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scribed on the map made by James Munro, Surveyor, and filed in the Clerk's Office of the said county June 5th, 1849, [by the number (47) fortyseven,] and bounded and described as follows:
(Here give the description.) And the said party of the first part agrees to execute and deliver to the said party of the second part, a Warranty Deed, with full covenants, for
the said described land: Provided, and upon conCondi- dition, nevertheless, that the said party of the se
cond part, his heirs and assigns, pay to the said party of the first part, his heirs or assigns, for the same land, the sum of two thousand dollars, law. ful money of the United States, in manner aforesaid: And the said party of the second part, for himself, his heirs, executors, and administrators, doth covenant and agree, to, and with, the party of
the first part, his heirs and assigns, that the said nant to party of the second part will pay the said several
sums as they severally become due, without any deduction for any taxes or assessments whatever :
chaserin good faith, and holds the property though other deeds have been given, and not recorded.
69. We have already given the form of a Warranty Deed, and observed that the grantor covenants to make good any and every defect which
may be found to exist in the title. Quit A Quit Claim Deed is an instrument by which
the grantor conveys his right and title (if he has any) to the land under consideration.
A Trust Deed is given when the grantee receives the estate for some benefit, or security therein mentioned, to accrue to some person or persons specified other than the grantee.
The Executor's Deed. This is given by the Execu. executors of an estate who, by virtue of their of
fice, have full power and authority to make and execute a deed for the same.
And it is further agreed between the parties to Agreethese presents, that, if default be made in fulfilling this agreement, or any part thereof, on the part of the said party of the second part, then, and in such case, the said party of the first part, his heirs and assigns, shall be at liberty to consider this contract annulled, and the money already paid as forfeited, and to dispose of the said land to any other person in the same manner, as if this contract had never been made.
In witness whereof, we have set our hands and seals the day and year first above written.
SAMUEL WISE. Sealed and delivered in the presence of
70. Let the Student now be required to give the analysis of the Warranty Deed, including explanations, definitions, &c., and also define the different kinds of deeds.
71. Agreements or contracts. Since written instruments are considered better evidence than
Agreeverbal testimony, it is always advisable to make ments in
writing. agreements in writing, signed and sealed by the parties. Let the Student give the analysis of the above agreement.
72. The agreement always precedes the conveyance or delivery, and in the purchase of Real Estate it affords an opportunity to examine the record (Art. 68). A duplicate of the agreement is usually made, in order that both parties may have the articles of the contract.
Lease of Land.
This Indenture, made the third day of April, one thousand eight hundred and fifty-one, bctween Theodore Webb, of the City of Albany, Banker, of the first part, and Wesley Jansen, of the same city, Merchant, of the second part: Wijnesseth, that the said party of the first part, for, and in consideration of, the rents, covenants, and agreements, hereinafter mentioned, reserved, and retained, on the part and behalf of the said party of the second part, his executors, administrators, and assigns, to be made, kept, and performed, hath granted, demised, and to farm letten, and by these presents doth grant, demise, and to farm let, unto the said party of the second part, his executors, administrators, and assigns, All, &c., (here description of property,) To have and to hold the said above mentioned and described premises, with the appurtenances, unto the said party of the second part, his executors,
The several phrases “his heirs, executors,” etc., convey the same meaning as in the deed.
The several parts of the contract should be stated with minuteness, and if any erasure, interlineation or addition be made, it should be specified that the same was done before the parties signed it. It may often be difficult to draw up an agreement with sufficient precision, yet we can judge very correctly of the true intent and meaning by the general tenor of the instrument given.
73. Lease. This is a contract for the temporary possession of houses, or lands with houses thereon; and, with respect to their sale, it is considered as an incumbrance upon the property, since a conveyance can be effected only subject to the lease.
A Tenant is one who holds lands or tenements
administrators, and assigns, from the first day of May, one thousand eight hundred and fifty-one, for, and during, and until the full end and term Term. of five years, thence next ensuing, and, fully to be complete and ended, yielding and paying therefor unto the said party of the first part, his heirs or assigns, yearly, and every year, during the said term hereby granted, the yearly rent or sum of two hundred and fifty dollars, lawful money of the United States of America, in equal half yearly payments, to wit, upon the first day of November, and upon the first day of May, in each, and every, of the said years; Provided always, nevertheless, That if the yearly rent above reserved, or any part thereof, shall be behind or unpaid on any day of payment whereon the same ought to be paid as aforesaid; or, if default shall be made in any of the covenants herein contained, on the part and behalf of the said party of the second part, his executors, administrators, and assigns, to be paid, kept, and performed, then and
belonging to another, or, is the person to whom the property is leased.
An Under Tenant is a person to whom a Tenant leases property, and a contract for the same is called an Under Lease.
Numbers and dates should be written out in full in all the instruments, the forms of which are here given.
74. The transfer of land by deed has already been considered (Art. 72); there is another by will Will. or devise, the form of which is given (p. 149). By the classification adopted, we first treat of Land and its Transfer, second, of Personal Property, and lastly, of subjects of a more general character.
75. It is often important to know who are the persons to whom land shall descend when not dis- Rules of posed of during the lifetime of the owner (Art. 59).
nant to pay rent.
from thenceforth it shall and may be lawful for the said party of the first part, [his heirs or assigns,] into and upon the said demised premises, and every part thereof, wholly to re-enter and remove all
persons therefrom, and the same to have again, repossess, and enjoy, as in his or their first and former estate, any thing hereinbefore con
tained to the contrary thereof, in any wise notCove withstanding : And, the said party of the second
part, for himself, his heirs, executors, and administrators, doth promise, covenant, and agree, to and with the said party of the first part, his executors, administrators, or assigns, that the said -party of the second part, his executors, administrators, or assigns, shall and will yearly, and every year, during the said term hereby granted, well and truly pay, or cause to be paid, unto the said party of the first part, his heirs or assigns, the said yearly rent above reserved, on the days, and in the man
limited and prescribed as aforesaid, for the payment thereof, without any deduction, fraud, or de
The following rules of desoent prevail in most of the states :
1. To the lawful issue of the person last seized, standing in equal degrees in equal parts, thus, the owner's children would share equally.
2. If either of the lawful issue has deceased, Repre- then the lawful children of such lawful issue,
being the only representatives of the parent, shall, together, be entitled to the amount which would otherwise be inherited by the parent.
3. To the nearest collateral relatives (Art. 59).
76. The rule for calculating the distance of Rule of relationship, is to count the degrees from the per
son proposed back to the common ancestor ; and the distance of relationship between any two of the descendants is equal to the number of the degrees from one of them back to the common an