Form of deed prescribed by Civil Code in California. I, A B, grant to CD all that real property situated in [insert name of county] County, State of California, bounded [or described] as follows: [here insert description, or if the land sought to be conveyed has a descriptive name, it may be described by the name, as, for instance," The Norris Ranch."] Witness my hand this [insert day] day of month] 18 A B [insert [It will be observed that this form omits the recital of a consideration; but such a recital is unnecessary under the law of California, as it is provided that the writing imports of itself a consideration. Though this form is prescribed by statute, it is not in general use, because it contains no warranties, and the practice is, on most occasions, to use the longer forms.] 162. Warranty deed, California form. day of in the year of our between This indenture, made the Lord one thousand eight hundred and seventy of —, the party of the first part, and the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of dollars of the of -,the party of United States of America, to him in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, does by these presents grant, bargain, sell, convey, and confirm unto the said party of the second part, and to his heirs and assigns forever, [here give description of property]. Together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in any wise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. To have and to hold all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever. And the said party of the first part, and his heirs, the said premises in the quiet and peaceable possession of the said party of the second part, his heirs and assigns, against the said party of the first part, and his heirs, and against all and every person and persons whomsoever, lawfully claiming or to claim the same, shall and will warrant, and by these presents ever defend. In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed, and delivered in the presence 163. of Warranty deed, Illinois form. [Seal.] in the year of our between This indenture, made this day of in the county of and State of of the In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. Signed, sealed, and delivered in the presence of [Seal.] 1 164. Warranty deed in Illinois, Statutory form. of the -, in the county of The grantor, and State of, for and in consideration of- dollars in hand paid, conveys and warrants to - of the county of — and State of the following described real estate, to wit: [here give a description of the property] situated in the county of in the State of Illinois, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this State. Dated this day of A. D. 18. Signed, sealed, and delivered in presence of 165. Kansas warranty deed. [Seal.] in consideration of Know all men by these presents, that dollars to him paid by, the receipt whereof is hereby acknowledged, does hereby grant, bargain, sell, and convey to the said, his heirs and assigns forever, [here give a description of the property] and all the estate, title, and interest of the said either in law or in equity, of, in, and to the said premises, together with all the privileges and appurtenances to the same belonging, and all the rents, issues, and profits thereof. To have and to hold the same to the only proper use of the said his heirs and assigns forever. And the said his heirs for himself and for his heirs, executors, and administrators, does hereby covenant with the said and assigns, that he is the true and lawful owner of the said premises, and has full power to convey the same; and that the title so conveyed is clear, free, and unincumbered; and further, that he will warrant and defend the same against all claim or claims of all persons whomsoever. In witness whereof, the said has hereunto set his hand and seal, this day of in the year of our Lord one thousand eight hundred and seventy Signed, executed, and acknowledged in presence of us, [Seal.] 166. Kentucky warranty deed. of dollars, to him paid by for and in of - the Know all men by these presents, that consideration of receipt whereof is hereby acknowledged, does hereby bargain, sell, and convey to the said his heirs and assigns forever, the fol lowing described real estate, to wit: [here give description of the property]; together with all the privileges and appurtenances to the same belonging. To have and to hold the same to the said his heirs and assigns forever, the grantor, his heirs, executors, and administrators hereby covenanting with the grantee, his heirs and assigns, that the title so conveyed is clear, free, and unincumbered, and that he will warrant and defend the same against all legal This indenture, made the - day of ——, in the year one thous and eight hundred and seventy between of the city of New York, county of New York, and State of New York, party of the first part, and of the city of Rochester, county of Monroe, and State of New York, party of the second part, Witnesseth That the said party of the first part, for and in consideration of the sum of one dollar, lawful money of the United States of America, to him in hand paid by the said party of the second part, at or before the ensealing and delivery of these presents, the receipt whereof is hereby acknowledged, hath remised, released, and quitclaimed, and by these presents doth remise, release, and quitclaim unto the said party of the second part, and to his heirs and assigns forever, all that certain lot, piece, or parcel of land, [here insert full description] together with all and singular the tenements, hereditaments, and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and remainders, rents, issues, and profits thereof. And also, all the estate, right, title, interest, property, possession, claim, and demand whatsoever, as well in law as in equity, of the said party of the first part, of, in, or to the above described premises, and every part and parcel thereof, with the appurtenances. To have and to hold all and singular the above mentioned and described premises, together with the appurtenances, unto the said party of the second part, his heirs and assigns forever. In witness whereof, the said party of the first part has hereunto set his hand and seal the day and year first above written. Sealed and delivered in the presence of • [Seal.] [The form of quitclaim in use in California is identical with this in New York.] 168. Illinois quitclaim deed, statutory form. The grantor, in the county of and State of of for the consideration of dollars, conveys and quitclaims to of the -, county of all interest in the following described real estate: [here give description of property]; situated in the county of in the State of Illinois, hereby releasing and waiving all rights under and by virtue of the homestead exemption laws of this State. Dated this day of A. D. 18. Signed, sealed, and delivered in presence of 169. Quitclaim deed, Michigan form. day of in the year [Seal.] of our This indenture, made the Lord one thousand eight hundred and seventy between of the -, party of the first part, and, of the -, party of the second part, Witnesseth: That the said party of the first part, for and in consideration of the sum of dollars to him in hand paid by the said party of the second part, the receipt whereof is hereby confessed and acknowledged, does by these presents grant, bargain, sell, remise, release, and forever quitclaim unto the said party of the second part and to his heirs and assigns forever [here give description of property]. Together with all and singular the hereditaments and appurtenances thereunto belonging or in anywise appertaining. To have and to hold the said premises to the said party of the second part, and to his heirs and assigns, to the sole and only proper use, benefit, and behoof of the said party of the second part, his heirs and assigns forever. In witness whereof, the said party of the first part has hereunto set his hand and seal, the day and year first above written. Signed, sealed, and delivered in presence of • [Seal.] [There is not much variance in the forms of quitclaim deeds in use in our various States. Such a form of a deed is generally given when a person relinquishes some claim or title to property, and when he gives up a right which he holds in common with others. In these cases, it is the simplest and most direct method to release his interest and title, as well as convey that interest. This form of deed has long been in use in this country. Washburne, Real Prop. Vol. 3, p. 309. The operative words of release in a simple quitclaim deed are, "remise, release, and quitclaim"; but where the words "bargain, sell, and quitclaim" are employed, they operate, not merely to release, but to transfer any interest which the grantor possesses at the execution of the deed. Touchard v. Crow, 20 Cal. 150. A grantee under a quitclaim deed can maintain ejectment under it, if his grantor could have done so. Sullivan v. Davis, 4 Cal. 291; Carpentier v. Williamson, 25 Cal. 168.] 170. Mortgage-form in use in New York. This indenture, made the and eight hundred and seventy - day of -, in the year one thousbetween A B and C D, his wife, |