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the grantor had covenanted that he, his heirs, and personal representatives, will forever warrant and defend the said property unto the said grantee, his heirs, personal representatives, and assigns, against the claims and demands of the grantor, and all persons claiming, or to claim, by, through, or under him.

SEC. 51. The words "with general warranty," in the granting part of any deed, shall be deemed to be a covenant by the grantor that he will warrant generally the property hereby conveyed. The words "with special warranty," in the granting part of any deed, shall be deemed to be a covenant by the grantor that he will warrant specially the property hereby conveyed.

SEC. 52. A covenant by a grantor, in a deed for land, "that he is seized of the land hereby conveyed," shall have the same effect as if the grantor had covenanted that he, at the time of the execution and delivery of said deed, is and stands lawfully seized of, in, and to the said lands and premises hereby conveyed, or intended so to be.

SEC. 53. A covenant by a grantor, in a deed for land, "that he has the right to convey the land to the said grantee," shall have the same effect as if the grantor had covenanted that he has good right, full power, and absolute authority to convey the said land, with all the buildings thereon, and the privileges and appurtenances thereto belonging, unto the grantee, in the manner in which the same is conveyed or intended so to be by the deed, and according to its true intent.

SEC. 54. A covenant by a grantor, in a deed for land, "that the grantee shall have quiet possession of the said land," shall have the same effect as if he had covenanted that the grantee, his heirs, and assigns, might, at any and at all times thereafter, peaceably and quietly enter upon and have, hold, and enjoy the land conveyed by the deed, or intended so to be, with all the buildings thereon, and privileges and appurtenances thereto belonging, and receive and take the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand, whatever, by the grantor, his heirs, or assigns, or any other person whatsoever.

SEC. 55. A covenant by any such grantor, "that the grantee shall have quiet possession of said land, as against him the grantor and his heirs," shall have the same effect as if he had covenanted that the grantee, his heirs and assigns, might, at any and all times there

after, peaceably and quietly enter upon, and have, hold, and enjoy the land conveyed by the deed, or intended so to be, with all the buildings thereon, and the privileges and appurtenances thereto belonging, and receive and take the rents and profits, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand, whatever, by the grantor or his heirs, or by, or with his, or their acts, means, consent, default, privity, or procurement.

SEC. 56. A covenant by any such grantor, "that he has done no act to encumber the said lands," shall have the same effect as if he covenanted that he had not done or executed, or knowingly suffered any act, deed, or thing, whereby the lands and premises conveyed, or intended so to be, or any part thereof, are or will be charged, affected, or encumbered, in title, estate, or otherwise.

SEC. 57. A covenant by any grantor, in a deed for land, "that the premises are free and clear of all encumbrances," shall have the same effect as if he covenanted that the grantee, his heirs, and assigns might, at any and all times thereafter, hold and enjoy the land conveyed by the deed, or intended so to be, with all the buildings thereon, and the privileges and appurtenances thereto belonging, and receive and take the rents and profits thereof, to and for his and their use and benefit, fully, clearly, and absolutely indemnified by the said grantor, his heirs, or personal representatives, of, from, and against all former and other estates, rights, titles, lien, charges, and encumbrances, whatsoever.

his

SEC. 58. A covenant by any such grantor, "that he will execute such further assurances of the said lands as may be requisite," shall have the same effect as if he covenanted that he, the grantor, heirs, or personal representatives, will, at any time, upon any reasonable request, at the charge of the grantee, his heirs, or assigns, do, execute, or cause to be done, or executed, all such further acts, deeds, or things, for the better, more perfectly, and absolutely conveying and assuring the said lands and premises hereby conveyed, or intended so to be, unto the grantee, his heirs, and assigns, in manner aforesaid, as by the grantee, his heirs, or assigns, or his or their counsel learned in the law, shall be reasonably advised or required.

SEC. 59. When on the breach of any covenant of seizin, of a right to convey, for quiet enjoyment, against encumbrances, or of warranty,

general or special, the measure of damage to be recovered thereon shall be the consideration money paid, or part thereof, with interest and costs, the jury may allow such a rate of interst, not exceeding twenty per centum per annum, as they may deem just and equitable.

SEC. 60. The assignee or purchaser of real estate, immediate or remote, under a conveyance containing a covenant of seizin, a covenant of a right to convey, or a covenant against encumbrances, shall have the same right of action upon such covenants that such assignee or purchaser now has upon a covenant of warranty, or other covenant running with the land.

FORMS OF DEEDS.

SEC. 61. Deeds for the conveyance of real estate may be made in the forms following, or to like effect; and shall, as respects the form thereof, be deemed sufficient to convey such estates or interests as are hereinafter specified:

SEC. 62. A deed to convey an estate in land in fee-simple, from one to another, may be made in the following form, or to like effect: in the year, by

This deed, made this — -day of

"

(here insert the name of the grantor,) witnesseth, that in consideration of (here insert the consideration) the said (grantor) doth grant unto, (here insert name of grantee,) all that (here describe the property.)

Witness his signature and seal.

[SEAL.]

;

SEC. 63. A deed to convey an estate in land for life may be made in the following form, or to like effect:

This deed, made this

day of winesseth, that in consideration of doth grant unto, to hold during his life, all that Witness his signature and seal.

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[SEAL.]

SEC. 64. A deed to convey an estate in land for life to one, remainder in fee to another, may be made in the following form, or to like effect:

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in the year, by
the said

doth grant unto

"

all that his life, and after the death of the said

Witness his signature and seal.

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SEC. 65. A deed to convey an estate in land in fee-simple, to two or more, as tenants in common, may be made in the following form, or to like effect:

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by

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by

same for the life of the said

said

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[SEAL.]

SEC. 66. A deed to convey an estate in land in fee-simple, to two or more, as joint tenants, may be made in the following form, or to

like effect:

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"

by

,

"

This deed, made this day of in the year witnesseth, that in consideration of doth grant unto to hold the same as joint tenants, unto them, and the survivor of them.

and

all that

"

Witness his signature and seal.

the said

in the year

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[SEAL.]

"

SEC. 67. A deed to convey an estate in land for life to one, with contingent remainder to an unborn person, may be in the following form, or to like effect:

This deed, made this

then to the eldest (or other) child of Witness his signature and seal.

--

2

day of
in the year
witnesseth, that in consideration of
doth grant unto

"

all that

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to hold

the said

"

to hold the

-, and after the death of the

[SEAL.]

SEC. 68. A deed to convey an estate in lands in fee-simple to one, defeasible upon his dying without a child, or descendant of a child, living at the time of his death, and in that event remainder to another, may be made in the following form, or to like effect: day of in the year witnesseth, that in consideration of doth grant unto all that

This deed, made this

"

the said

"

But should

die without leaving a child, or descendant of a

9

the said

child, living at the time of his death, then the said

the said

to

Witness his signature and seal.

[SEAL.]

"

SEC. 69. A deed to convey an estate in land for a term of years may be made in the following form, or to like effect :

in the year

This deed, made this day of
witnesseth, that in consideration of

by

9

doth grant unto

all that

9

same for the term of

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in the year

Witness his signature and seal.

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years; beginning on the

and ending on the

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-, [SEAL.]

SEC. 70. A deed to convey real estate sold by the marshal, or other officer, under execution, may be made in the following form, or to like effect:

This deed, made this

day of

in the year

"

"

by

day of

in the year

9

-, (giving name and title of officer,) witnesseth, that by virtue of an execution issued out of (here insert the style of the court,) and dated the in the case of has, for the sum of — dollars, sold to property, to wit: (here describe the property.) consideration of the premises, the said

v.

the said

"

said
all the right and title of
hereinbefore described property.
Witness his signature and seal.

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grants

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"

the said

"

to hold the

day of

day of

as (repeating title) the following Now, therefore, in doth grant unto the in and to said

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[SEAL.]

SEC. 71. A deed to convey real estate sold by a trustee, under the authority of a court, may be made in the following form, or to like effect:

in the year

"

This deed, made this - day of trustee, witnesseth: whereas, by a judgment (or order) of (here insert the style of court) passed on the

by

"

day of

v.

in the year

in the case of

"

2

the said was appointed trustee to sell the land therein decreed to be sold, and has, for the sum of dollars, sold the same to ―, who has fully paid the purchase-money therefor. Now, there

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