Different Kinds Of Deeds
( Originally Published 1918 )
A Warranty Deed is so called because the grantor covenants to warrant and defend lands mentioned against all persons, and to the extent specified.
A General Warranty covenants and warrants against all persons whosoever.
A Special Warranty covenants and warrants only against one person, his heirs and those claiming under him.
A Quitclaim Deed is one which conveys all the interest which the grantor possesses, whatever it may be, in the lands specified, without containing any warrants. By it the grantor merely quit-claims any interest he may have, but does not warrant his title.
A Trust Deed conveys property to persons to hold for the use of some other person who is entitled to the proceeds, title, or use of the property.
Tax Deeds are made by a public officer after sale of the land for nonpayment of taxés. They differ from common deeds in that they do not in themselves transfer title. That is to say, any irregularity or illegality in the sale or other proceedings on which the deed is based will invalidate the deed itself. In many states the grantee of such a deed holds the property subject to the right of the owner to redeem it within a specified time, by paying taxes, costs and interest on the purchase money, at a fixed rate, greater than the usual rate of interest.
Deeds by Executors, Administrators, or Guardians, generally contain no warranty; or a special warranty that the grantor has not done or committed any act whereby the premises conveyed are charged or encumbered. Every requisition of the law should be carefully complied with, and every requisition of the law must be complied with to give a good title.
Forms of Deeds conveying land are prescribed by some states, and such form should generally be used.
Form of Warranty Deed-Good for Any State
THIS INDENTURE, made this Fourth day of March in the year of Our Lord One Thousand Nine Hundred and between John Dun and Mary Jane Dun, his wife, of the City of Ottawa, in the County of La Salle, and State of Illinois, parties of the first part, and Wm. Johnson, of the City of Chicago, in the County of Cook, and State of Illinois, party of the second part,
Witnesseth, That the said parties of the first part, for and in consideration of the sum of One Thousand Dollars in hand paid by the said party of the second part, the receipt whereof is hereby acknowledged, and the said party of the second part forever released and discharged there-from, have granted, bargained, sold, remised, released, conveyed, aliened and confirmed, and by these presents do grant, bargain, sell, remise, release, convey, alien and confirm, unto the said party of the second part, and to his heirs and assigns forever, all the following described lot, piece, or parcel of land, situated in the County of La Salle, and State of Illinois, and known and described as follows, to-wit:
(Here describe property.)
Together with all and singular The hereditaments and appurtenances thereunto belonging, or in anywise appertaining, and the reversion and reversions, remainder and. remainders, rents, issues and profits thereof; and all the estate, right, title, interest, claim or demand whatsoever, of the said parties of the first part, either in law or equity, of, in and to the above bargained premises, with the hereditaments and appurtenances: To Have and to Hold the said premises above bargained and described, with the appurtenances, unto the said party of the second part, his heirs and assigns, forever.
And The said John Dun and Mary Jane Dun, his wife, parties of the first part, for themselves and their heirs, executors and administrators, do covenant, grant, bargain and agree, to and with the said party of the second part, his heirs and assigns, that at the time of the ensealing and delivery of these presents, they are well seized of the premises above conveyed, as of a good, sure, perfect, absolute and indefeasible estate of inheritance in law, in fee simple, and have good right, full power, and lawful authority to grant, bargain, sell and convey the same in manner and form aforesaid, and that the same are free and clear from all former and other grants, bargains, sales, liens, taxes, assessments and encumbrances, of what kind or nature soever; and the above bargained premises, in the quiet and peaceful possession of the said party of the second part, his heirs and assigns, against all and every other person or persons lawfully claiming or to claim the whole or any part thereof; the said party of the first part shall and will Warrant and Forever Defend.
And The said parties of the first part hereby expressly waive and release any and all right, benefit, privilege, advantage and exemption, under or by virtue of any and all Statutes of the State of Illinois, providing for the exemption of homesteads from sale on execution or otherwise.
In Witness Whereof, The said parties of the first part have hereunto set their hands and seals, the day and year first above written. JOHN DUN, [SEAL] MARY JANE DUN. [SEAL]
Signed, sealed, and delivered in the presence of
HENRY ROLPH, J
STATE OF ILLINOIS, COUNTY OF COOK. SS.
I, John Smith, a Justice of the Peace in and for said County, in the State aforesaid, do hereby certify, that John Dun, who is personally known to me to be the real person whose name is subscribed to the within Instrument as having executed the same, appeared before me this day, in person, and acknowledged that he signed, sealed and delivered the said instrument of writing as his free and voluntary act, for the uses and purposes therein set forth, and thereby conveyed all his right, title and interest in and to the premises described in said Instrument, and expressly waived and released all right, title and benefit of exemption under any and all Homestead Exemption Laws, so-called, of said State of Illinois.
And the said Mary Jane Dun, wife of the said John Dun, having been by me examined, separate and apart from, and out of the hearing of her husband, and the con-tents and meaning of said instrument, and all her rights under the Homestead Laws of the State of Illinois having been by me made known and fully explained to her, acknowledged it to be her act and deed, and that she had executed the same, and relinquished her dower and all other right, title and interest in and to the lands and tenements therein mentioned, and expressly waived and released all her rights and advantages under and by virtue of all laws of said State of Illinois relating to the Exemption of Homesteads, all voluntarily and freely, and without the compulsion of her said husband, and that she does not wish to retract the same.
Given under my hand and seal, this Fourth day of March, A. D. I9---. JOHN SMITH.
Form of Quitclaim Deed—Good for Any State
THIS INDENTURE, made the tenth day of March, in the year of Our Lord One Thousand Nine Hundred and — between Sam Burns and his wife, Jessie Burns, of the City of St. Paul, in the State of Minnesota, parties of the first part, and Walter J. Paul, of the Town of Cokato, County of Wright, in the State of Minnesota, the party of the second part, Witnesseth: That the said parties of the first part, for and in consideration of the sum of nine thousand ($9,000) dollars, currency of the United States of America, to us in hand paid by said party of the second part, the receipt whereof is hereby acknowledged, do by these presents remise, release, and forever Quitclaim unto the said party of the second part, and to his heirs and assigns for-ever, all the certain lots, pieces or parcels of land, situated in the said Town of Cokato, County of Wright, and State of Minnesota, and bounded and particularly described as follows, to-wit :
Lot number three (3), in block number six (6), in said Town of Cokato, and County of Wright, State of Minnesota. Also the northwest quarter of section thirty seven (37), in the Township of Cokato, County of Wright, and State of Minnesota, containing one hundred and sixty acres, more or less, according to the United States surveys.
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 said premises, together with the appurtenances, unto the said party of the second part, and to his heirs and assigns forever.
In Witness Whereof, The said parties of the first part have hereunto set their hands and seals the day and year first above written. SAM BURNS, [SEAL] JESSIE BURNS. [SEAL]
Signed, sealed, and delivered in the presence of
STATE OF MINNESOTA, SS. COUNTY OF WRIGHT.
On the tenth day of March, in the year one thousand nine hundred and, before me personally appeared the above named Sam Burns and Jessie Burns, his wife, each and all to me known and known to me to be the individuals described in and who executed the foregoing instrument, and they thereupon acknowledged to me that they executed the same. JOHN THOMPSON,
Date of Commission. Notary Public.