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Abstracts Of Laws Of State Relating To Deeds

( Originally Published 1918 )



Alabama.óDeed must be signed at the foot and attested by one witness, or, when the party can-not write, by two witnesses. A scroll answers for a seal. Must be acknowledged and recorded.

Arizona.óNo seal or witness necessary.

Arkansas.óDeed must be executed in the presence of two disinterested witnesses, or, in default thereof, must be acknowledged by the grantor in the presence of two such witnesses, who must then subscribe the deed. No seal is required. Must be recorded to be effectual against third per-sons. Wife must join to convey dower or home-stead.

California.óDeeds are known as "grants." Witnesses are not necessary to their validity. No seal is required. To be effectual against third persons, must be acknowledged and recorded. Wife must join to convey homestead. Dower is abolished.

Colorado.--All estates granted or devised are held to be in fee simple unless expressly limited. No witness or seal required. Must be acknowledged, and recorded in the county where the land lies. Wife should join to convey homestead. Dower is abolished. Wife may convey her real estate the same as if unmarried.

Connecticut.óDeed must be attested by two witnesses, and must be personally acknowledged. The word "Seal" or the scroll [L. S.] answers for a seal. Must be recorded in the county where the land lies. Wife must join to convey homestead or dower, and may convey her real estate the same as if unmarried.

Delaware.óDeed requires but one witness. A scroll answers for a seal. Must be acknowledged and recorded within three months after the sealing and delivery. Wife should join to release dower.

Florida.óDeed having no words of limitation passes the fee, or such title as the grantor has. At least two witnesses are necessary. A scroll answers for a seal. Must be acknowledged or proved by one subscribing witness in order to be admitted to record. Wife must join to release dower.

Georgia.óDeed must be attested by two witnesses in order to be admitted to record, though, as between the parties, the title passes without attesting witnesses. Dower is released by wife joining with her husband in the deed. Must be acknowledged and recorded.

Idaho.óDeed must be acknowledged and recorded. One witness; no seal required. Husband must join in conveying the real estate of the wife.

Illinois.óDeed must be acknowledged and recorded in the county where the land lies. No wit ness required. A scroll answers for a seal. To release dower husband and wife must join in the conveyance, otherwise either may convey as if unmarried. Release of homestead must be expressly stated in the deed and acknowledgment.

Indiana.óDeed must be acknowledged and recorded in the county where the land lies within forty-five days after execution. No witness or seal required. Husband and wife must join in conveying separate estate of the wife. Dower is abolished.

Iowa.óDeed must be acknowledged, and recorded in the county where the land lies. No witness or seal is necessary. Wife must join in the conveyance to bar dower. Married women may convey their interests in real estate in the same manner as other persons.

Kansas.óDeed must be acknowledged, and recorded in the county where land lies. No witness is required, and no seal except by corporation. Wife must join to convey homestead. A married woman may convey her real estate just the same as if unmarried. Dower is abolished.

Kentucky.óDeed must be acknowledged, or instead thereof, proved by two subscribing witnesses. If acknowledged no witness is required. No seal is necessary. But the deed must be recorded to be valid against third persons. The husband must join with the wife in any deed concerning her separate estate, and she must acknowledge the same.

Louisiana.óDeed must be attested by a notary and two witnesses, and recorded in the parish where the property is situated. No seal or scroll is required. Wife need not join husband in the deed unless she has a privilege or mortgage registered against it.

Maine.óDeed must have a seal, a scroll not being sufficient. No witness is required, though one is usual. Must be acknowledged before it can be recorded. Dower is abolished. Wife may convey her separate estate without the joinder or assent of her husband.

Maryland.óDeed must be acknowledged, and recorded within six months in the county where the land lies. At least one witness is necessary. A scroll answers for a seal. Wife must join to release dower.

Massachusetts.óDeed must have a seal, a scroll not being sufficient. Must be acknowledged, and recorded in the county where the land lies. To bar dower, the wife must join husband in the conveyance. No witness required.

Michigan.óDeed must be attested by at least two witnesses. A scroll answers for a seal. Must be acknowledged, and recorded in the county where the land lies. Wife must join to bar dower, and may convey her separate estate without her husband joining in the deed.

Minnesota.óDeed must be executed in the presence of two subscribing witnesses. No seal required. Must be acknowledged, and recorded in the county where the land lies. Wife must join to convey homestead. Dower is abolished.

Mississippi.óDeed transfers, according to its terms, the title of the person signing and delivering it. No witness is necessary, but before deed can be recorded must be acknowledged. No seal is necessary. Must be recorded in the county where the land lies. Wife must sign to convey homestead, and she may deed separate estate the same as if not married.

Missouri.óDeed conveys fee unless a less estate is expressly limited or clearly appears to be intended. No seal or witness is necessary. Must be acknowledged and recorded. Wife must join to convey dower or homestead. Husband must join in conveyance of wife's separate estate.

Montana.óDeed, if acknowledged, requires no witness, otherwise, must be proved by one or more witnesses. No seal is required. Wife must join to convey homestead or dower. Husband must join to convey the real estate of the wife.

Nebraska.óDeed must have acknowledgment endorsed thereon. One witness is necessary. No seal is required. Must be recorded. Wife must join to convey dower or homestead, and may convey her own real estate the same as if single.

Nevada.óDeed requires no witness. A scroll answers for a seal. Must be acknowledged and recorded. Wife need join only where deed is of a homestead.

New Hampshire.óDeed requires at least two witnesses. Must have a seal, a scroll not being sufficient. Must be acknowledged and recorded. Wife must join to convey homestead or dower, and may convey her own real estate the same as if she were unmarried.

New Jersey.óDeed requires no witness. A scroll answers for a seal. Must be acknowledged and recorded. Husband and wife must join in conveying property of either.

New Mexico.óNo seal or witness necessary.

New York.óDeed requires no witness when duly acknowledged, otherwise one is necessary. A scroll answers for a seal. Must be recorded. Wife must join to release homestead, and cannot be deprived of her dower except by her acknowledgment of assent. Wife may convey her real estate as if single.

North Carolina.óDeed must have one or more witnesses. A scroll answers for a seal. Must be acknowledged and recorded. Wife must join to convey homestead or dower. Husband must join in conveyance of wife's real estate.

North Dakota.óDeed, if duly acknowledged, requires no witness, otherwise, must be proved by a subscribing witness to entitle it to be re-corded. Wife must join to convey homestead. Dower is abolished. Wife may convey her real estate the same as if unmarried.

Ohio.óDeed requires two witnesses. No seal is necessary. Must be acknowledged and re-corded. Wife must join to convey homestead or dower, and may convey her real estate without being joined by her husband.

Oklahoma.óDeed requires no witness. Must be acknowledged and recorded. Dower is abolished. Wife must join to convey homestead, and may convey her real estate without being joined by her husband.

Oregon.óDeed requires two witnesses. A scroll answers for a seal. Must be acknowledged, and recorded within five days. Wife must join to release dower, and may deed her real estate.

Pennsylvania.óDeed requires no witness. A scroll answers for a seal. Must be acknowledged, and those executed within the state must be re-corded within ninety days (in Philadelphia, at once), and those executed without the state must be recorded within six months. Wife must join to release dower, and may deed her real estate as if unmarried.

Rhode Island.óDeed requires no witness. No seal is necessary. Must be acknowledged, and recorded in the records of land-evidence in the town or city where the land is situated. Wife must join to release dower, and may convey her real estate as if unmarried.

South Carolina.óDeed requires two witnesses. Anything intended as such answers for a seal. Must be acknowledged and recorded. Wife may release dower by join deed with her husband, or by a separate instrument when conveyance has been executed by the husband. Wife may convey her real estate the same as if unmarried.

South Dakota.óDeed requires no witness. No seal is necessary. Must be acknowledged and re-corded. Wife must join to convey homestead. Dower is abolished. Wife may convey her real estate the same as if she were unmarried.

Tennessee.óDeed, if acknowledged, requires no witness, otherwise must be proved by two witnesses. No seal is required. Must be registered in the county where the land lies. Wife must join to convey dower or homestead, and may convey her real estate as if unmarried.

Texas.óDeed, if acknowledged, requires no witness, otherwise must be proved by two witnesses. No seal is required. Must be recorded. Dower is unknown. Wife must join to convey homestead. Husband must join to convey separate property of the wife.

Utah.óDeed does not require any witness. No seal is necessary. Must be acknowledged and recorded. Dower is unknown. Wife must join to convey homestead, and may convey her real estate the same as if she were unmarried.

VermontóDeed requires two witnesses. A seal is necessary, a scroll not being sufficient. Must be acknowledged and recorded. Wife must join to release homestead. Dower exists in realty of which the husband died seized, so the wife need not join with husband to bar dower. Husband must join in conveyance of wife's real estate.

Virginia.óDeed, if acknowledged, requires no witness, otherwise must be proved by two witnesses. A scroll answers for a seal. Must be recorded within sixty days. Wife must join to convey homestead or dower, and may convey her separate estate the same as if unmarried.

Washington.--Deed requires no witness. A seal is not necessary. Must be acknowledged and recorded. Wife must join to convey homestead, and may convey her real estate the same as if she were unmarried.

West Virginia.óDeed, if duly acknowledged, requires no witness, otherwise must be proved by two witnesses. A scroll answers for a seal. Must be recorded. Wife cannot convey her real estate without being joined by her husband, unless living apart, and bars dower by joining in deed with her husband.

Wisconsin.óDeed requires two witnesses. A scroll answers for a seal. Must be acknowledged and recorded. Wife must consent to conveyance of homestead, which must be evidenced by her signature, but she need not join in the conveyance. Bars dower by joining with her husband in conveyance. Wife may convey her real estate or interest by deed the same as if she were unmarried.

Wyoming.óDeed requires one subscribing witness. A scroll answers for a seal. Must be acknowledged and recorded. Wife must join in release or waiver of homestead, and may bar dower by joining husband in a deed or by her separate deed. Wife may convey her own property the same as if she were unmarried.



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