Deeds of Gift.

C. B., his heirs and assigns, forever, the use and privilege of a road to pass and repass to and from the river, with wagons, horses and carriages, through the land herein before conveyed to the said E. B., to have and to hold the said use and privilege to the said C. B., and to his heirs and assigns forever.

AND THE SEVERAL and respective parties to these presents, each of them for himself, herself and themselves, his, her and their heirs, executors and administrators, do hereby mutually covenant, promise, grant and agree to and with the other and others of them, his, her and their heirs, executors, administrators and assigns, that in every respect and particular not hereinbefore especially agreed upon and provided for, they, the said parties, and each and every of them respectively, and their and each and every of their legal representatives, shall and will in all things abide by the will of the said testator, and carry the same into full execution and effect, agreeably to the intentions of the said testator, and according to the true intent and meaning of the same.

IN WITNESS WHEREOF, the parties to these presents have hereunto interchangeably set their hands and seals, the day and year first above written.

Signed, sealed and delivered}

in presence

[Signature of witness.]

[Signatures and seals.]

720. Deed of Gift.(k)

day of

between A. B., of

one thousand eight hundred in the county and State of

THIS INDENTURE, made this and merchant [and C. B. his wife], of the first part, and B. B., of the same place, son of the said A. B., physician, of the second part: WITNESSETH, that the said A. B., for and in consideration of the natural love and affection, which he has unto the said B. B., by these presents does give, grant, alien, enfeoff and confirm unto the said B. B., his heirs and assigns, forever, all [here insert description of the premises]: 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, and all the estate, right [dower and claim of dower()], title, interest, property, claim and demand, whatsoever, of the said party [or, parties] of the first part, of, in and to the said premises, with the appurtenances, and every part thereof: TO HAVE AND TO HOLD all and singular the above-granted premises, with the appurtenances, unto the said B. B., his heirs and assigns, forever.

IN WITNESS WHEREOF, the party [or, parties] of the first part has [or, have] hereunto set his hand and seal [or, their hands and seals], the day and year above written.

Signed, sealed and delivered

in presence of

[Signature of witness.]

[Signatures and seals.]

(k) For the form of a covenant to stand (7) Omit these words, unless a wife seized to uses, see chapter of COVENANTS. joins.

Exchange.

721. Deed of Exchange.(m)

THIS INDENTURE, made this eight hundred and

and State of

day of between A. B., of

merchant, of the first part, and Y. Z., of

in the said county, farmer, of the second part:

Witnesseth, that the said party of the first part has given and granted, and by these presents does give and grant unto the said party of the second part, his heirs and assigns, forever, all [here insert description of premises], together with the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, in exchange of and for the lands hereinafter mentioned, of the said party of the second part. TO HAVE AND TO HOLD the said premises, with the appurtenances, and every part thereof, to the said party of the second part, his heirs and assigns, forever, in exchange for the said lands hereinafter mentioned. [Here may insert the covenants, if any, which are usually the covenants against encumbrances and for further assurance.]

And the said party of the second part has likewise given and granted, and by these presents does give and grant unto the said party of the first part, his heirs and assigns, forever, all [here insert description of premises], together with the tenements, hereditaments and appurtenances thereunto belonging, or in any wise appertaining, in exchange of and for the lands herein before mentioned, of the said party of the first part. To HAVE AND TO HOLD the said premises, with the appurtenances, and every part thereof, to the said party of the first part, his heirs and assigns, forever, in exchange for the said lands herein before mentioned. [Here may insert the covenants, if any, which are usually the covenants against encumbrances and for further assurance; and may, if desired, add the following proviso for re-entry in case of eviction.]

Provided always, nevertheless, and these presents are upon this condition, and it is the true intent and meaning of the parties hereunto, that if it shall happen that either of the said parties to these presents, their executors, administrators or assigns, shall at any time hereafter, during the said respective terms above granted, by color or means of any former or other conveyance, or otherwise howsoever, be ousted or evicted of and from the possession of either of the said messuages or tenements, and other the premises, so respectively granted in exchange as aforesaid, or any part thereof, then and in any such case the grant and conveyance made by these presents shall be utterly void and of none effect; and thenceforth it shall and may be lawful to and for the party or parties so ousted or evicted, into his or their said former messuage or tenement and premises, with all and singular the appurtenances, to re-enter, and the same to have again, repossess and enjoy, as of his and their former estate or estates, any thing herein contained to the contrary notwithstanding.

(m) This form of conveyance is rarely change to give an ordinary deed to the used in this country. It is commonly other.

more convenient for each party to an ex

Description of Property in Deed.

IN WITNESS WHEREOF, the parties to these presents have hereunto inter

changeably set their hands and seals, the day and year first above written. [Signatures and seals.]

Signed, sealed and delivered

in presence of

}

[Signature of witness.]

Various Descriptions of Property and Appurtenances; Exceptions;

Reservations; Conditions.

722. Description of Land by No. of Lot and Township.

All that certain tract or parcel of land known as Lot No. 2 (two), in Township No. 3 (three), in range 4 (four), in the county of State of

aforesaid, containing

acres.(n)

723. Description by Metes and Bounds.(0)

and

All that certain tract, piece or parcel of land situate, lying and being in the town of and State of

county of

known and described as follows: beginning at a stake and stones in the northeast corner of the meadow-lot, now or late of M. N., running thence northerly(p) sixteen (16) rods; thence north twenty-three degrees (230); east, ten (10) rods; thence south twenty-five degrees, ten minutes (25° 10′); east, sixteen (16) rods, ten (10) inches; thence south by west to the point of beginning, containing acres.(7)

724. The Same of a City Lot.

All that certain lot, piece or parcel of land, with the buildings thereon erected, situate, lying and being in the Nineteenth Ward of the city of New York, bounded and described as follows-to wit: beginning at a point on the westerly side of Second Avenue, distant twenty (20) feet and five (5) inches northerly from the northerly side of Fiftieth-street, and running thence westerly through a party wall and parallel (r) with Fiftieth-street, seventy (70) feet; thence northerly and parallel with Second Avenue, twenty (20) feet; thence easterly to and through another party wall and parallel(") with

(n) This form conveys the whole lot, and the reference to the area will be controlled by the words referring to the lot. Hathaway v. Power, 6 Hill, 458.

(0) Where land is conveyed by metes and hounds, running from fixed and visible monuments, whether natural or artificial, such monuments or marks appearing upon the land must be adhered to, and will control the distances, courses and area specified. Wendell v. Jackson, 8 Wend., 188; Jackson v. Camp, 1 Cow., 605.

(p) Northerly, southward, etc., if used without qualification, are taken to mean

Brandt v.

due north, due south, etc.
Ogden, 1 Johns., 156; Jackson v. Reeves,
8 Cai., 293.

(q) The specification of the number of acres cannot control a palpable description of a larger area by monuments, courses and distances. Jackson v. McConnell, 19 Wend., 175.

(r) This word should not be inserted where there can be any mistake, unless it is material, as a line described as parallel may be so located, though it violates course and distance. Northrop v. Sumney, 27 Barb., 196.

Description of Property.

Fiftieth-street, seventy (70) feet to the westerly side of Second Avenue, and thence southerly along the said westerly side of Second Avenue, twenty (20) feet to the point or place of beginning.

725. Description by Reference to a Map.

All those lots of ground situate, lying and being in the

known and distinguished on a certain map of the property of M. N., made by O. P., city surveyor, and now on file in the office of by the numbers one hundred and seventeen (117)

and one hundred and eighteen (118).(8)

726. Description Bounding by Rivers, Highways and Other Boundaries.

All that tract of land situate, lying and being in the town of said county of and bounded and described as follows: on the east by the Ox Bow Creek,(t) on the southeast by the northwest bank of the Salmon River, (u) on the south by land, now or late of M. N.,(v) on the west by [the east side of ](w) the highway leading to P.

727. Description of Water-Lot.

All that certain water-lot, or vacant ground and soil under water, to be made land, and gained out of the North or Hudson River, and bounded, described and containing as follows: Beginning [here give metes and bounds].

It is, however, the general rule, that line, in case of a discrepancy, compare bounding the land upon a way amounts Jackson v. Camp, 1 Cow., 605; Doe v. to a covenant that such way exists. Thompson, 5 Ib., 371; Northrop v. Sum

Description of Property in Deed.

728. Description of Unpatented Land.

All that tract or parcel of land, situated [etc.], containing

one thousand

acres, be the same more or less, surveyed or intended to be surveyed, by virtue of a warrant for the same, bearing date the day of eight hundred and granted to the said A. B. as by the said warrant remaining filed in the office of will appear, subject to the payment of whatever may be due to the commonwealth for patenting the same.

729. Description of an Undivided Share.

The one undivided third part of all [etc., describing the premises as in other forms].

730. Description of an Equity of Redemption.(x)

All that certain lot, piece or parcel of land [describing it by bounds, or otherwise, as in other forms], the premises above described being subject to a certain indenture of mortgage made by M. N. to O. P. to secure payment of the sum of dollars, bearing date on the recorded in the office of the of the county of mortgages, page ], on which the sum of from the day of

is due.

day of

18 [and

in liber

of

dollars, with interest,

731. The Same; Where the Grantee Covenants to Pay the Mortgage.

day of

All that certain lot, piece or parcel of land [describing it by bounds, or otherwise, as in other forms] the premises above described, being subject to a certain indenture of mortgage made by M. N. to O. P., to secure payment of the sum of dollars, bearing date on the 18 [and recorded in the office of the of the county of in liber of mortgages, page ], on which the sum of dollars, with interest, from the is due, which said mortgage forms part of the consideration above mentioned, and which the said party of the second part hereby assumes and agrees to pay.(y)

day of

(x) A conveyance in these terms does not render the grantee personally liable for the mortgage debt. To raise such liability, there must be an agreement to pay the debt, made either with the mortgagee or holder of the mortgage, or with some person legally or equitably bound to pay it. Tillotson v. Boyd, 4 Sandf., 516; Stebbins v. Hall, 29 Barb., 524.

(y) The above form, even without the express agreement to pay the mortgage,

will render the grantee liable to indemnify his grantor against the mortgage. Thompson v. Thompson, 4 Ohio Stat., 833; Hartley v. Harrison, 24 N. Y., 172; and cases cited, Townsend v. Ward, 27 Conn., 610. If the grantor is personally liable on the mortgage, this covenant will render the grantee liable directly thereon; also for any deficiency on foreclosure. Trotter v. Hughes, 12 N. Y., 74.