« ForrigeFortsett »
city of , aforesaid, which has been and is also the usual place of meeting of said trustees, to take into consideration the expediency of said disincorporation; and that at said meeting, at the time and place aforesaid, there was present and represented, more than two-thirds of the capital stock of said company; and that said stockholders resolved then and there, unanimously, that said company should be immediately dissolved and disincorporated, which said resolution was, by a vote of more than two-thirds of all the stockholders of said company: That other necessary preliminary steps hereto have been taken, and that all valid claims against the corporation have been discharged. Dated
D. E., President.
E. G., Secretary. Notice of Publication. County Court in and for the County of , State of : Matter of the Disincorporation of the Corporate Company, “The
North-West Ice Company.”
Notice is hereby given, that, on the day of A. D. , at the court-room of the county court of the city of
, and county of , in said city, at o'clock of that day, will be heard the application and petition of the officers and stockholders of corporate company, “The North-West Ice Company” (said petition being now on file in the office of the clerk of said court).
The object of said application and petition is to dissolve and disincorporate said company according to law.
A. B., Clerk. By C. D., Deputy.
being nompany, Petition of ,OCHOCof
Dacorporate of said on
Order of Disincorporation. County Court in and for the City of and County of
, State of
Corporate Company, “The North-West
The petition of the officers and stockholders of the corporate company, “ The North-West Ice Company” to dissolve and disincorporate said company, coming on to be heard ; and due proof being made of the publication of the notice of said petition, and of the time of the hearing thereof, on motion of A. B., counsel for said petitioners, it is ordered, That the corporate company known by the name of “ The North-West Ice Company” be and the same is hereby dissolved and disincorporated. day of A. D.
R. T., County Judge.
A DEED is a written instrument containing some contract or agreement sealed and delivered: but in the general use of the term, it signifies a conveyance or transfer of land, or of some interest in land.
A conveyance of land or of any estate therein, may be made by deed, signed and sealed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawyer or attorney, and duly acknowledged, or proved and recorded.
The estate of infants, idiots, persons of unsound mind, and incompetent persons, can only be conveyed by their guardians, under certain regulations and restrictions provided by law.
A married woman may convey her real estate by joint deed with her husband, provided the same be properly acknowledged.' And when her husband is not, and for a year preceding the conveyance has not been bona fide residing in this state, she may convey her real estate as fully and perfectly as if she were single, upon acknowledgment before the district judge of the county where the land lies, and the certificate of the judge made upon the testimony of two credible disinterested witnesses to the fact.”
Males are deemed of full and legal age at twenty-one years, and females at eighteen, or at any age under eighteen, when, with the consent of the parent, guardian or other person under whose care or government they may be, they shall have been lawfully married ;—and at those ages respectively are competent to convey real estate, make contracts and do all other acts and things, that persons of full age may legally do.
I W. D. arts. 839 and 856-360. See chapter on ACKNOWLEDGMENTS and on HIUSBAND AND WIFE.
2 W. D. art. 2680.
id. 2811; Laws 1858, p. 108.
A deed should be founded on a sufficient consideration, and executed by persons able to contract and be contracted with; the subject matter must be set forth in sufficient words to describe the agreement, and bind the parties; and it should be read by or to the grantor, previous to the execution, unless the reading is expressly waived. The consideration of a deed may be either good or valuable; it must not partake of any thing immoral, illegal, or fraudulent. Every deed, or contract, is void, when made for any fraudulent purpose, or in violation of law. A good consideration is founded upon natural love and affection between near relations by blood; a valuable consideration is founded on something deemed valuable, as money, goods, services, or marriage. An equitable liability is sufficient to uphold an express covenant or promise.
Where the consideration is expressed in a deed, any averment to the contrary cannot be made, although it may be inquired into, for all purposes, except to impeach the deed as between the parties; nor will the validity of a deed depend on the amount of the consideration.
In the construction of every instrument granting or conveying, or anthorizing the creation or conveyance of, any estate or interest in lands, it is the duty of courts of justice to carry into effect the intent of the parties, so far as such intent can be collected from the whole instrument, and is consistent with the rules of law. Material erasures or interlineations in a deed, should always be noted before the execution.'
When a deed is executed by an attorney, for several principals, one seal is sufficient, provided it appear that the seal affixed was intended to be adopted as the seal of all.' The attorney should sign the name of the principal by himself, writing his own name under that of the principal, with the words, “By his attorney in fact.” See accompanying Forms.
The rule in relation to the description of premises conveyed by metes and bounds is, that known and fixed monuments control courses and distances; and the certainty of metes and bounds will include all the lands within them, though they vary from the quantity expressed in the deed. Where natural and
i Wood's Dig. art. 1180.
fixed objects are wanting, and the course and distance cannot be reconciled, the one or the other may be preferred, according to circumstances.
Where land is conveyed by metes and bounds, if the description contains positive language as to quantity, it is to be regarded as descriptive only, and not as a covenant of quantity.'
In drawing deeds for exchange of lands, or amicable partition, the true and actual consideration, or the value thereof, should be expressed, so that in the event of eviction, or failure of title of either portion, the amount of the recovery by the losing party, if he is entitled to recover for his loss, may be fixed.
A deed will not take effect, so as to vest the estate or interest intended to be conveyed, except from the time of its delivery. Almost any act of the party executing a deed, importing an intention to deliver it, will be sufficient; or it may be delivered as an escrow, on conditions, and will take effect, on the performance of such conditions, from the time of the delivery."
No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust, or power, over or concerning lands, or in any manner relating thereto, can be created, granteil, assigned, surrendered, or declared, unless by act or operation of law, or by deed, or conveyance in writing, subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing.'
This section cannot be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor to prevent any trust from arising or being extinguished by implication or operation of law.
By the statute of California the term “heirs,” or other words of inheritance, are not necessary to create or convey an estate in fee simple; and every conveyance of real estate passes all the estate of the grantor, unless the intent to pass a less estate shall appear by express terms, or be necessarily implied in the terms of the grant. The words “grant, bargain and sell,” unless restrained by express terms, contained in the conveyance, are construed to be the following express covenants and none other, on
1 Stanley v. Green. Jannary Term, 1859.
• id. 895.
the part of the grantor for himself, his heirs and assigns, and may be sued on as such.
1. That previous to the time of the execution of such conveyance, the grantor has not conveyed the same real estate, or any right, title or interest therein, to any person other than the grantee. 2. That such real estate is at the time of the execution of such conveyance, free from incumbrances done, made or suffered by the grantor, or any person claiming under him.
It is not necessary that the grantor should be in possession, but even if the land is held adversely he may sell and convey his interest therein."
If conveyance be made in fee simple absolute, and the grantor have not the legal estate, but should afterward acquire the same, the legal estate subsequently acquired passes immediately to the grantee, and the deed is as valid as if such legal estate had been in the grantor, at the time of the conveyance.
Contracts for the sale of lands or any interest therein, or for leasing for over a year, are void unless the contract or some note or memorandum thereof, expressing the consideration be in writing and subscribed by the party making the lease or sale, or by his lawfully authorized agent.
Under the Mexican law and the customs of California, where land was conveyed by deed, it was requisite that the writing should contain at least the names of the parties, the thing sold, the date of the transfer and the price paid.
Deeds of gift, where no valuable consideration passes, may be made, and when made understandingly and without fraud, will be held good. A gift of personal property may be made without deed, but to avoid doubt, a writing is generally passed. To make a deed of gift complete and valid, the property must be delivered. The gift is then executed, and is binding.
Gifts causa mortis are gifts made in contemplation of death; which take effect if the death occurs, provided the property is not needed for the payment of the debts of the deceased.
All gifts are void, which are made to hinder, delay and defraud