s proof that the title is good as
warranted, and therefore you have no claim against me." If, on the
other hand, A had won his case B would then have a good cause of
action against his covenantor.
Another kind of deed used in selling land is called an indenture. This
is signed by all the parties, and copies are usually made and
delivered to all of them. This deed also contains warrants or
covenants like the one first described.
Another kind of deed is called a release or quit-claim. By this the
grantor or party giving it conveys whatever interest he may have in
the land. It is the deed always given by a mortgagee on the payment or
discharge of his mortgage. It contains no warrants to do anything and
therefore differs from a deed of warranty. Sometimes a person conveys
a piece of land knowing that the title is defective which the
purchaser, notwithstanding the defect, is willing to buy. The seller
may safely give a quit-claim deed for he thereby sells only whatever
interest he may have.
All the deeds above mentioned except an indenture, are signed only by
the selling or granting party. They become effective by delivery. They
are often called poll deeds.
Every grantor must append to his name a seal. Once a seal was of the
utmost importance in the days of ignorance when persons knew not how
to write and each person had a seal of his own. As distinctive seals
have long since disappeared, seals have less significance than
formerly, nevertheless many legal rules are founded on the distinction
between sealed and unsealed instruments. Thus two written contracts
may be exact duplicates except that one of them may have no seal. The
law in most states regards the unsealed one as a mere oral or
unwritten contract, to which are applied the same rules of evidence.
The use of L.S., enclosed in brackets, thus [L.S.] is just as
effective as a seal of wax or a wafer. In many states a corporation
need not use its corporate seal, any other may be substituted. The
federal rule especially requires the use of the corporate seal and
that it be affixed by someone who was properly authorized to do this.
By statute the names of two witnesses are required, and when omitted
the deed is not only defective, but in some states at least is void. A
witness need not write his name in the grantor's presence, if asked to
sign in the proper place as a witness this will suffice.
A lease of land is also a deed differing from those mentioned in
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