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Tarver-Gen Reference: Understanding Deeds
Deeds, grants, and patents all follow a particular form. The exact details of
the form will vary from locale to locale, but the overall structure remains the
same. The beginning and ending of the deed tend to have the most "boilerplate" terminology. The property description is found in the middle of the deed.
The following elements will be found:
- "between Thomas Tarver and his wife "This Indenture of Sale" -- The type of legal instrument.
- between Thomas Tarver and his wife "made and entered into this 7th of December 1833" -- The date of the actual sale. It was common for people to sell land on a given date, to prove the sale
in court on a later date, and have it recorded by the clerk later still.
- "between Thomas Tarver and his wife Elizabeth . . . of the one part, and Allen Cockerham of
the county and state aforesaid" -- The names of the parties involved (the grantor and grantee). If it's
a Crown patent, the governor or other agent acting on behalf of the King will be named.
The residences of the parties and names of spouses may be given.
- "for and in consideration of the sum of fifty dollars" -- The amount of money or other property involved.
- "to them in hand paid, the receipt of which is hereby acknowledged" -- Seller acknowledges
he has been paid.
- "a certain tract or parcel of land containing fifty acres be it the same more
or less, lying in said County on Oconeehee Creek" -- Acreage & location, basic property description.
- "situated as follows to wit: beginning on the north side of sd creek . . . " -- Metes and bounds description of the property.
- "to said Allen and his heirs and assigns" -- The property
is heritable and can be sold by the buyer's legal agents.
- "do Warrant and defend the land aforesaid from the claims of themselves or
any other person or persons claiming through or by them whatever" -- The grantor
guarantees that he holds a valid title on the land being sold, and that it's free from any obligation.
- "by our hands and seals this 7th December 1833" -- The date, again.
- Signature/s of the grantor/s.
- Signature/s of witness/es.
Clerks sometimes tired of writing verbose deeds, substituting "etc." for much of the repetitive language. Notice how the standard opening line "George, defender of the faith, King of England, Ireland . . . ," from an early Virginia deed, has been abbreviated below:
"George etc. To all etc. Whereas etc. We have given, granted
and confirmed, and by these presents for us our Heirs and Successors do give and Confirm
unto . . . "
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