Deeds
Description
This section is from the book "Business Law - Case Method", by William Kixmiller, William H. Spencer. See also: Business Law: Text and Cases.
Deeds
As every deed is a contract, the rules affecting the validity of contracts apply to deeds. A greater formality, however, attends its execution. It must be in writing, signed by the grantor or his duly authorized agent, and either sealed or the signature witnessed. In some States both seal and witnesses are required. As between the parties a deed signed and sealed or witnessed is valid, but to entitle it to be recorded, and thus give it priority over deeds to the same property not recorded, a deed must be duly acknowledged.
Seals and Witnesses to Deeds. The law in regard to the use of a private seal and witnesses in the case or the execution of instruments in writing is not uniform in the several States. In a general way it may be stated that a seal is still necessary in the Eastern States, but has been abolished in the Western States by statute.
In like manner, witnesses are necessary in some States and unnecessary in other States. Generally where an instrument has to be signed, sealed and acknowledged before a public official, witnesses are not necessary. The statutes should be consulted in each case. In some states the certificate of acknowledgment must show the date of the expiration of the commission of the official taking the acknowledgment, and his signature should be followed by the words "My commission expires (give date)."
The requirements of the several states are as follows:
STATE | (1) SEAL | (2) WITNESSES |
Alabama | Not Necessary | Not if acknowledged |
Arizona | Not Necessary, only corporation | Not if acknowledged |
Arkansas | Not Necessary | Necessary |
California | Not Necessary | Not Necessary |
Colorado | Not Necessary | If acknowledged |
Connecticut | Necessary | Necessary |
Delaware | Scroll Sufficient | Necessary |
District of Columbia | Necessary | Customary |
Florida | Scroll | Necessary |
Georgia | Necessary | Necessary |
Idaho | Not Necessary, only corporation | Necessary |
Illinois | Necessary | Not Required |
Indiana | Necessary | Not Necessary |
Iowa | Not Necessary, only corporation | Not Required |
Kansas | Not Necessary, only corporation | Not Necessary |
Kentucky | Not Necessary | For deeds only |
Louisiana | Not Necessary | Necessary |
Maine | Necessary | For deeds only |
Maryland | Necessary | Necessary |
Massachusetts | Necessary | One for execution only |
STATE | SEAL | WITNESSES |
Michigan | Scroll Sufficient | Required |
Minnesota | Not Necessary, only corporation | Necessary |
Mississippi | Not Necessary, only corporation | Not if acknowledged |
Missouri | Not Necessary, only corporation | Not Required |
Montana | Not Necessary | Not Necessary |
Nebraska | Not Necessary, only corporation | Required |
Nevada | Necessary | Required |
New Hampshire | Necessary | Necessary |
New Jersey | Scroll Sufficient | Not Required |
New Mexico | Not Necessary, only corporation | Not Required |
New York | Any Substitute sufficient | Not if acknowledged |
North Carolina | Required | Not if acknowledged |
North Dakota | Not Required | Not if acknowledged |
Ohio | Not Necessary, only corporation | Required |
Oklahoma | Not Necessary, only corporation | Not Necessary |
Oregon | Necessary | Necessary |
Pennsylvania | Scroll Sufficient | Not if acknowledged |
Rhode Island | Not Required | Not Required |
South Carolina | Required | Required |
South Dakota | Not Necessary | Not if acknowledged |
Tennessee | Not Necessary, only corporation | Not if acknowledged |
Texas | Not Necessary, only corporation | Not if acknowledged |
Utah | Not Necessary, only corporation | Not if acknowledged |
Vermont | Required | Required |
Virginia | Scroll Sufficient | Not if acknowledged |
Washington | Not Required | Not Necessary |
West Virginia | Scroll Sufficient | To prove deed only |
Wisconsin | Scroll Sufficient | Required |
Wyoming | Not Necessary, only corporation | Required |
(3) Warranty Deed - Statutory Form
THE GRANTOR, John Doe of the City of Chicago, in the County of Cook, and State of Illinois, in consideration of the sum of Two Hundred dollars, in hand paid, conveys and warrants to Richard Roe of the City of Chicago, County of Cook, and State of Illinois, the following described Real Estate, to-wit: Lot one, in Block two of Section one, Township two, North, Range three, East of Third Principal Meridan, situated in the City of Chicago, in the County of Cook and State of Illinois, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State of Illinois.
DATED, This 20th day of June, A. D. 1915.
________ JOHN DOE (Seal)
Continue to:
My Books
