[APG Public List] Re: Land Indenture Language

DonnDevine at aol.com DonnDevine at aol.com
Tue Feb 9 23:06:25 MST 2010


Elissa's advice is sound--the full original needs to be consulted.
 
What was quoted is obviously an extract, because the operative words 
necessary to give the document legal effect as a deed--usually "bargain and sell, 
grant and convey"--are missing. Without those "magic words" all that remains 
is a description of the parties and the land they are interested in. With 
those words, the document would operate as an effective enfeoffment of the 
grantee, granting to him by written instrument seisin of the described fee to 
the same extent as if livery of seisin had taken place on the property 
before witnesses.
 
The conveyancing of real property, right up to the 20th Century, remained a 
virtual museum for preservation of the antiquities of the Common Law, as 
occasionally modified by statute over eight centuries. Sadly or gladly, 
depending on your point of view, modern real estate practice has abandoned them, 
since it can achieve the same effect by using simpler statutorily prescribed 
forms, without all the ancient formulas.
 
Donn
 
Donn Devine, CG, CGL
Wilmington DE 

CG, Certified Genealogist, CGL, and Certified Genealogical Lecturer are 
service marks of the Board for Certification of Genealogists, used under 
license by board certificants after periodic evaluation, and the board name is 
registered in the US Patent & Trademark Office.
 
------------------
 
Donna asked:
 
> State of Georgia, County of Wilkes. Indenture dated 12 October1871 
> between Branson Thomas of Heard County, of the first part, and Samuel 
> Smith of the State of Alabama, County of Randolph, of the second part, 
> for and in consideration of the sum of $600: 95 acres, the east side 
> of lot #189 in the 12th District of originally Carroll now Heard County.
>
> Please tell me which is the seller of this land----the party of the 
> first part (Branson Thomas) or the party of the second part (Samuel 
> Smith)?
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