The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-03-02

BY J. z. GEORGE
VII

I
/ VII
If the sale Is made On a credit, and tn
seller Is unwilling to make a deed, tn,
snllqwing instrument is good one for the
This agreement between John etiIe,
and Lewis johnson, witnesseth That tn.
said Stiles has this day Contracted to. sci
to the said johnson the following lands
VIZ: South ! of section q, and all thai
part of the south ! of northwest I Of
said section 21, which lies east of Hays
Creek, all In Township IL, Range east,
In Carroll county, Mississippi, containing
1854 acres, more or less. on the following
terms, viz: the said johnson has paid IN
notes to said Stiles. dated this day, each
for $500. and due respectively on the 1st
day of January, 1872, and 1873. Now,
upon the payment of both of said notes
at maturity, the said Stiles hereby agrees
to make deed with warrant of title,
conveying good and perpect title TO said
lands In fee simple, to said johnson, and
in the meantime said johnson is to have
possession of said land. Witness my
hand this I'd day of March. 1871.
(Signed,) JOHN STILES"
And johnson should, at the same time,
make his notes for above amounts, and
dated and falling due as above, and de-
liver them to Stiles 1t will be better if,
in the notes it be specified, that they were
given 4'for the purchase of lands this day
madeof John Stiles.
When, however, decd is preferred,
and the sale is on a credit, the form there
of may be as follows:
''KNow ALL MEN BY THESE PRESENT,
that 1, John Stiles, CT Carroll county,
in the State of Mississippi, for the con-
sideration hereinafter expressed, do here
by give, grant, bargain, sell and convey
unto Lewis johnson, his heirs and as
signs, in fee simple, the following lands.
(Here describe it as in the foregoing con-
tract). This deed is for the considera-
ton of Fifteen Hundred Dollars, of
which sum five hundred dollars is this
day paid by said Lewis johnson, and he
has given to me his two notes for $500
each, both dated this day, and one due
the 1st January, 1872, and the other 1st
January, 1873. / hereby retain special
mortgage lien ON the said land for the
payment of these notes. And except,
as against this lien, hereby covenant
to warrant, and forever defend the title to
the above land, to the said Lewis John
son, his heirs and assignes, against the
claim or claims, of all persons whatsoever.
Witness my hand and seal, this 22d day
Of March, 1871.
JOHN STILES" LsEAL.
These forms will do when the title of
the seller is clear and undisputed. If
there be any doubt or dispute about the
title, .all / can say is for both parties to go
and employ each lawyer, to protect his
interests in drawing up the papers.
If the land belongs to John Stiles, it
is not necessary that his wife, if he be
blessed with one, should join in the deed
in order to release her dover. The dow |
er interest of the wife is conveyed by the |
husbands deed, where it is made in good |
faith and for a valuable consideration,
hen moving to the husband but if it be
sold in payment of a past debt, already
created and due by. the husband to the |
purchaser, the wife must execute the
Iced in order to release her DOVER And |
he dover is not conveyed when the hus-
JduQ gives LAC away, VI UudhcS Il |
fraudulent or collusive sale of it. If the /
and belong to the wife, Mary Stiles, then
he deed must be made jointly, by
rohn Stiles and Mary Stiles, his wife,
hus:
''kNOw ALL MEN BY THESE PRESENTS,
hat we, Mary Stiles, and John Stiles,
Ter husband, do by these presents, &c"
And when the land is the wife's, the
Iced, though signed, sealed and deliver
ID by her, is utterly worthless unless it be
llso acknowledged by her before the prop
n officer, and as these Acknowledgements
ire usually taken before Justices of the
Peace, and other officers, whose knowl-
sdge of the law is not as extended as it |
night be, will here give form which
ought to be literally followed
THE STATE OF MISSISSIPPI,
Carroll County.
On this, Goth day of March, A. d.
1911, before me, John Smith, a Justice
If the Peace in and for said county, per-
onally appeared John Stiles, one of the
,rantors in the foregoing deed, and he
to me that he signed, seal
d and delivered the same, on the day of
- NODO anu AOA bAAO pun POoO
toned. Also on the same day personal
y appeared before me, Mary Stiles, the
wife of said John Stiles, the other grant
r in said deed, and she being examined
y me privately, separate and apart from
Ter husband, acknowledged on such ex-
that she signed, sealed and
elived the said deed, on the day of its
late, and for the purposes therein men
toned, as her voluntary act and deed
RELY, without any fear, threats, or COM
'ulsion of her said husband. Witness
ny hand and seal the date above men,
Toned.
JOHN SMITH, j. p. L. s.
It must be remembered that the ac-
so far as the wife is con-
erned, is an essential part of the deed,
nd if not properly taken and certifsd,
he deed is nullity. have seen sever /
/ deeds of late, in which the Justice
ertifed that the wife acknowledged that
he issigned" the deed, without stating
hat she acknowledged that she ''sealed
nd delivered" it. All such are utterly
md void
TELEGRAJTS.