66-5-103 - Forms of conveyances.

66-5-103. Forms of conveyances.

The following or other equivalent forms, varied to suit the precise state of facts, are sufficient for the purposes contemplated, without further circumlocution:

     (1)  (A)  For a deed in fee with general warranty: “I hereby convey to A. B. the following tract of land (describing it), and I warrant the title against all persons whomsoever;”

          (B)  Covenants of seisin, possession, and special warranty: “I covenant that I am seized and possessed of this land, and have a right to convey it, and I warrant the title against all persons claiming under me;”

     (2)  For a quitclaim deed: “I hereby quitclaim to A. B. all my interest in the following land” (describing it);

     (3)  For a mortgage: “I hereby convey to A. B. the following land (describing it), to be void upon condition that I pay,” etc; and

     (4)  For a deed of trust: “For the purpose of securing to A. B. a note of this date, due at twelve (12) months, with interest from date (or as the case may be), I hereby convey to C. D., in trust, the following property (describing it). And if the note is not paid at maturity, I hereby authorize C. D. to sell the property herein conveyed (stating the manner, place of sale, notice, etc.), to execute a deed to the purchaser, to pay off the amount herein secured, with interest and costs, and to hold the remainder subject to my order.”

[Code 1858, § 2013; Shan., § 3680; Code 1932, § 7607; T.C.A. (orig. ed.), § 64-502.]