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Deeds Bonds Records


DEEDS BONDS RECORDS. Deeds. The term "deed" is applicable to all contracts under seal, but it is now most frequently used in a limited sense to denote an instrument for the conveyance or incurnbrance of real estate. Its execu tion consists in its being "signed, sealed and delivered," and is then conclusive between the parties. Its form and requisites will be fully discussed under the subject "Real Property" in a subseqeunt number of the Home Law School Series.

2. Bonds. A bond is an instrument under seal ac knowledging the existence of a debt. It differs from a "covenant" in that the latter is always an executory contract for something future, though each is called a "writing obligatory." 3. Records. Specialties of record are obligations of indebtedness evidenced by judicial records. The rec ords form the highest evidence, and the only question that can be controverted is, whether the record exists. So specialties of record are the highest kind of special ties. They are of two kinds: Recognizances, and judg mcnts or decrees. A recognizance is an acknowledg ment of indebtedness made before a court or author ized officer, with a condition making it void on the happening of certain things mentioned in it, and the whole forming part of the record of the case. A judg ment or decree is the final decision of a court upon a matter submitted to it, and being entered of record forms the highest kind of a specialty, as its terms admit of no dispute, but are proved by the production of the record. It merges the previous rights, and gives the judgment creditor convenient remedies not before his, as the right to issue execution, the creation of a lien, and the like. (Anson on Cont. p. 45.)

record and court