4 
AMERICAN AGRICULTURIST. 
[January, 
Captain Mayne Eeid’s “Jacob’s Sheep.” 
Captain Mayne Reid’s Studies in Natural History, 
and Stories of Adventure on Western Prairies and in 
Border Warfare, have made his name widely known. 
He has recently undertaken a new role, as we learn 
from private letters, turned his sword into a 
shepherd’s crook, and pitched his tent on the pas¬ 
toral hills of historic Here¬ 
fordshire, England. Not ^ 
long ago, while travelling in 
Wales, the veteran Cap¬ 
tain’s attention was drawn 
to two peculiarly marked 
sheep. He immediaetly pur¬ 
chased the whole flock, took 
them to Herefordshire, and 
henceforth became a shep¬ 
herd, with the one idea of 
producing for himself pretty 
lawn pets in the form of 
handsome sheep. He sends 
us pictures [see accompany¬ 
ing engravings] of two of 
these pets which daily de¬ 
light the old man’s eyes. 
The rams are fine looking, 
with beautiful curving 
horns. The whole flock has 
retained its peculiar mark¬ 
ings, in the progeny of the 
original pair, while crosses 
on the black mountain ewes 
have produced specimens 
spotted like hounds. The Captain calls the 
breed “Jacob’s Sheep,” from their spotted and 
ring-streaked coverings. 
witnesses. The acknowledgement may generally 
be made before any Judge or Commissioner of a 
Court of Record, Justice of the Peace, or Notary 
Public, within the State where the land lies. Where 
land lying in another State is deeded, the acknowl¬ 
edgement is generally taken before a resident Cbm- 
missioner appointed by the Governor of the other 
State for that purpose. The recording is done by 
Law for Farmers—Farm Deeds. 
HENRY A. HAIGH, OP THE DETROIT BAR. 
The Deed is the document which holds the farm 
—the evidence of ownership. Legally defined, it 
Is “a writing under seal, delivered by the party to 
be bound, and accepted by the obligee.” “ Under 
seal ” means attaching to the deed the seals of the 
parties giving it. In Englaud (whence America ob¬ 
tained much of her law) 
this Seal was formerly of 
great importance, but now 
a simple scroll of the pen, 
or the letters L. S. placed 
after the signatures, is gen¬ 
erally sufficient. Indeed, 
since the custom of keep¬ 
ing a public record of con¬ 
veyances has come into 
vogue, the reason for the 
seal has disappeared. . A 
Deed is not confined to the 
conveyance of real estate, 
but the ordinary use of the 
term meansa writing which 
effects the conveyance of 
some real estate interest— 
amounting, at least, to 
more than a lease. In the 
American States, convey¬ 
ances of land must be wit¬ 
nessed, acknowledged and 
■recorded. [The recording 
does not make the convey¬ 
ance more positive, but if 
mot recorded, the seller, if 
■dishonest, might private¬ 
ly transfer it or mortgage 
it to another party, and this third party, by getting 
his deed or mortgage recorded, would hold the 
•property as against the unrecorded deed, at least 
until troublesome legal proceedings are taken to 
set the matter right. It is, therefore, best to have 
any deed recorded in the County Clerk’s office as 
soon as it is executed.— Ed.] It is impossible to 
give here the specific statutory requirements, for 
these vary somewhat in the different States, but it 
may be said in general that the witnessing should 
be by two persons who subscribe their names as 
Eig. 1.—ONE OF TUE ORIGINAL “JACOB’S SHEEP .”—Drawn by E. Forbes for the American Agriculturist. 
officers usually styled either Registers of Deeds or 
County Clerks, who keep sets of books for that 
purpose at the County seats. Any deed properly 
acknowledged and witnessed is entitled to be re¬ 
corded. These provisions usually apply to “con¬ 
veyances”—a term which is generally construed to 
embrace all instruments in writing by which any 
interest in real estate is created, aliened, mort¬ 
gaged, or assigned, or by which the title to any real 
estate may be affected in law or equity. Wills, 
leases for short periods, contracts for the sale of 
lands, etc., do not generally come within this mean¬ 
ing, and are therefore not generally admitted to 
record. [It is quite common, we believe, in New 
Fig. 2.— ONE OF THE SPOTTED OFFSPRING. — Drawn by E. Forbes for the American Agriculturist. 
York City, to record important contracts for the 
future sale of real estate of large value. — Ed.] A 
deed not complete in these regards would probably 
be good between the parties to it. Though not 
recorded, or even witnessed and acknowledged, it 
would be valid as against the one who gave it, but 
it might not be against other parties, as subsequent 
purchasers or mortgagees in good faith. 
There are several different kinds of deeds, but 
two—the deed of Warranty and the Quitclaim 
deed—are in most common use. By a Quitclaim 
deed, the grantor merely turns over to the pur¬ 
chaser whatever title he may have in the land con¬ 
veyed. If he has a perfect and complete title it is 
as good as any deed, and will as effectually convey 
that title. If he has an imperfect title, or only a 
6liadowy claim, or even no claim at all, it involves 
the grantor in no liability, for his undertaking in 
such a deed is only to quitclaim to his grantee 
whatever title he may have. 
The party taking such a 
deed is supposed to have in¬ 
formed himself as to what 
or how much he is receiving 
by it. The Warranty deed 
differs from the Quitclaim, 
in that besides conveying 
title to the land, it also usu¬ 
ally contains three cove¬ 
nants or personal undertak¬ 
ings on the part of the 
grantor, viz.: 1st, that he is 
well-seized of the premises 
in fee-simple, at the time of 
the sale — is the actual 
owner; 2d, that the land is 
free from all incumbrances, 
i. e., mortgages, liens or 
other claims, not specified 
in the deed; 3d, that he 
will, or his heirs, executors, 
or administrators, shall war¬ 
rant and defend the same 
against all lawful claims 
whatsoever. 
The first covenant means that the grantor has 
the right to the permanent possession of the land 
and all its appurtenances. It will not be broken 
by the existence of any claim against the land 
which does not deprive the grantee of his posses¬ 
sion of it. If no such land as that purporting to 
be sold were inexistence, or if the buildings stand¬ 
ing upon the land were found to belong to another 
with the right to remove them, the covenant would 
be broken. 
The covenant against incumbrances means that 
the premises are free from all mortgages or other 
rights, titles, dower rights, easements, judgments, 
liens, or charges of any sort, not specifically 
stated and excepted. Any 
valid claim against the 
property constitutes a 
breach of this covenant, 
and gives the grantee a 
right of action against the 
grantor. The measure of 
damages is what it will 
cost to pay the claim. Only 
nominal damages can be re¬ 
covered until actual dam¬ 
ages are suffered. The 
grantee must therefore 
raise the incumbrance, and 
the courts will then award 
him damages to that 
amount. The covenant to 
warrant and defend in a 
measure includes the oth¬ 
ers. In some States it Is 
not infrequently the only 
express covenant employ¬ 
ed. It took its origin in 
the early English feudal 
system, and was one of the 
incidents of the relation 
between the lord and his 
vassal. It was in the na¬ 
ture of a promise to the 
vassal that he should be defended in the possession 
of his land, and was given in return for the homage 
rendered by the vassal. It gave the vassal the 
right to demand another fief in case he lost his first. 
This covenant is now used to extend the personal 
liability of the grantor into the future. He agrees 
for himself, and for his heirs and administrators. 
The other covenants are generally broken at once, 
if at all, but this “runs with land," as it is termed, 
and binds the grantor and his representatives to 
defend all subsequent holders of the land. If the 
