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THIS INDENTURE...

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(@dave-karoly)
Posts: 12001
Topic starter
 

I've seen this on a lot of old Deeds but never knew what it means:
"Indenture in its broadest sense is a term which imports a conveyance. More particularly, an indenture is a deed which has been indented, or cut, either by a waving line or a line of indenture, instar dentium, so as to fit or aptly join its counterpart, from which it is supposed to have been separated." [citations omitted] -26 C.J.S. DEEDS Section 1.

 
Posted : June 12, 2014 8:22 pm
(@kent-mcmillan)
Posts: 11419
 

In 19th and early 20th century Texas conveyancing, the phrase "this indenture" is almost invariably a clue that the instrument was drafted by an attorney in Philadelphia, New York, or somewhere else in the East.

 
Posted : June 12, 2014 8:27 pm
(@spledeus)
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> In 19th and early 20th century Texas conveyancing, the phrase "this indenture" is almost invariably a clue that the instrument was drafted by an attorney in Philadelphia, New York, or somewhere else in the East.

I think it's ok to say Yankee.

Damned Yankee may be a step too far.

 
Posted : June 13, 2014 5:02 am
(@a-harris)
Posts: 8761
 

The term "indenture" has worked its way into local descriptions defining interior 90deg offsets in property lines, as "east 125 varas to indenture corner".

An east coast educated lawyer that did own several Title Companies would insist the terminology change to "indenture corner" for some local surveyors that were fond of the term "offset corner".

She never would give a full explanation of why, just that it would be best, "usually meaning you change it or I won't accept it".

I have seen the term in a handful of original survey notes that were describing the common corners with existing properties, as "westerly to an indenture corner with the Southwest corner of the BBB & CRR Survey". The next call would be "northerly to the Southeast corner of the XYZ Survey for northerly northeast corner".

In all these cases, I believe that the term was being confused with "indent", that for me more correctly would describe all the corners along a long boundary with many small offsets.

I agree with Kent, "This indenture" is seen in some early deeds and was usually associated in a description that originated out of state in the areas that Kent is referring to.

BTW, The way I remember hearing it A Damned Yankees is a regular Yankees that come to the South to visit and for some unknown reason decides to stay.

😉

 
Posted : June 13, 2014 7:10 am
(@steven-meadows)
Posts: 151
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> > In 19th and early 20th century Texas conveyancing, the phrase "this indenture" is almost invariably a clue that the instrument was drafted by an attorney in Philadelphia, New York, or somewhere else in the East.
>
> I think it's ok to say Yankee.
>
> Damned Yankee may be a step too far.

The difference between a yankee and a damn yankee is that a damn yankee has moved to Texas.

 
Posted : June 13, 2014 7:11 am
(@steven-meadows)
Posts: 151
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>
> BTW, The way I remember hearing it A Damned Yankees is a regular Yankees that come to the South to visit and for some unknown reason decides to stay.
>
> 😉

beat me to it by 1 minute...

 
Posted : June 13, 2014 7:14 am
(@dave-karoly)
Posts: 12001
Topic starter
 

THIS INDENTURE is the almost universal opening to every Deed until 1910 or so. We have the party of the first part and the party of the second part. They grant, convey, remise, release and forever quitclaim and by these presents do hereby grant, convey, convey, remise, release and forever quitclaim unto the party of the second part. And don't forget the hereditaments, tenements, rents, issues, appurtenances, etc etc.

 
Posted : June 13, 2014 7:58 am
(@jd-juelson)
Posts: 597
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Ya'll are all Southerners!

-JD-

 
Posted : June 13, 2014 10:19 am
(@steven-meadows)
Posts: 151
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> Ya'll are all Southerners!
>
>
> -JD-

I appreciate that you spelt ya'll correctly. I don't think I could cope with those 17 hr days though. The sun has to go down sometime.

 
Posted : June 13, 2014 12:05 pm
(@stephen-johnson)
Posts: 2342
 

> > > In 19th and early 20th century Texas conveyancing, the phrase "this indenture" is almost invariably a clue that the instrument was drafted by an attorney in Philadelphia, New York, or somewhere else in the East.
> >
> > I think it's ok to say Yankee.
> >
> > Damned Yankee may be a step too far.
>
> The difference between a yankee and a damn yankee is that a damn yankee has moved to Texas.

Steve,

A damn Yankee is just visiting.

A @$^&#&%%#* Yankee has moved to Texas.

B-)

 
Posted : June 13, 2014 12:42 pm