Sec.1.  In whatever manner a person acquires possession of real estate, whether by devise, descent, purchase, or gift, evidence of possession consists, usually, in a deed, which is a written instrument conveying real estate to an heir, a purchaser, or a donee.  A deed of land sold, contains the names of the seller and the purchaser, the consideration, or sum paid for it, and a description of it; and in express words grants and conveys all the interest of the seller or grantor to the purchaser and his heirs forever:  and the seller affixes his name and seal to the instrument, usually in the presence of one or more subscribing witnesses.

Sec.2.  But a deed thus executed does not give to the purchaser sure possession of the land, until it has been duly recorded in the office of the proper recording officer of the county in which the land lies; or in the office of the town clerk, in those states in which conveyances are required to be there recorded.  If the land should be conveyed by the seller to a subsequent purchaser who should get his deed first on record, such purchaser would hold the land, unless, before purchasing, he had had notice of a sale and deed to a prior purchaser.

Sec.3.  In some states, a reasonable time is allowed a purchaser to get his deed recorded before he loses his right of possession by the earlier recording of another’s deed.  In some other states, the time is fixed by law, and varies in these different states from fifteen days to two years.  But a deed, though not recorded in season to secure the title against a second purchaser, or though not recorded at all, is good against the sellor or grantor; and the dispossessed purchaser has a lawful claim against him for the value of the land.

Sec.4.  A recorder or register may not record a conveyance of land without proof that it was executed by the person named in it as the maker or grantor.  This proof consists, usually, in a certificate of a proper officer, on the back or margin of the deed, stating that the person so named appeared before him, and, being duly sworn, acknowledged that he was the person who had executed the deed.  In every state, judges of courts and justices of the peace, mayors of cities and aldermen, notaries public, or some of these officers, and commissioners of deeds appointed for that special purpose may take acknowledgments.  In New York and a few other states, the acknowledgment may be dispensed with, and the execution of the deed may be proved by the subscribing witnesses.  Deeds duly acknowledged, are, with the acknowledgments, copied by the recorder, word for word, in books provided for that purpose.

Sec.5.  As a person can not give a good title unless he has one himself, the seller or grantor covenants and agrees that he is seized of the premises in fee-simple, (meaning that he is the absolute owner,) and that he will warrant and defend the premises in the quiet and peaceable possession of the purchaser and his heirs forever.  Hence such deed is called a warranty deed, [For definition of fee and fee-simple, see Chap.  LIII, Sec.1.] A quit-claim deed merely conveys the interest or claim of the grantor.  It contains no warranty of title against any other claimant.