« AnteriorContinuar »
and by her husband, and certified in the manner hereinafter provided, by the proper officer taking the acknowledgment.
SEC. 20. Any officer authorized by this act to take the proof or acknowledgment of any conveyance whereby any real estate is conveyed or may be affected, may take and certify the acknowledgment of a married woman to such conveyance of real estate.
SEC. 21. No such acknowledgment shall be taken unless such married woman shall be personally known to the officer taking the same to be the person whose name is subscribed to such conveyance as a party thereto, or shall be proved to be such by a credible witness, nor unless such married woman shall be made acquainted with the contents of such conveyance, and shall acknowledge, on examination apart from and without the hearing of her husband, and that she does not wish to retract the execution of the same.
SEC. 22. The certificate shall be in the form heretofore given, and shall set forth that such married woman was personally known to the officer granting the same to be the person whose name is subscribed to such conveyance as a party thereto, or was proved to be such by a credible witness, whose name shall be inserted in the certificate, and that she was made acquainted with the contents of such conveyance, and acknowledged on examination, apart from and without the hearing of her husband, that she executed the same freely and voluntarily, without fear or compulsion, or under influence of her husband, and that she does not wish to retract the execution of the same. Every certificate which substantially conforms to the requirements of this act shall be valid.
SEC. 23. Every conveyance of real estate, and every instrument of writing setting forth an agreement to convey any real estate, may be effected, proved, acknowledged, and certified in the manner prescribed in this act to operate as notice to third persons, shall be recorded in the office of the recorder of the county in which such real estate is situated, but shall be valid and binding between the parties thereto without such record.
SEC 24. Every such conveyance and instrument in writing, acknowledged or proved and cert.fied, and recorded in the manner prescribed in this act, from the time of filing the same with the recorder for record shall impart notice to all persons of the contents thereof, and subsequent purchasers and mortgagees shall be deemed to purchase and take with notice.
SEC. 25. Every conveyance of real estate within this Territory hereafter made which shall not be recorded as provided for in this act, shall be deemed void as against any subsequent purchaser in good faith, and for a valuable consideration of the same real estate, or any portion thereof, where his own conveyance shall be first duly recorded.
SEC. 26. Every power of attorney, or other instrument in writing, containing the power to convey any real estate as agent or attorney for the owner thereof, or to execute as agent or attorney for another any conveyance whereby any real estate is conveyed or may be affected, shall be acknowledged or proved, and certified and recorded as other conveyances whereby any real estate is conveyed or affected, are required to be acknowledged or proved and certified and recorded.
SEC. 27. No such power of attorney, or other instrument, certified and recorded in the manner prescribed in the preceding section, shall be deemed to be revoked by any act of the party by whom it was executed until the instrument containing such revocation shall be deposited for record in the same office in which the instrument containing the power is recorded.
SEC. 28. Every conveyance, or other instrument conveying or affecting real estate, which shall be acknowledged or proved and certified as hereinafter prescribed, may, together with the certifi cate of acknowledgment or proof, be read in evidence without further proof.
SEC. 29. When any such conveyance or instrument is acknowledged or proved, certified and recorded in the manner hereinafter prescribed, and it shall be shown to the court that such conveyance or instrument is lost, or not within the power of the party wishing to use the same, the record thereof, or the transcript of such record, certified by the recorder under the seal of his office, may be read in evidence without further proof.
SEC. 30. Neither the certificate of the acknowledgment nor of the proof of any such conveyance or instrument, nor the record, nor the transcript of the record of such conveyance or instrument shall be conclusive, but the same may be rebutted.
SEC. 31. If the party contesting the proof of any such conveyance or instrument shall make it appear that any such proof was taken upon the oath by an incompetent witness, neither such
conveyance or instrument nor the record thereof shall be received on evidence until established by other competent proof.
SEC. 32. If any person convey any real estate by conveyance purporting to convey the same in fee simple absolute, and shall not at the time of such conveyance have the legal estate in such real estate, but shall afterwards acquire the same, the legal estate subsequently acquired shall immediately pass to the grantee, and such conveyance shall be valid as if such legal estate had been in the grantor at the time of the conveyance.
SEC. 33. Any person claiming the title to any real estate may, notwithstanding there may be an advised possession thereof, sell and convey his interest therein in the manner and with the same effect as if he was in usual possession of the same.
SEC. 31. The term real estate as used in this act shall be construed as co-extensive in meaning with lands, tenements, hereditaments, and possessory titles to public lands in this Territory.
SEC. 35. The term "conveyance conveyance" as used in this act shall be construed to embrace every instrument in writing by which any real estate or interest in real estate is created, alienated, mortgaged, or assigned, except wills, leases for a term not exceeding one year, and executory contracts for the sale or purchase of lands.
SEC. 36. Any mortgage that has been or may be hereafter recorded, may be discharged by an entry in the margin of the record thereof, signed by the mortgagee or his personal representative or assignee, acknowledging the satisfaction of the mortgage in the presence of the recorder or his deputy, who shall subscribe the same as a witness. Such entry shall have the same effect as a deed of release duly acknowledged and recorded.
SEC. 37. Any mortgage shall also be discharged upon the record thereof by the recorder in whose custody it shall be whenever there shall be presented to him a certificate executed by the mortgagee, his personal representative or assignee, acknowledged or proved and certified as herein before prescribed to entitle a conveyance to be recorded, specifying that such mortgage has been paid or otherwise satisfied or discharged.
SEC. 38. Every such certificate, and the proof and acknowledgment thereof, shall be recorded at full length, and a reference shall be made to the book containing such record in the minutes of the
discharge of such mortgage made by the recorder upon the margin of the record thereof.
SEC. 39. Any mortgagee, or his personal representative, or assignee, as the case may be, after the full performance of the conditions of the mortgage, whether before or after a breach thereof, who shall for the space of seven days after being thereto requested refuse or neglect to execute and acknowledge a certificate of discharge or release thereto, shall be liable to the mortgageor, his heirs or assigns, in the sum of one hundred dollars, and also for all actual damages occasioned by such neglect or refusal.
SEC. 40. All conveyances of real estate heretofore made and acknowledged or proved according to the laws in force at the time of such making and acknowledgment of proof, shall have the same force as evidence, and be recorded in the same manner and with the like effect as conveyances executed and acknowledged in pursuance of this act.
SEC. 41. The legality of the execution, acknowledgment, proof from, or record of any conveyance or other instrument heretofore made, executed, acknowledged, proved or recorded, shall not be affected by anything contained in this act, but shall depend for its validity or legality upon the laws then existing and in force.
SEC. 42. Every interest in real estate granted of devised to two or persons, other than executors or trustees, as such shall be a tenancy in common, unless expressly declared in the grant or devise to be otherwise.
SEC. 43. The term "heirs," or other words of inheritance shall not be necessary to create or convey an estate in fee simple, and every conveyance of any real estate hereafter executed shall pass all the estate of the grantor unless the intent to pass a less estate shall appear by express terms or be necessarily implied in the terms of the grant.
SEC. 44. When a remainder in land or tenements, goods or chattels, shall be limited by deed or otherwise, to take effect on the death of any person without heir or heirs of his or her body, or without issue, the word "heirs" or "issue" shall be construed to mean heirs or issue living at the death of the person named as
SEC. 45. A future estate depending on the contingency of the death of any person without heirs or issue or children, shall be
defeated by the birth of a posthumous child of such person capable of taking a descent.
SEC. 46. When an estate shall by any conveyance be limited in remainder to the son or daughter or issue, or to the use of the son or daughter or issue, to be begotten, such son or daughter or issue born after the decease of his or her father, shall take the estate in the same proportion and in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been created or conveyed to support the contingent remainder after his death.
SEC. 47. Grants of rents, or of reversions or remainders, shall be good and effectual without attornment of the tenants, but no tenant who before the notice of the grant shall have paid rent to the grantor shall suffer any damage thereby.
SEC. 48. The attornment of a tenant to a stranger shall be void unless it be with the consent of the landlord of such tenement or in pursuance to or in consequence of a judgment or decree of some court of competent jurisdiction.
SEC. 49. Lineal or collateral warranters with all their incidents are abolished, but the heirs and devises of every person who shall have made any covenant or agreement in reference of the title of, in, or to any real estate, shall be answerable upon such covenant or agreement, to the extent of the land descended or devised to them in the case, and in the manner prescribed by law.
SEC. 50. The words "grant," "bargain," and "sell," in all conveyances hereafter made, in and by which any estate or inheritance, possessory title or fee simple, is to be passed, shall, unless restrained by express terms contained in such conveyance, be construed to be the following express covenants, and none other on the part of the grantor, for himself, his heirs and assigns, to the grantee, his heirs and assigns: Fist, That previous to the time of the execution of such conveyance the grantor has not conveyed the same real estate, or any right, title or interest therein, to any person other than the grantee. Second, That such real estate is at the time of the execution of such conveyance free from encumbrances, done, made or suffered by the grantor or any person claiming under him; and such covenant may be sued upon in the same manner as if they had been expressly interested in the conveyance.
SEC. 51. All instruments of writing mentioned in this act, now