A Treatise on the Law of Record of Title of Real and Personal Property: With Appendix Giving the Statutory Provisions of the Several States Relating Thereto, and Approved Forms for Ackowledgements in Each State

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Gilbert Book Company, 1890 - Acknowledgments (Law) - 752 pages
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Contents

Conveyances of the Legal Title
76
When and of What Certificate Conclusive 8790
87
General Principles
88
Theory and Distinctive Features of the Law 98102
98
99100 Distinctive Features and Modern Changes
99
Early and Later Tbeories of the
101
The Statutory Requisites 104 105 The Separate Examination
104
Explanation of the Deed
106
The Voluntary Execution
108
The Wish Not to Retract
110
Matters Relating to the Certificate 111115
111
Joint Certificates
112
Identity of the Wife
113
Community Property
114
Relinquishment of Dower
115
Deed with BlanksWifes Power of Attorney
116
Wife Acting as Feme Sole
118
Reacknowledgment and Ratification
119
Validating Deeds of Married Women
120
Impeachment of the Certificate
121
Statutory Features 122 Proof Without Aid of Statute
122
General Features of the Statutes
123
Of the Allowance of Time for Record 131133
131
Statutory Time of Record
132
Records in the General Land Offices
135
137139 Record of Mortgage in Book of Deeds
137
Filing and Withdrawing
141
Indexing
142
Delivery of the Deed
144
Witnesses Necessary to Record when
145
Sealing and Signing
146
Description of the Property
147
Recording Officers
148
Schedules Memoranda
149
Statutory Provisions
150
Payment of Recording Fees
151
Constructive Notice by the Record 152157
152
Definitions and Limitations
153
Purchaser Under Record Title Without Notice Protected
154
And May Convey to One Having Actual
155
In Conveyances of Same Date
168
Priority in the Record of Liens
169
Priority in Record of Mortgages
170
Purchase Money Mortgages
172
Reinscription and Assignment of Mortgages
173
Cancellation and Discharge of Mortgages
175
Extent to which Record is Notice 176191
176
Record as Notice of Matter of
177
Recitals as Charging Notice
178
Imperfect and Ambiguous Recitals
180
Recital to Other Instruments and to Mat ters of Fact
181
Quitclaim Deed as Charging Notice
183
Witnesses of Grantors Selection 126 Proof by One when Statute Requires
196
What is Valuable Consideration 204208
204
Part Payment and Antecedent Debt
206
Extension of Time and the Like
208
Mortgagee a Purchaser
209
Trustee a Purchaser when
210
Assignee for Benefit of Creditors Not a Purchaser
211
Purchaser at Execution Sale Protected
212
Purchaser at Bankrupt Sale Not Protected
213
Purchaser of Same Property from Same Grantor
214
Origin and Extent of the Equitable Doctrine 215222
215
Exceptions to the Rule
217
The Several Kinds and Degrees of Actual
219
Constructive and Implied Notice
221
Statutory Distinctions as to Actual Notice
222
24 Sources of Information 225 Vague Statements and Rumors
225
Inquiry to be Prosecuted
226
Presumption of Notice Rebuttable
227
Exceptions to the Rule
229
Grantor Remaining in Possession
230
Possession Referred to Recorded Title
232
Possession to be Open Notorious and Actual
233
Joint PossessionTenants in Common
235
Possession Must be Existing and Con tinuous
237
Notice to Agent is Notice to Principal 238244
238
Scope of the RulePartners
239
Character of the Agency
240
Notice in Same Transaction
241
Notice to an Agent for Both Parties
242
Where Agent is Guilty of Fraud
243
Notice to Officers and Agents of Corporations
244
When Record Title Does Not Protect
246
Break in the Record Title 158161
249
Actual Notice as Supplying the
252
Record of Mortgage Before that of Deed to Mortgagor
253
Exceptions Created by Estoppel
254
Limitations of Rule that Record is Notice 162164
256
Grantor
257
Not Notice to Prior Parties
258
Subsequent Matters
307
CREDITORS AND SUBSEQUENT PURCHASERS 1 Creditors at Common Law and Under the Statutes 192196 192 Rights of Creditors at Common ...
312
Creditors Under the Statutes
314
Notice to Creditors and Purchasers 197200
321
Purchaser Under the Recording Acts 201203
333
Conveyances and Mortgages of Vessels 275 276
439
Conveyances of Equitable Title
586
Disqualifications of Witness
616
TABLE OF Cases
674
128 129
707
INDEX
747
Matters Affecting the Certificate 128 The Affidavit and Certainty Required 129 Other Statutory Matters 4 Proof of Handwriting 130
768

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Common terms and phrases

Popular passages

Page 460 - Every conveyance of real property, other than a lease for a term not exceeding one year, is void as against any subsequent purchaser or mortgagee of the same property, or any part thereof, in good faith and for a valuable consideration, whose conveyance is first duly recorded...
Page 571 - ... acknowledged to me that they executed the same freely and voluntarily, and for the uses and purposes therein mentioned.
Page 558 - ... every such conveyance not so recorded shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real estate or any portion thereof whose conveyance shall be first duly recorded.
Page 665 - ... a certificate of the clerk or other proper certifying officer of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certificate of acknowledgment was at the date thereof such officer as he is therein represented to be, and that he believes the signature of such person- reb.2o, 1891,51. subscribed thereto to be genuine, and that the deed is executed and acknowledged according to the...
Page 18 - September be made and executed shall be adjudged fraudulent and void () against any subsequent purchaser or mortgagee for valuable consideration, unless such memorial thereof be registered as by this Act is directed before the registering of the memorial of the deed or conveyance under which such subsequent purchaser or mortgagee shall claim...
Page 452 - THE STATE OF TEXAS COUNTY OF BEFORE ME, the undersigned authority, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed.
Page 492 - On this - day of - , in the year - , before me [here insert the name and quality of the officer], personally appeared — — , known to me [or proved to me on the oath of - ] to be the president [or the secretary] of the corporation that executed the within instrument, and acknowledged to me that such corporation executed the same.
Page 439 - That no bill of sale, mortgage, hypothecation, or conveyance of any vessel, or part of any vessel of the United States, shall be valid against any person other than the grantor or mortgagor, his heirs and devisees, and persons having actual notice thereof; unless such bill of sale, mortgage, hypothecation, or conveyance, be recorded in the office of the Collector of the customs where such vessel is registered or enrolled...
Page 579 - ... being by me privately examined, separate and apart from her said husband, touching her voluntary execution of the same, doth state that she signed the same, freely and voluntarily, without fear or compulsion of her said husband or any other person, and that she doth still voluntarily assent thereto.
Page 485 - Mor t (cages not recorded within the time required remain valid as against the mortgagor, but are postponed to all other liens created or obtained, or purchases made, prior to the actual record of the mortgage.

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