$422. Effect of Record. Conveyances of real estate are not valid except as to the parties interested until deposited for registry in the office of the clerk of the probate court of the county where the real estate is situated. After registration they give notice of the time of being registered to all persons mentioned therein, and all purchasers and mortgagees are considered as having purchased under such notice. A certified copy of a recorded instrument, where the original is lost or cannot be produced, may be given in evidence without proof of execution. Abstracts of title certified as correct by an abstract company of the territory are prima facie evidence like the record.2 1 Comp. Laws N. Mex., 1884, §§429, 2761-2; Laws 1886-7, pp. 26, 27; Gen. Laws 1880, ch. 44, §§14-16; Moore v. Davey, 1 N. Mex. 303; Armijo v. Armijo, 13 Pac. Repr. 92. 2 Comp. Laws, §§2768, 2744. A revocation of a recorded power of attorney must also be registered. §2766. Seals are required, but a scroll will answer for a seal. Mortgages are recorded the same as deeds, but in separate books, there being no other separate statutory provisions in this respect. The probate clerk is subject to a fine of $100 for failure to enter the instrument of record immediately on its receipt. §423. Acknowledgment may be made within the territory before any judge, justice of the peace, notary public having a seal, or a clerk of a court having a seal. Without the territory and within the United States, before any court of the United States, or any state or territory having a seal, or the clerk thereof, the genuine signature and official character of such judge being certified to under seal of his court by the clerk thereof, or before a commissioner of deeds for New Mexico. In foreign countries before any court of any state, kingdom or empire having a seal, or judge of any court of record, magistrate or supreme power of any city, notary public, consul or vice-consul of the United States, each of said officers to have a seal. All persons taking foreign acknowl edgment must have their identity certified in the usual manner for establishing the identity of a foreign official.1 Comp. Laws, $$2740-2754. When the officer does not personally know the person acknowledging, the identity may be established by at least two reliable witnesses, which fact the certificate must show. $2754. Where corporations have no corporate seal, the words, "and that said corporation (or association) has no corporate seal" should appear. Laws 1888-9, p. 98. $424. Acknowledgment of Married Women. No separate examination of a married woman is required. The form of joint certificate may be as follows: TERRITORY OF NEW MEXICO, COUNTY OF... On this...... day of.. 18...., before me per sonally appeared A. B., and C. D., his wife, to me known to be the persons described in and who executed the foregoing instrument, and acknowledged that they executed the same as their free act and deed. [SEAL.] (Signature and title.)1 In the case of natural persons acting by attorney: On this......day of......... 18...., before me personally appeared A. B., to me known to be the person who executed the foregoing instrument in behalf of C. D., and acknowledged that he executed the same as the free act and deed of said C. D. [SEAL.] (Signature and title.) Comp. Laws. §2759. The wife owns separate property in her own right, but husband and wife should join in conveyances of real estate. $$1087, 2756. The Act of Feb. 27, 1887, allows the surviving wife onethird of all the real estate owned by the husband at any time, in the conveyance of which she has not joined. When the wife unites with her husband in an acknowledgment, she shall be described as his wife; in all other respects her acknowledgment shall be taken and certified as if she were sole. No separate examination of a married woman in respect to the execution of any release of dower, or other instrument affecting real estate, shall be required. She may acknowledge any conveyance through an attorney, authorized in writing by a power of attorney by herself and husband. Laws 1888–9, p. 99. $425. Witnesses. The execution of a deed cannot be proved by witnesses, except as between original parties, and not then, in case of married women.1 Comp. Laws, §§1088, 2756-2759. $426. Chattel Mortgages. Hereafter all chattel mortgages, or other instruments of writing having the effect of a mortgage or lien upon personal property, shall be acknowledged by the owner or mortgagor, and recorded in the same manner as conveyances affecting real estate. When recorded the party in whose favor the mortgage is executed may withdraw the same. The record is not good for longer than one year, unless within thirty days next preceding the end of the year an affidavit of renewal is filed, exhibiting the then interest of the mortgagee in the property.1 1 Comp. Laws, §§1589-1591, 1593; Laws 1888-9, pp. 162-3. Gen. Laws 1880, pp. 63-65; Redewell v. Gillen, 12 Pac. Repr. 872. All personal property, except growing crops, is subject to mortgage. A copy of the mortgage, and statutory affidavit thereto annexed, if any, certified by the recorder, in whose office the same shall be filed, shall be received as evidence that the same was received and filed according to the indorsement of the recorder thereon. In the absence of stipulations to the contrary, the mortgagor has the right to the possession of the property. §1593. 584 $427. Effect of Record. Deeds are conclusive as against subsequent purchasers from the grantor, or from his heirs claiming as such, except against subsequent purchasers in good faith and for a valuable consideration, who shall acquire a superior title by a conveyance that shall have been first duly recorded.1 Conveyances of realty must be recorded in the clerk's office of the county where the land is situated, except in the counties of New York, Westchester and Kings, where a register of deeds exists as a separate officer.2 Conveyances in fee, or of freehold estates, must be subscribed and sealed, a scroll being insufficient; and if not duly acknowledged previous to delivery, their execution and delivery must be attested by at least one witness; if not so acknowledged or attested, they do not take effect as against a purchaser or incumbrancer until so acknowledged. A recorded deed may be read in evidence without proof of its execution; the copy of any record, of any recorded deed or instrument, attested and authenticated in such manner as would by law entitle it to be read in evidence, may be again recorded in any office wherein the original would be entitled to be recorded, and such record shall have the same effect. as if the original were so recorded. The term "conveyance" embraces every instrument in writing by which any estate, or interest in real estate, is created, aliened, mortgaged or assigned; or by which the title to any real estate may be affected in law or equity; except last wills and testaments, leases for a term not exceeding three years, and executory contracts for the sale or purchase of lands. A revocation of a power of attorney must also be recorded in the same office with the letter.4 ■ Bank's Rev. Stats. (1889), pt. 2, ch. 3, §1; Rev. Stats., 1875, vol. 2, p. 1138, §1; p. 1119, §155; Fay's Dig. of Laws, 1876, vol. 1, p. 5-0; Laws 1882, ch. 410. As to effect of recording, see McPherson v. Rollins, 107 N. Y. 317; s. c. 1 Am. St. Rep. 826; 14 N. E. Repr. 411; Purly v. Huntington, 42 N. Y. 343; s. c. 1 Am. St. Rep. 532; Acer v. Westco't, 46 N. Y. 384; s. c. 7 Am. Rep. 355; Herrington v. Erie Co. Bank. 101 N. Y. 257; Brewster v. Carnes, 103 N. Y. 556; s. c. 9 N. E. Repr. 323; Stuyvesant v. Hone, 1 Sand. Ch. 419; s. c. 2 Barb. Ch. 151; Parker v. Conner, 93 N. Y. 118; s. c. 45 Am. Rep. 184; Jumel v. Jumel. 7 Paige, 591; People v. Chapin, 104 N. Y. 96; s. c. 10 N. E. Repr. 141; Gibert v. Peteler, 38 N. Y. 165; s. c. 38 Barb. 488; 97 Am. Dec. 785; Crane v. Turner, 67 N. Y. 437; s. c. 7 Hun, 357; Dunham v. Dey, 15 Johns. 555; s. c. 8 Am. Dec. 282; Cambridge Bank v. Delano, 48 N. Y. 326; N. Y. Life Ins. Co. v. Covert, 6 Abb. N. S. 154; Wagner v. Hodge, 34 Hun. (41 Sup. Ct.) 524; Stearns v. Gage, 79 N. Y. 102; White v. Carpenter, 2 Paige, 217; Raynor v. Wilson, 6 Hill, 469; Lemon v. Staats, 1 Cow. 592; Mrray v. Ballou, 1 Johns. Ch. 566; Baker v. Bliss, 39 N. Y. 70; Webster v. Van Steenburg, 46 Barb. 211. Actual notice is effectual. Howard v. Halsey, 8 N. Y. 271; s. c. 39 Am. Dec. 478; 4 Sand. 565; Burnham v. Brenham, 42 N. Y. Sup. Ct. 51; Zimmerman v. Kinkle. 108 N. Y. 282; s. c. 15 N. E. Repr. 407; Tuttle v. Jackson, 6 Wend. 213; s. c. 21 Am. Dec. 306; except as to deeds of freehold estates neither acknowledged nor attested by two witnesses. Rev. Stats., p. 738, $137; Chamberlain v. Spargur, 86 N. Y. 603; Nellis v. Munson, 108 N. Y. 453; s. c. 15 N. E. Repr. 739. 2 Bank's Rev. Stats. (1889), pt. 2, ch. 3, §1; 1 Rev. Stats., 756. Possession is notice. Grimstone v. Carter, 3 Paige, 421; s. c. 24 Am. Dec. 230; Seymour v. McKinstry, 106 N. Y. 230; s. c. 12 N. E. Repr. 348; 8 Cent. Repr. 72; Thompson v. Burnhans, 79 N. Y. 100; Jackson v. Warford, 7 Wend. 62; Cahill v. Palmer, 45 N. Y. 484; Brown v. Volkenning, 64 N. Y. 76; Stewart v. Long Island Ry. Co., 102 N. Y. 601; s. c. 4 Cent. Repr. 115; 8 N. E. Repr. 200. As to definition of deed, and as to record of executory contracts and equitable title, see Bank's Rev. Stats., pt. 2. ch. 3, §38; and Laverty v. Moore, 33 N. Y. 658; s. c. 32 Barb. 347; Tarbell v. West, 86 N. Y. 280; Ludlow v. Van Ness, 8 Bosw. 178; Crane v. Turner, 67 N. Y. 437; s. c. 7 Hun, 357; ante, $179. As to record of sheriff's certificates of sale, see Vaughn v. Ely, 4 Barb. 186; Everston v. Sawyer, 2 Wend. 507; Reynolds v. Darling, 42 Barb. 418. As to rights of creditors under the recording acts, Schroeder v. Gurney, 73 N. Y. 430; Southard v. Benner, 72 N. Y. 427; Rogers v. Benner, 45 N. Y. 379; Fraser v. Gilbert, 11 Hun, 634; Joslin v. Cowee, 60 Barb. 48; Button v. Rathbone, 43 Hun, 137; Browell v. Curtis, 10 Paige, 217; Barton v. Hosner, 24 Hun, 468; Wood v. Chapin, 13 N. Y. 509; s. c. 67 Am. Dec. 62; Jackson v. Chamberlain, 8 Wend. 625; Wright v. Douglass, 10 Barb. 97; Jackson v. Dubois, 4 Johns. 216; Sieman v. Schurck, 29 N. Y. 568. 31 Rev. Stats., 738, §137; Bank's Stats. (1889), pt. 2. ch. 1, tit. 2, §137; Nellis v. Munson, 103 N. Y. 453; s. c. 15 N. E. Repr. 739; Chamberlain v. Spargur, 86 N. Y. 603. As to bona fide purchasers and valuable consideration, see Hendry v. Smith, 49 Hun, (56 Sup. Ct.) 510; Van Rensellaer v. Clark. 17 Wend. 25; Frost v. Beekman, 1 Johns. Ch. 288; Van Heuzen v. Radcliff, 17 N. Y. 550; s. c. 72 Am. Dec. 480; Jackson v. Burgott, 10 Johns. 457; s. c. 6 Am. Dec. 349; Wright v. Douglass, 10 Barb. 107; Hooker v. Pierce, 2 Hill, 650; Farmer's Loan Co. v. Maltby, 8 Paige, 361; Rockwell v. McGovern, 69 N. Y. 294; Williams v. Shelby, 37 N. Y. 375; Union Institute |