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 |
From inside the book
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Page 12
... Convey to One Having Actual Notice . 156 , 157. When Record Title Does Not Protect . Break in the Record Title .... 159. Actual Notice as Supplying the Gap . 160. Record of Mortgage Before that of Deed to Mortgagor . 161. Exceptions ...
... Convey to One Having Actual Notice . 156 , 157. When Record Title Does Not Protect . Break in the Record Title .... 159. Actual Notice as Supplying the Gap . 160. Record of Mortgage Before that of Deed to Mortgagor . 161. Exceptions ...
Page 29
... convey- ance itself . There is considerable diversity among the statutes as to the specific things requisite to a valid ac- knowledgment by a married woman , and this subject occu- pies a prominent part in the law of registration , as ...
... convey- ance itself . There is considerable diversity among the statutes as to the specific things requisite to a valid ac- knowledgment by a married woman , and this subject occu- pies a prominent part in the law of registration , as ...
Page 42
... convey- ance " operative as a record " from the time of its delivery for record , relieves them from examining the cases cited by counsel which hold that the record imparts notice only of what it contains . 3 In Throckmorton v . Price ...
... convey- ance " operative as a record " from the time of its delivery for record , relieves them from examining the cases cited by counsel which hold that the record imparts notice only of what it contains . 3 In Throckmorton v . Price ...
Page 53
... convey , and with which he had no connection ; so that the notice cannot , in the nature of things , properly affect an adverse title having a different source , for in this latter case each title is as distinct as if it related to a ...
... convey , and with which he had no connection ; so that the notice cannot , in the nature of things , properly affect an adverse title having a different source , for in this latter case each title is as distinct as if it related to a ...
Page 58
... convey the legal estate , as at common law , 1 although in a majority of them the rule now obtains that they convey only an equitable title . Formerly this constituted an important distinction , but since the regis- try laws have been ...
... convey the legal estate , as at common law , 1 although in a majority of them the rule now obtains that they convey only an equitable title . Formerly this constituted an important distinction , but since the regis- try laws have been ...
Contents
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Other editions - View all
A Treatise on the Law of Record of Title of Real and Personal Property: With ... Britain R. Webb No preview available - 2017 |
A Treatise on the Law of Record of Title of Real and Personal Property, with ... Britain Rice Webb No preview available - 2018 |
A Treatise on the Law of Record of Title of Real and Personal Property, with ... Britain R. Webb No preview available - 2020 |
Common terms and phrases
72 Iowa acknowl act and deed actual notice Allen assignment authorized Bank Barb bona fide purchaser Brown certificate of acknowledgment chattel mortgage cited clerk Code Code of Iowa Conn constructive notice convey conveyance corporation creditors duly effect equity evidence executed filed fraud gage grantee grantor Gratt held sufficient husband instrument Johnson Jones judgment justice land lien married woman Mass mechanic's lien ment Minn Miss Moore mort mortgagor N. J. Eq N. W. Repr notary public officer Ohio omission Paige parties possession power of attorney prior priority real estate register of deeds registry laws rule Serg signature signed Smith Stats statute statute requires statutory subscribing witness subsequent purchaser supra take acknowledgments thereof unrecorded valid void Watts Wend wife
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.