actually rest in such person in the same manner and to the same extent as if then made. Sec. 6. No estate or interest in lands other than for leases for a term not exceeding one year, or any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered, or declared, unless by act or operation of law, or by deed or conveyance, in writing subscribed by the party creating, granting, assigning, surrendering, or declaring the same, or by his lawful agent thereunto authorized by writing. Sec. 7. The preceding section shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament, nor prevent any trust arising or being extinguished by operation of law. Sec. 8. Every contract for the leasing for a longer term than one year, or for the sale of any lands, or interest in lands, shall be void, unless the contract, or some note or memorandum thereof expressing the consideration, be in writing, and be subscribed by the party by whom the lease or sale is to be made. Sec. 9. Every instrument required to be subscribed by any person mentioned in the last preceding section may be subscribed by the agent of the party lawfully authorized. Sec. 10. Nothing contained in this act shall be construed to abridge the power of the court to compel the specific performance of such agreements. Sec. 11. All deeds of gift, all conveyances and transfers, or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person. Sec. 12. In the following cases any agreement shall be void unless such agreement, or some note or memorandum thereof expressing the consideration, be in writing, and subscribed by the party charged thereunto: First. Every agreement that by the terms is not to be performed within one year from the making thereof. Second. Every special promise to answer for the debt or default or miscarriage of another. Third. Every agreement, promise, or undertaking, made upon consideration of marriage, except mutual promise to marry. Sec. 13. Every contract for the sale of any goods, chattels, or things in action, for the price of two hundred dollars and over shall be void, unless: First. A note or memorandum of such contract be made in writing, and be subscribed by the parties to be charged therewith; or second, unless they shall accept or receive a part of such goods or the evidences or some of them of such in action. Third. Or unless the buyer shall at the time pay some part of the purchase-money. Sec. 14. Whenever goods shall be sold at auction, and the auctioneer shall at the time of the sale enter in a sale book a memorandum specifying the nature and price of the property sold, the term of sale, the names of the purchasers, and name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale within the meaning of the last section. Sec. 15. Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same be accompanied by the immediate delivery, and be followed by an actual and continued change of possession of the thing sold and assigned, shall be conclusive evidence of fraud as against the creditors of the vendor or the person making such assignments, or subsequent purchasers in good faith. Sec. 16. The term creditors, as used in the last section, shall be construed to include all persons who shall be creditors of the vendor or assignor at any time while such goods and chattels shall remain in his possession or under his control. Sec. 17. Every instrument of writing required by any of the provisions of this act to be subscribed by any party, may be subscribed by the lawful agent of such party. Sec. 18. Every conveyance or assignment, in writing or otherwise, of any estate or interest in lands or in goods in action, or of the rents or profits thereof, made with the intent to hinder, delay, or defraud creditors or other persons of their lawful suits, damages, forfeitures, debts, or demands, and any bond or other evidences of debt given, suits commenced, decrees or judgment suffered, with the like intent as against the person hindered, delayed, or defrauded, shall be void. Sec. 19. Every conveyance, charge, instrument, or proceeding, declared to be void by the provisions of this act, as against creditors or purchasers, shall be equally void as against the heirs, successors, and personal representatives or assigns of such creditors or purchasers. Sec. 20. The question of fraudulent intent in all cases arising under this act shall be deemed a question of fact and not of law, nor shall any conveyance or charge be adjudged fraudulent as against creditors or purchasers solely on the ground that it was not founded on a valuable consideration. Sec. 21. The provisions of this act shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it shall appear that such purchaser had previous notice of the fraudulent intent of his immediate grantor or of the fraud rendering void the title of such grantor. Sec. 22. The term "bonds," as used in this act, shall be construed as co-extensive in meaning with land, tenements, hereditament, and possessory land claims to public lands; and the terms "estate" and "interest in lands" shall be construed to embrace every estate and interest, present and future, vested and contingent in lands as above defined. Sec. 23. The term "conveyance," as used in this act, shall be construed to embrace any instrument in writing except a last will and testament, whatever may be its form and by whatever name it may be known in law, by which any estate or interest in land is created, alienated, assigned, or surrendered. CHAPTER XVII. CONVEYANCES OF REALTY. (See ante chap. 16 and post. chap. 87.) Sec. 1. How conveyance by deed signed and acknowledged. Sec. 3. Sec. 4. Sec. 5. Officer taking proof or acknowledgment to certify same. Sec. 6. Person must be known to officer. Sec. 7. What certificate shall state. Sec. 8. Form of certificate. Sec. 9. Form when grantor not known. Sec. 10. What proof of execution necessary. Sec. 11. When proof of subscribing witness taken. Sec. 12. When certificate of proof granted. Sec. 13. What certificate to set forth. Sec. 14. When evidence of handwriting taken. Sec. 15. What proof of handwriting necessary. Sec. 16. When officer may issue subpoena for witness. Sec. 17. Person refusing to appear liable for damages. Sec. 18. Certificate entitles deed to be recorded. Sec. 19. How married women may convey estate. Sec. 21. Sec. 20. Who may take acknowledgment of married women. Married women to be personally known to officer; to be made acquainted with contents, &c. Sec. 22. What certificate to contain. Sec. 23. Every conveyance to be recorded; to be notice to third persons. Sec. 24. Filing same for record to be notice. Sec. 25. Unrecorded deeds void as against those recorded. Sec. 26. Power of attorney to be acknowledged and recorded. Sec. 27. Not considered revoked until recorded. Sec. 28. Recorded conveyance may be read in evidence without proof. Sec. 29. When deed lost record may be used in evidence. Sec. 31. Sec. 33. Record of deed proved by incompetent witness not Sec. 32. Person conveying real estate without title afterwards Sec 37. Mortgage to be satisfied on record when certificate presented. Sec. 38. Certificate to be recorded. Sec. 39. Mortgagee liable for not having satisfaction of mortgage entered. Sec. 40. Conveyances heretofore made to be recorded as provided in this act. Sec. 41. Legality of instruments heretofore made not affected by Sec. 42. Grant to two or more persons to hold in common. Sec. 45. Future estate to be defeated by birth of posthumous child. Sec. 46. No present estate necessary to support contingent remainder. Sec. 47. Grants of rent or remainder good without attornment. Sec. 49. Lineal and collateral warrantees abolished. Sec. 52. When wife lives out of territory she need not sign deed. Section 1. Conveyances of land, or of any estate or interest thereon, may be made by deed signed by the person from whom the estate or interest is intended to pass, being of lawful age, or by his lawful agent or attorney, and acknowledged or proved and recorded as hereinafter directed. Sec. 2. A husband and wife may, by their joint deed, convey the real estate of the wife in like manner as she might do by her separate deed if she were unmarried. Sec. 3. Every conveyance in writing whereby any real estate is conveyed, or may be affected, shall be acknowledged or proved and certified in the manner hereinafter provided. Sec. 4. The proof of acknowledgment of every conveyance affecting real estate shall be taken by some one of the following officers: First. If acknowledged or proved within this territory, by some judge or clerk of a court having a seal, or by some notary public or some justice of the peace within this territory, and the certificate of such acknowledgment or proof shall be under the hand of such judge or clerk and the seal of such court, or under the hand of such justice of the peace; and if the property affected by such conveyance is not in the county for which such justice is an officer, the official character of such justice shall be certified to under the hand and official seal of the county clerk of the county within and for which such justice may be elected or acting. Second. If acknowledged or proved without this territory, and within the United States, by some judge or clerk of any court of the United States, or of any state or territory having a seal, or by a notary public or a justice of the peace, or by any commissioner appointed by the governor of this territory for that purpose, and the certificate of such acknowledgment or proof shall be under the hand of such judge or clerk and the seal of such court, or under the hand of such notary public or commissioner and his official seal, or under the hand of such justice of the peace; and, in all cases, the official character of such justice shall be certified under the seal of the court, tribunal, or officer within and for the county in whih such justice of the peace may be acting which has cognizance of the official character of such justice. Sec. 5. Every officer who shall take the proof or acknowledgment of any conveyance affecting any real estate shall grant a certificate thereof, and cause such certificate to be endorsed or annexed to such conveyance. Such certificate shall be, when granted by any judge or clerk, under the hand of such judge or clerk and the seal of the court; when granted by any officer who has a seal of office, under the hand and official seal of such officer. Sec. 6. No acknowledgment of any conveyance whereby any real estate is conveyed or may be affected shall be taken, unless the person offering to make such acknowledgment 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 oath or affirmation of a credible witness. Sec. 7. The certificate of acknowledgment shall state the fact of acknowledgment, and that the person making the same was personally known to the officer granting the certificate to be the person whose name is subscribed to the conveyance as a party thereto, or was proved to be such by the oath or affirmation of a credible witness, whose name shall be inserted in the certificate. |