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that time. A deed may be recorded after six months. But in such case, it is postponed to a subsequent bona fide deed, if the latter is left for registry before the former. And vice versa, where the former deed is first left. (Den v. Richman, 1 Green Rep. 44. 2 Hilliard on Real Prop. 440.)

In Pennsylvania, a deed dated prior to the act of 1775, is good without registration. (2 Serg. & Rawle, 44; 5 Ib. 246.) Where a deed is unrecorded, a second grantee may avail himself of improvements made by him on the land, by way of a consideration, which will give him the prior title. (6 Watts & Serg. 469.) Where a bond of defeasance is unrecorded, but the deed is recorded, the transaction stands like an unrecorded mortgage, which is postponed to a subsequent judgment. (17 Serg. & Rawle Rep. 70.) The recording acts do not apply to the assignment of an insolvent debtor. It however applies to conveyances affecting lands, though not signed and sealed. And the statutes apply to all written contracts concerning real estate. (5 Watts, 77; 4 Rawle, 242; Ib. 440; 3 Watts & Serg. 334.) The registry acts do not apply to subsequent purchasers claiming under an independent title, but only to those claiming under the grantor in the former deed. They apply to subsequent purchasers at an execution sale. But registration of a deed between third persons, is not notice to an execution purchaser not claiming through and under such deeds. (2 Binn. Rep. 497; 6 Ib. 119; 5 Serg. & Rawle 246.) The registering of a sheriff's deed in the prothonotary's office, according to usage, is a sufficient recording. (8 Watts Rep. 68. Hilliard on Real Prop. vol. 2, p. 444, 448.)

In Maryland, a deed of a freehold estate, or an estate for more than seven years, or declaring, or limiting any use, must be recorded in the county where the land lies, within six calendar months from its date. Otherwise, the deed is void between the parties. Where however, registration has been omitted, without fraud, it may be authorized by filing a bill in chancery, and will be effectual except against subsequent purchasers and creditors, if made within six months from a decree. Such decree may be received within eighteen months.

In Delaware, a deed, or letter of attorney, must be recorded within one year; otherwise it is invalid against a subsequent fair creditor or purchaser. This does not apply to a lease for fair rent, for not more than 21 years, attended by possession, or

where the lessee is to have possession within one year. Mortgages lodged for registry at the same time, have priority according to their dates; if made for the purchase-money of land, sixty days are allowed for recording. In case of a defeasance the grantee must endorse upon, and record with his deed, a note thereof. The defeasance, though unsealed, must be acknowledged and recorded within sixty days; else it is void against purchasers, &c.

In Mississippi, the conveyance by writing, sealed and delivered, of any inheritance, freehold, or term for more than one year, is invalid against a creditor, or an ignorant purchaser for consideration, unless the instrument is recorded. (Rev. Code of Miss. 452.) All deeds, agreements, &c., relating to land, except instruments of trust and mortgages, if recorded in three months, take effect from their execution. Deeds of trust and mortgages, and other instruments recorded after three months, take effect from delivery to the recorder. But if two deeds delivered to the recorder on the same day, the one first executed, has priority. (Ib. 453, 454.) No instrument can be recorded without acknowledgment and proof. The clerk is required to give a receipt for deeds left for record. (Ib. 454, 455.)

In North Carolina, no conveyance or bill of sale of land, (except mortgages) is good, and available, unless recorded in the county where the land lies, within two years from date. A mortgage, or deed in trust, is void against creditors or purchasers, unless proved and recorded, like other deeds, within six months. As against such creditors, &c., a title passes only from registry. Marriage settlements and contracts are void against creditors, unless proved like other deeds, within six months from the making, and recorded in one month thereafter. (Rev. St. 224, 235; St. 1842, 3, 80, 81.)

In South Carolina, in the district of Charleston, deeds are recorded in the office of the Register of mesne conveyance; in other districts, by the clerks of the circuit court for each district. They must be recorded within six months from delivery, when the grantor resides in the state; twelve months, if in another of the United States; and two years, if abroad. A mortgage is valid against a purchaser, &c., without notice, if recorded in sixty days. Marriage settlements to be good against creditors, are to be proved and recorded, or lodged in the Secretary of

State's office, within three months, if made in the state, otherwise, in twelve months.

In Ohio, mortgages take effect from the record of them, or presentation therefor. Any other deed must be recorded in six months, in the county where the land lies; otherwise, it is fraudulent against a subsequent bona fide ignorant purchaser.

In Tennessee no deed is admissible in evidence until recorded. When duly proved or acknowledged, it may be registered at any time, so as to give it effect between the parties; and within twelve months, to make it effectual against all persons.

In Kentucky, deeds are usually recorded by the clerk of the county where the land lies, but may be also, in the office of the general court, and court of appeals, and this is usually done. where the lands lie in different counties. A deed for more than

five years, is void against a subsequent purchaser without notice, or a creditor, either prior or subsequent, unless acknowledged or proved by two witnesses, and lodged for record within eight months. Deeds of mortgage, or of trust, are limited to sixty days.

That the legislatures of so many different states have introduced such a system for the recording of all deeds, sufficiently proves its utility. Those who have had occasion to examine titles to real estate in our country, will acknowledge that its practical operation is highly beneficial. Every person, before buying a piece of land, in the states where deeds take priority from the time of registry, has it in his power, with a very moderate degree of trouble and expense to obtain satisfactory evidence of the state of the title. The cases indeed are rare in which a suitable examination shows an apparently clear title in the vendor, that the purchaser is in danger from latent adverse claims.

"In England, the practice of recording deeds, is of local, and very limited application. It applies to the Bedford level tract, to the ridings of Yorkshire, and to the county of Middlesex. During the period of the English commonwealth, there was an effort to establish county registers for recording deeds, throughout England. The ancient policy was in favor of the entire publicity of transfers of land, by the fine of record, the livery under the feeoffment, the enrolment of a bargain and sale, and the attornment under the grant. But the ingenuity of conveyancers, and the general and natural disposition to withdraw

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settlements, and the domestic arrangements, from the idle curiosity of the public, have defeated that policy. In Scotland, freehold, but not leasehold property, is recorded in a public register; and the notarial instrument must be registered within sixty days, to render it effectual against purchasers and creditors." (4 Kent, 458, and note.)

15. Capacity of femes covert to convey.

At common law, the conveyance of a feme covert, except by some matter of record, was absolutely void, and in England the wife used to pass her freehold estate by a fine, and this, and a common recovery, were the only ways in which she could convey her real estate. Now the English law is changed, as to the mode of conveyance of the wife, by the abolition of fines and recoveries, and the wife conveys by deed with her husband's concurrence. By stat. 3 and 4 Will. 4, c. 74, for abolishing fines and recoveries and substituting more simple modes of assurance, provision is made for the alienation by married women by deed. It is enacted that after the 31st of December 1833, it shall be lawful for every married woman, in every case, except that of being tenant in tail, by deed, to dispose of lands of any tenure, and money subject to be invested in the purchase of lands, and also to dispose of, release, surrender, or extinguish any power which may be vested in, or limited, or reserved to her in regard to any lands of any tenure, or any such money as aforesaid, or in regard to any estate in any lands of any tenure, or in any such money as aforesaid, as fully and effectually as she could do, if she were a feme sole; save and except that no such disposition, release, surrender, or extinguishment shall be valid and effectual unless the husband concur in the deed, by which the same shall be effected, nor unless the deed be acknowledged by her, as thereinafter directed and it is provided that the powers of disposition given to a married woman by the act, shall not interfere with other powers. In case the husband is a lunatic, or otherwise incapacitated the Court of Common Pleas, is empowered to dispense with the husband's concurrence, except where the Lord Chancellor, or other persons entrusted with lunatics, or the Court of Chancery, shall be the protector of a settlement, in lieu of the husband. (2 Kent, 150; 2 Greenl. Cruise, 23,

"The conveyance of land, by femes covert under the govern

ment of the colony of New York, was in point of fact, by deed, and not by fine, and upon the simple acknowledgment of the wife, before a competent officer without private examination. Such loose modes of conveyance, were mentioned in the act of the 16th of February, 1771, and were confirmed; but it was declared that in future, no estate of a feme covert should pass by deed, without her previous private acknowledgment before the officer apart from her husband that she executed the deed freely, without any fear or compulsion of her husband. The deeds of femes covert, in the form used in other cases, accompanied by such an examination, and which is still required by statute, have ever since been held sufficient to convey their estates, or any future contingent interest in real property, and fines and recoveries are now abolished by statute in New York. If the wife resides out of the state, she may unite with her husband, and convey all her right and interest, present and contingent, equally as if she were a feme sole, and without any such special acknowledgment. Nor does a deed by the wife in execution of a power or trust, require a private examination. The substitute in favor of a conveyance by the wife, of a deed for a fine or common recovery, was made in Maryland by the colony statutes of 1715, 1752 and 1766; and the statute law of that state is explicit that the husband and wife must join in the conveyance. So in Massachusetts, from the earliest periods of the colony, the wife with the concurrence of her husband, could convey her estate in fee, by deed duly acknowledged and recorded. In New Jersey, by their early colony laws, the wife might convey her estate by deed, provided she was previously and privately examined by a magistrate. In South Carolina, Georgia, and Kentucky, the wife conveys in the same way, and in Rhode Island, Connecticut, Ohio, Indiana, Missouri and North Carolina, (and this is, no doubt the general rule,) the husband must join in the conveyance by the wife and she must be separately examined before an officer." (2 Kent, 151, 152, 153.)

It seems that in Maine, New Hampshire, Massachusetts, and Connecticut, the wife's acknowledgment of the deed before a magistrate, in the common form is sufficient; but that in nearly or quite all the other states, it is necessary that she be separately and privately examined. In Virginia, it has been held that the private examination, or something equivalent, is necessary, to pass merely equitable rights. It has been sometimes held that

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