The Origin of the System of Recording Deeds in America: A Paper Read Before the Massachusetts Conveyancers' Association

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Stanhope Press, 1907 - Land titles - 16 pages
 

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Page 9 - A conveyance of an estate in fee simple, fee tail or for life, or a lease for more than seven years from the making thereof, shall not be valid as against any person, except the grantor or lessor, his heirs and devisees and persons having actual notice of it, unless it, or an office copy as provided in section thirteen of chapter thirty-six, is recorded...
Page 7 - Assistants, shall make a survey of the houses backside, cornfields, mowing-ground, and other lands, improved or enclosed, or granted by special order of the Court, of every free inhabitant there, and shall enter the same in a book (fairly written in words at length and not in figures), with the several bounds...
Page 8 - ... inhabitant his & theire heires and Assignes of such estate of inheritance or as they shall haue in any such Howses Lands or Franketenem's.
Page 9 - For avoyding all fraudulent conveyances, & that every man may know what estate or interest other men may have in any houses, lands, or other hereditaments they are to deale in, it is therefore ordered, that after the end of this month no morgage, bargaine, sale, or graunt hereafter to bee made of any houses, lands, rents, or other hereditaments shalbee of force against any other person except the graunter & his heires, uulesse the same bee recorded, as is hereinafter exp'ssed.
Page 1 - The record is not a mere device for preserving evidence, but gives legal priority to the grantee of the recorded deed. In the first particular it differs from the medieval registry system; in the second from the continental registry systems and our own Torrens system of registration ; in the third...
Page 7 - ... & shall deliuer a transcript thereof into the Court within sixe monethes nowe nexte ensueing, & the same soe entered and recorded shalbe a sufficient assurance to...
Page 13 - Deed, muft go before the Lord Mayor^ or the Recorder and one Alderman^ and make Acknowledgment that the...
Page 9 - And that it is not intended that the whole bargaine, sale, &fi, shalbee entered, but onely the names of the graunter & grauntee, the thing & the estate graunted, & the date ; and all such entryes shalbee certified to the recorder at Boston wthin 6 months yearoly.
Page 9 - Provision is made for acknowledging the deeds, and they are to be recorded within the districts into which the Colony had already been divided for holding courts. The ordinance further provided that "it is not intended that the whole bargaine, sale, &c. shalbee entered, but onely the names of the graunter & grauntee, the thing & the estate graunted & the date; and all such entryes shalbee certified to the recorder at Boston.
Page 4 - North side the towne between the first and second brooke in the Vpper fall of the said field and bounded with the grounds of Moses Simonson on the north side and the saide Stephen on the south side.

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