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for conveyances and other instruments not intended as such mortgages or securities. Each set must contain two lists in alphabetical order, one consisting of the names of the grantors or mortgagors, followed by the names of their grantees or mort. gagees, and the other list consisting of the names of the grantees or mortgagees, followed by the names of their grantors or mort. gagors, with proper blanks in each class of names, for subsequent entries, which entries must be made as instruments are delivered for record. This section, so far as relates to the preparation of new indexes, shall not apply to a county where the recording officer now has general numerical indexes. A recording officer who records a conveyance of real property, sold by virtue of an execution, or by a sheriff, referee or other person, pursuant to a judgment, the granting clause whereof states whose right, title or interest was sold, must insert in the proper index, under the head “grantors," the name of the officer executing the conveyance, and of each person whose right, title or interest is so stated to have been sold.

$ 266. Order of recording.–Every instrument, entitled to be recorded, must be recorded by the recording officer in the order and as of the time of its delivery to him therefor, and is considered recorded from the time of such delivery.

$ 267. Certificate to be recorded.--The certificate of the acknowledgment or proof of the execution of an instrument, and the certificate authenticating the signature or seal of the officer so certifying, or both, if required, must be recorded together with the instrument so acknowledged or proved; otherwise neither the record of the instrument nor a transcript thereof can be read in evidence.

268. Time of recording. The recording officer must make an entry in the record, immediately after the copy of every instrument recorded by him, stating the hour, day, month and year, when it was recorded, and must indorse upon every such instrument a certificate, stating the time as aforesaid, when, and the book and page where, the same was recorded.

§ 269. Certain deeds deemed mortgages.-A deed conveying real property, which, by any other written instrument, appears to be intended only as a security in the nature of a mortgage, although an absolute conveyance in terms, must be considered a mortgage; and the person for whose benefit such deed is made, derives no advantage from the recording thereof, unless every

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writing, operating as a defeasance of the same, or explanatory of its being desired to have the effect only of a mortgage, or conditional deed, is also recorded therewith, and at the same time.

$ 270. Recording discharge of mortgage.-A mortgage, reg. istered or recorded, must be discharged upon the record thereof, by the recording officer, when there is presented to him a certificate signed by the mortgagee, his personal representative or assignee, and acknowledged or proved, and certified, in like manner as to entitle a conveyance to be recorded, specifying that the mortgage has been paid, or otherwise satisfied and discharged. The certificate of discharge, and the certificates of its acknowledg. ment or proof, must be recorded ; and a reference must be made to the book and page containing such record, in the minute of the discharge of such mortgage, made by the officer upon the record thereof.

§ 271. Effect of recording assignment of mortgage.—The recording of an assignment of a mortgage is not in itself, a notice of such assignment to a mortgagor, his heirs or personal representatives, so as to invalidate a payment made by either of them to the mortgagee.

$ 272. Recording of conveyances made by treasurer of Connecticut.-A conveyance of real property, executed at any time since the tenth day of March, eighteen hundred and twenty-five, by the treasurer of the state of Connecticut, acknowledged by him before the secretary of state of such state, and the acknowl. edgment of which is certified by such secretary of state under the seal of such state, in the manner required for the acknowledg. ment and certification of a conveyance within this state, may be recorded in the proper office within this state, without further proof thereof.

$ 273. Revocation to be recorded.-A power of attorney or other instrument, recorded pursuant to this article, is not deemed revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded.

$ 274. Penalty for using long forms of covenants. The recording officer of any county may charge for the recording of an instrument containing any of the covenants mentioned in sec. tions two hundred and eighteen and two hundred and nineteen

The Descent of Real Property.

SS 275-277

of this chapter, at large, instead of the short forms thereof, in said sections contained, the sum of five dollars in addition to the fees chargeable by law for such recording.

§ 275. Certain acts not affected.--Nothing contained in this article repeals or affects any act providing for recording and indexing instruments affecting real property in the city of New York, according to city blocks or other limited areas.

$ 276. Actions to have certain instruments cancelled of record.-An owner of real property or of any undivided part thereof or interest therein, may maintain an action to have any recorded instrument in writing relating to the same, other than those required by law to be recorded, declared void or invalid, or to have the same cancelled of record as to said real property, or his undivided part thereof or interest therein.

§ 277. Officers guilty of malfeasance liable for damages.-An officer authorized to take the acknowledgment or proof of a conveyance or other instrument, or to certify such proof or acknowledgment, or to record the same, who is guilty of malfeasance or fraudulent practice in the execution of any duty prescribed by law in relation thereto, is liable in damages to the person injured.

ARTICLE IX.

THE DESCENT OF REAL PROPERTY.

SECTION 280. Definitions and use of terms; effect of article.

281. General rule of descent.
282. Lineal descendants of equal degree.
283. Lineal descendants of unequal degree.
284. When father inherits.
285. When mother inherits.
286. When collateral relatives inherit; collateral relatives of equal

degrees.
287. Brothers and sisters and their descendants.
288. Brothers and sisters of father and mother and their descend.

ants.
289. Illegitimate children.
290. Relatives of the half-blood.
291. Cases not hereinbefore provided for.
292. Posthumous children and relatives.
293. Inheritance, sole or in common.
294. Alienism of ancestor.
295. Advancements.
296. How advancements adjusted.

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$ 280. Definitions and use of terms; effect of article. The term “real property" as used in this article, includes every estate, interest and right, legal and equitable in lands, tenements and hereditaments except such as are determined or extinguished by the death of an intestate seized or possessed thereof, or in any manner entitled thereto; leases for years, estates for the life of another person; and real property held in trust, not devised by the beneficiary. “Inheritance" means real property as herein defined, descended according to the provisions of this article; the expressions " where the inheritance shall have come to the intes. tate on the part of the father” or “mother,” as the case may be, include every case where the inheritance shall have come to the intestate by devise, gift or descent from the parent referred to, or from any relative of the blood of such parent. When in this article a person is described as living, it means living at the time of the death of the intestate from whom the descent came; when he is described as having died, it means that he died before such intestate. This article does not affect a limitation of an estate by deed or will, or tenancy by the curtesy or dower.

$ 281. General rule of descent. The real property of a person who dies without devising the same shall descend :

1. To his lineal descendants.
2. To his father.
3. To his mother; and

4. To his collateral relatives, as prescribed in the following sections of this article.

$ 282. Lineal descendants of equal degree.-If the intestate leave descendants in the direct line of lineal descent, all of equal degree of consanguinity to him, the inheritance shall descend to them in equal parts however remote from him the common degree of consanguinity may be.

$ 283. Lineal descendants of unequal degree.- If any of the descendants of such intestate be living, and any be dead, the inheritance shall descend to the living, and the descendants of the dead, so that each living descendant shall inherit such share as would have descended to him had all the descendants in the same degree of consanguinity who shall have died leaving issue been living; and so that issue of the descendants who shall have died shall respectively take the shares which their ancestors would have received.

$ 284. When father inherits.-If the intestate die without law

The Descent of Real Property.

SS 285-288

ful descendants, and leave a father, the inheritance shall go to such father, unless the inheritance came to the intestate on the part of his mother, and she be living; if she be dead, the inheritance descending on her part shall go to the father for life, and the reversion to the brothers and sisters of the intestate and their descendants, according to the law of inheritance by collateral relatives hereinafter provided ; if there be no such brothers or sisters or their descendants living, such inheritance shall descend to the father in fee.

§ 285. When mother inherits.-If the intestate die without descendants and leave no father, or leave a father not entitled to take the inheritance under the last section, and leave a mother, and a brother or sister, or the descendant of a brother or sister, the inheritance shall descend to the mother for life, and the reversion to such brothers and sisters of the intestate as may be living, and the descendants of such as may be dead, according to the same law of inheritance hereinafter provided. If the intestate in such case leave no brother or sister or descendant thereof, the inheritance shall descend to the mother in fee.

$ 286. When collateral relatives inherit; collateral relatives of equal degrees. If there be no father or mother capable of inheriting the estate, it shall descend in the cases hereinafter specified to the collateral relatives of the intestate; and if there be several such relatives, all of equal degree of consanguinity to the intestate, the inheritance shall descend to them in equal parts, however remote from him the common degree of consanguinity may be.

$ 287. Brothers and sisters and their descendants.-If all the brothers and sisters of the intestate be living, the inheritance shall descend to them ; if any of them be living and any be dead, to the brothers and sisters living, and the descendants, in what. ever degree, of those dead; so that each living brother or sister shall inherit such share as would have descended to him or her if all the brothers and sisters of the intestate who shall have died, leaving issue, had been living, and so that such descendants in whatever degree shall collectively inherit the share which their parents would have received if living; and the same rule shall prevail as to all direct lineal descendants of every brother and sister of the intestate whenever such descendants are of unequal degrees.

$ 288. Brothers and sisters of father and mother and their

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