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and all the estate and rights of the party of the first part in and to said premises.

To have and hold the above granted premises unto the said party of the second part, his heirs and assigns forever.

Provided always, that if the said party of the first part, his heirs, executors or administrators, shall pay unto the said party of the second part, his executors, administrators or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents, and the estate hereby granted, shall cease, determine and be void. And the said party of the first part covenants with the party of the second part as follows:

1. That the party of the first part will pay the indebtedness as hereinbefore provided, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises therein described according to law.

2. That the party of the first part will keep the buildings on the said premises insured against loss by fire for the benefit of the mortgagee.

3. And it is hereby expressly agreed that the whole of said principal sum shall become due at the option of the said party of the second part after default in the payment of interest for days, or after default in the payment of any tax or assessment for ...... days, after notice and demand. In witness whereof, the said party of the first part hath hereunto set his hand and seal, the day and year first above written.

In the presence of:

L. 1890, ch. 475, § 6, unchanged in substance.

§ 224. When contract to lease or sell void.— A contract for the leasing for a longer period than one year, or for the sale of any real property, or an interest therein, is void, unless the contract, or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the lessor or grantor, or by his lawfully authorized agent.

R. S. 2589-90, pt. II, ch. 7, tit. I, §§ 8-9, unchanged in substance.

§ 225. Effect of grant or mortgage of real property adversely possessed. A grant of real property is absolutely void, if at the time of the delivery thereof, such property is in the actual possession of a person claiming under a title adverse to that of the grantor; but such possession does not prevent the mortgaging of such property, and such mortgage, if duly recorded, binds the property from the time the possession thereof is recovered by the mortgagor or his representatives, and has preference over any judgment or instrument, subsequent to the recording thereof; and if there' are two or more such mortgages, they severally have preference according to the time of recording thereof, respectively.

R. S. 2453, pt. II, ch. 1, tit. II, §§ 147-148, unchanged in substance.

§ 226. Conveyances with intent to defraud purchasers and encumbrancers void. A conveyance of an estate or interest in real property, or the rents and profits thereof, and every charge thereon, made or created with intent to defraud prior or subsequent purchasers or encumbrancers, for a valuable consideration, of the same real property, rents or profits, is

void as against such purchasers and encumbrancers. Such a conveyance or charge shall not be deemed fraudulent in favor of a subsequent purchaser or encumbrancer, who, at the time of his purchase or encumbrance, has actual or legal notice thereof, unless it appears that the grantee in the conveyance, or the person to be benefited by the charge, was privy to the fraud intended.

R. S. 2588, pt. II, ch. 7, tit. 1, §§ 1-2, unchanged in substance.

§ 227. Conveyances with intent to defraud creditors void. A conveyance or assignment in writing or otherwise, of an estate, interest, or existing trust in real property, or the rents or profits issuing therefrom, or a charge on real property, or on 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, or a bond or other evidence of debt given, suit commenced or decree or judgment suffered, with the like intent, is void as against every person so hindered, delayed or defrauded.

R. S. 2592, pt. II, ch. 7, tit. III, § 1, unchanged in substance as far as the same relates to real property.

§ 228. Conveyances void as to creditors, purchasers and encumbrancers, void as to heirs and assigns.- A conveyance, charge, instrument or proceeding, declared by this article to be void as against creditors, purchasers or encumbrancers, is equally void as against their heirs, successors, personal representatives or assigns.

R. S. 2593, pt. II, ch. 3, tit. III, § 3, unchanged in substance.

229. Fraudulent intent, question of fact. The question of fraudulent intent in a case arising under this article, shall be deemed a question of fact and not of law; and a conveyance or charge shall not be adjudged fraudulent as against creditors, purchasers or encumbrancers, solely on the ground that it was not founded on a valuable consideration.

R. S. pt. II, ch. 7, tit. III, § 4, unchanged in substance.

230. Rights of purchaser and encumbrancer for valuable consideration protected. This article does not in any manner affect or impair the title of a purchaser or encumbrancer for a valuable consideration, unless it appears that he had previous notice of the fraudulent intent of his imme. diate grantor, or of the fraud rendering void the title of such grantor. R. S. 2593, pt. II, ch. 7, tit. III, § 5, unchanged in substance.

§ 231. Conveyances with power to revoke, determine or alter.- A conveyance of or charge on an estate or interest in real property, containing a provision for the revocation, determination or alteration of the estate or interest, or any part thereof, at the will of the grantor, is void, as against subsequent purchasers and encumbrancers, from the grantor, for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered by the grantor, by virtue of the power reserved or expressed in the prior conveyance or charge.

Where a power to revoke a conveyance of real property or the rents and profits thereof, and to reconvey the same, is given to any person, other than the grantor in such conveyance, and such person thereafter conveys the

same real property, rents or profits to a purchaser or encumbrancer for a valuable consideration, such subsequent conveyance is valid, in the same manner and to the same extent as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. If a conveyance to a purchaser or encumbrancer, under this section, be made before the person making it is entitled to execute his power of revocation, it is nevertheless valid, from the time the power of revocation actually vests in such person, in the same manner, and to the same extent, as if then made.

R. S. 2588-9, pt. II, ch. 7, tit. I, §§ 3, 4, 5, unchanged in substance.

§ 232. Disaffirmance of fraudulent act by executor and others.— An executor, administrator, receiver, assignee or other trustee, may, for the benefit of creditors, or of others interested in real property held in trust, disaffirm, treat as void and resist any act done or transfer or agreement made in fraud of the rights of any creditor, including himself, interested in such estate or property; and a person who fraudulently receives, takes, or in any manner interferes with the real property of a deceased person, or an insolvent corporation, association, partnership, or individual, is liable to such executor, administrator, receiver or other trustee for the same, or the value thereof, and for all damages caused by such act to the trust estate.

A creditor of a deceased insolvent debtor, having a claim or demand exceeding one hundred dollars against such deceased, may, for the benefit of creditors or others interested in the real property of such deceased, disaffirm, treat as void, and resist any act done or conveyance, transfer or agreement made by such deceased in fraud of the rights of any creditor, including himself, and may maintain an action to set aside such act, conveyance, transfer or agreement, without having first obtained a judgment on such claim or demand; but the same, if disputed, may be established on the trial. The judgment in such action may provide for the sale of the premises or property involved, when a conveyance or transfer thereof is set aside, and that the proceeds thereof be brought into court or paid into the proper surrogate's court to be administered according to law.

R. S. 2594; L. 1858, ch. 314, as am. by L. 1889, ch. 487, and L. 1894, ch. 740, unchanged in substance.

§ 233. When remainderman may pay interest owed by life tenant.— Whenever real property held by any person for life is encumbered by mortgage or other lien, the interest on which should be paid by the life tenant, and such life tenant neglects or refuses to pay such interest, the remainderman may pay such interest, and recover the amount thereof, together with interest thereon from the time of such payment, of the life tenant.

L. 1894, ch. 315, unchanged in substance.

§ 234. Powers of courts of equity not abridged.— Nothing contained in this article abridges the powers of courts of equity to compel the specific performance of agreements in cases of part performance.

R. S. 2590, pt. II, ch. 7, tit. I, § 10, unchanged in substance.

ARTICLE VIII.

Recording Instruments Affecting Real Property.

SECTION 240. Definitions; effect of article.

241. Recording of conveyances.

242. By whom conveyance must be acknowledged or proved.

243. Recording of conveyances heretofore acknowledged or proved.

244. Recording executory contracts and powers of attorney.

245. Recording of letters patent.

246. Recording copies of instruments which are in secretary of state's office.
247. Certified copies may be recorded.

248. Acknowledgments and proofs within the state.

249. Acknowledgments and proofs in other states.

250. Acknowledgments and proofs in foreign countries.

251. Acknowledgments and proofs by married women.
252. Requisites of acknowledgments.

253. Proof by subscribing witness.

254. Compelling witnesses to testify.

255. Certificate of acknowledgment or proof.

256. When certificate to state time and place.

257. When certificate must be under seal.

258. Acknowledgment by corporation and form of certificate.

259. When county clerk's authentication necessary.

260. When other authentication necessary.

261. Contents of certificate of authentication.

262. Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead.

263. Proof where witnesses are dead.

264. Recording books.

265. Indexes.

266. Order of recording.

267. Certificate to be recorded.

268. Time of recording.

269. Certain deeds deemed mortgages.

270. Recording discharge of mortgage.

271. Effect of recording assignment of mortgage.

272. Recording of conveyances made by treasurer of Connecticut.

273. Revocation to be recorded.

274. Penalty for using long forms of covenants.

275. Certain acts not affected.

276. Actions to have certain instruments canceled of record.

277. Officers guilty of malfeasance liable for damages.

240. Definitions; effect of article.- The term "real property" as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. The term "purchaser," includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. The term "conveyance," includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, and although the power be one of revocation only; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of

such property. The term "recording officer," means the county clerk of the county, except in the counties of New York, Kings or Westchester, where it means the register of the county.

This article does not apply to leases for life or lives, or for years, heretofore made, of lands in either of the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady.

R. S. 2449, pt. II, ch. 1, tit. II, § 114; R. S. 2475, pt. II, ch. 3, §§ 36, 37, 38, 39, 42, 43, unchanged in substance, except that the operation of the last paragraph is confined to leases heretofore made.

§ 241. Recording of conveyances.-A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded.

R. S. 2469, pt. II, ch. 3, § 1, unchanged in substance. In Payner v. Wilson, 15 Wend. 469, held: That the statute avoiding an unrecorded deed as against a purchaser in good faith, etc., applies only to successive purchasers from same grantor.

242. By whom conveyance must be acknowledged or proved.— Except as otherwise provided by this article, such acknowledgment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness. R. S. 2470, pt. II, ch. 3, § 4, in part, unchanged in substance.

243. Recording of conveyances heretofore acknowledged or proved. A conveyance of real property, within the state, heretofore executed, and heretofore acknowledged or proved, and certified, so as to be entitled to be read in evidence, or recorded, under the laws in force at the time when so acknowledged or proved, but which has not been recorded, is entitled to be read in evidence, and recorded in the same manner, and with the like effect, as if this chapter had not been passed.

If heretofore executed, but not proved or acknowledged, it may be proved or acknowledged in the same manner as conveyances hereafter executed and with like effect.

R. S. pt. II, ch. 3, §§ 22, 23, unchanged in substance.

244. Recording executory contracts and powers of attorney.— An executory contract for the sale or purchase of real property, or an instrument containing a power to convey real property, as the agent or attorney for the owner of the property, acknowledged or proved, and certified, in the manner to entitle a conveyance to be recorded, may be recorded by the recording officer of any county in which any of the real property to which it relates is situated,

R. S. 2475, pt. II, ch. 3, § 39, unchanged in substance.

§ 245. Recording of letters patent.-Letters patent, issued under the great scal of the state, granting real property, may be recorded in the county where such property is situated, in the same manner and with like

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