D. REGISTRATION. WILLIAMS, REAL PROP., 242. In order to make a complete and unavoidable conveyance of lands situate in Middlesex or Yorkshire (including the town and county of Kingston-upon-Hull), a memorial of the deed of conveyance must be duly registered in the county register. The registration of deeds affecting lands in these counties was rendered necessary by statutes of the reigns of Anne and George II. These acts provided that all deeds should be adjudged fraudulent and void against any subsequent purchaser or mortgagee for valuable consideration, unless a memorial of such deeds were duly registered before the registering of the memorial of the deed under which such subsequent purchaser or mortgagee should claim. The Courts of Equity, however, held that a purchaser or mortgagee of land in a register county, who had had clear previous notice of a prior unregistered assurance affecting the same land, and yet registered his own deed before the other, should not be permitted to gain any priority. over the persons claiming under the previous assurance with regard to the equitable estate in the land; but should hold the legal estate which he acquired by priority of registration, as a trustee for such other persons. And this doctrine of equity still prevails with respect to land in Middlesex. N. Y. 2 R. S., 756, § 1. Every conveyance of real estate, within this State, hereafter made, shall be recorded in the office of the clerk of the county where such real estate shall be situated; and every such conveyance not so recorded shall be void as against any subsequent purchaser, in good faith and for a valuable consideration, of the same real estate, or any portion thereof, whose conveyance shall be first duly recorded. MASS. PUB. STAT., c. 120, sec. 4. 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 other than the grantor or lessor and his heirs and devisees and persons having actual notice of it, unless it is recorded in the registry of deeds for the county or district in which the real estate to which it relates is situated. 103 MASS. REP., 492. The formalities which shall be deemed indispensable to the valid conveyance of land are prescribed and regulated by statute. A deed duly signed, sealed and delivered is sufficient, as between the original parties to it, to transfer the whole title of the grantor to the grantee, though the instrument of conveyance may not have been acknowledged or recorded. The title passes by the deed, and not by the registration. No seisin remains in the grantor, and he has literally nothing in the premises which he can claim for himself, transmit to his heir at law, or convey to another person. But when the effect of the deed upon the rights of third persons, such as creditors or bona fide purchasers, is to be considered, the law requires something more, namely, either actual notice, or the further formality of registration, which is constructive notice. It may not be very logical to say that, after a man has literally parted with all his right and estate in a lot of land, there still remains in his hands an attachable and transferable interest in it, of exactly the same extent and value as if he had made no conveyance whatever. But, for the protection of bona fide creditors and purchasers, the rule has been established that although an unrecorded deed is binding upon the grantor, his heirs and devisees, and also upon all persons having actual notice of it, it is not valid and effectual as against any other persons. As to all such other persons, the unrecorded deed is a mere nullity. So far as they are concerned, it is no conveyance or transfer which the statute recognizes as binding on them, or as having any capacity adversely to affect their rights, as purchasers or attaching creditors. As to them, the person who appears of record to be the owner is to be taken as the true and actual owner, and his apparent seisin is not divested or affected by any unknown and unrecorded deed that he may have made. Gen. Sts., c. 89, s. 3.-Per Ames, J., in Earle v. Fiske (1870). Actions, real and personal, 8, 10; quare ejecit infra terminem, 12; ejectment, 287. Adams v. Ross, 226. Adams v. Savage, 374. Adverse possession, 457-469. Advowson, 14, 23, 27. Agricultural land, leases of, in New York, 136. Aids, 101, 104, 106; how affected by Stat. 12 Car. II, c. 24, 116, 117. Aliena solo, rights in, 22-37, 407-411, 525-529. Allodial property, 7, 38, 39, 45, 49, 207; in the United States, 131; Ancient demesne, 118. Anglo-Saxon law, 38, 44, 50, 51, 68, 124, 321, 450, 472. Annuities, 34. Appendant servitudes, 28, 29. Appointment, powers of. See Powers. Appurtenant servitudes, 28, 29. Assize, mort d'ancestor, 458, 467; novel disseisin, 61, 458, 467; Borough English, 85, 86. Boroughs, customs of, 85, 513. Bote. See Estovers. British laws, 449. Burgage tenure, 70, 85, 92. Burgess v. Wheate, 169, 367. C. personal, 16; Capite, tenant in, 49, 112, 114-117. Castle-gard, 81. Cestui que use, 150, 172. Chancellor, early functions of, 148. Chancery, court of, 149. Chattels, 12, 14, 17, 56; joint ownership of, 188; real, 12, 15, 284, 286. See Leaseholds. Chief rents, 35. Child, en ventre sa mere, 373. Chivalry, tenure in, 51, 69, 79, 80, 86, 93; abolished, 112. Chudleigh's Case, 140, 160, 346. Cole v. Lake Co., 227. Common, tenancy in, 186-191. Common, rights of, 23, 28-30, 499. Common recovery, 426-428. Condition, in deed and in law, 302; expressed and implied, 305; precedent and subsequent, 306; words proper to make, 309- Conditional estates, 300-315, 402; rights of entry in, 301, 401, 482- 485. Conditional fee, 210, 231-238. Conditional limitation, of life estate, 260; of fee simple, 333, 364; Connecticut, tenure in, 135. Conquest, Norman, effects of, 68. Consanguinity, rules of, 454. Contingent devises, 346-350, 401. Contingent remainders, 331, 333-346; of trust estates, 400, 401. Contingent uses, 346-350, 401. Continual claim, 417, 468. Conveyances, innocent, 484, 485 (see Grant); tortious, 482-485. Coparceners, 192. See Parcenary. Copyhold, 118, 121-129. Copyholders, 72. |