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TITLE 2 vest in, and may be executed by any person, who, by assignment or otherwise, shall become entitled to the money so secured to be paid. $134. The provisions of this Article shall not extend to a simple power of attorney, to convey lands in the name, and for the benefit, of the owner.

Application

of this article.

Terms

"L grantor of

a power,"

and "granteo

$135. The term "grantor of a power," is used in this Article, as designating the person by whom a power is created, whether by grant of a power" or devise; and the term "grantee of a power," is used as designating the person in whom a power is vested, whether by grant, devise or reservation.

defined.

Livery of

Beisin.

Grants in fee or of free

holds, how executed;

effect.

ARTICLE FOURTH.

Of Alienation by Deed.

SEC. 136. Feoffment with livery of seisin, abolished.

137. Grants in fee or of freeholds, how executed; when to take effect.

133. Delivery essential to grants.

139. Covenants not implied in mortgages; remedy of mortgagee.

140. No covenants to be implied in conveyances of real estate.

141. Lineal and collateral warranties abolished; liability of heirs, &c.
142. Deeds of bargain and sale, and of lease and release, deemed grants.
143. No greater estate to pass by a conveyance, than such as grantor had.
144. Grants conclusive against certain purchasers.

145. Conveyances of greater estate by tenant for life or for years.
146. Conveyances of lands occupied, when valid without attornment.
147. Grant of lands possessed by claimant under adverse title, void.
148. But mortgages of such lands may be given; effect thereof.

$136. The mode of conveying lands by feoffment with livery of seisin, is abolished.

S137. Every grant in fee or of a freehold estate, shall be subscribed and sealed by the person from whom the estate or interest conveywhen to take ed is intended to pass, or his lawful agent; if not duly acknowledged, previous to its delivery, according to the provisions of the third Chapter of this Act, its execution and delivery shall be attested by at least one witness; or if not so attested, it shall not take effect as against a purchaser or incumbrancer, until so acknowledged.

Delivery.

Covenants in

S 138. A grant shall take effect, so as to vest the estate or interest intended to be conveyed, only from its delivery; and all the rules of law now in force in respect to the delivery of deeds, shall apply to grants hereafter to be executed.

$139. No mortgage shall be construed as implying a covenant for morigages. the payment of the sum intended to be secured; and where there shall Remedies of be no express covenant for such payment, contained in the mortgage,

mortgagee.

Covenants in

and no bond or other separate instrument to secure such payment, shall have been given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

$140. No covenant shall be implied in any conveyance of real esconveyances. tate, whether such conveyance contain special covenants or not.

Lineal and

warranties.

$141. Lineal and collateral warranties, with all their incidents, ART. 4. are abolished; but the heirs and devisees of every person who shall have made any covenant or agreement, shall be answerable upon such collateral covenant or agreement, to the extent of the lands descended or devised to them, in the cases and in the manner prescribed by law.15 $142. Deeds of bargain and sale, and of lease and release, may Certain deeds continue to be used, and shall be deemed grants; and as such, shall be grants. subject to all the provisions of this Chapter, concerning grants.

declared

tain convey

S 143. No greater estate or interest shall be construed to pass by Effect of cerany grant or conveyance, hereafter executed, than the grantor himself ances. possessed at the delivery of the deed, or could then lawfully convey, except that every grant shall be conclusive as against the grantor and his heirs claiming from him by descent.

clusive on

S 144. Every grant shall also be conclusive as against subsequent How far con purchasers from such grantor, or from his heirs claiming as such, ex- purchasers. cept a subsequent purchaser, in good faith and for a valuable consideration, who shall acquire a superior title by a conveyance that shall have been first duly recorded.

by tenants for

$145. A conveyance made by a tenant for life or years of a greater Conveyances estate than he possessed or could lawfully convey, shall not work a for- life or for feiture of his estate, but shall pass to the grantee all the title, estate or interest, which such tenant could lawfully convey.

years.

Attornment

when unne

Liabilities of

$146. Where any lands or tenements shall be occupied by a tenant, a conveyance thereof, or of the rents or profits, or of any other by tenant, interest therein, by the landlord of such tenant, shall be valid without cessary. any attornment of such tenant to the grantee; but the payment of rent to such grantor, by his tenant, before notice of the grant, shall be bind-tenant. ing upon such grantee; and such tenant shall not be liable to such grantee for any breach of the condition of the demise, until he shall have had notice of such grant.1

16

of land ad

$147. Every grant of lands shall be absolutely void, if at the time Conveyance of the delivery thereof, such lands shall be in the actual possession of versely posa person claiming under a title adverse to that of the grantor. 17

sessed.

may be given

$148. But every person having a just title to lands, of which there Mortgages shall be an adverse possession, may execute a mortgage on such lands; and such mortgage, if duly recorded, shall bind the lands from the Effect thereof time the possession thereof shall be recovered, by the mortgagor or his representatives. And every such mortgage shall have preference Priority of over any judgment or other instrument, subsequent to the recording thereof; and if there be two or more such mortgages, they shall severally have preference according to the time of recording the same respectively.

(15) 1 R. L. p. 525, § 26. (16) Ib. § 25. (17) Ib. p. 173, § 8.

lien.

TITLE 3.

Dower of widows.

Widows of aliens.

Dower in

case of exchange of lands.

Lands mort

gaged before marriage.

In lands mortgaged

TITLE III.

OF ESTATES IN DOWER.

SEC. 1. Of what widows shall be endowed.

2. Widows of aliens, if inhabitants, entitled to dower.

3. Dower in case of exchange of lands.

4. Dower in lands mortgaged before marriage.

5. In lands mortgaged for purchase money.

6. Claim to one-third of surplus proceeds of sale, in such case.

7. Widow of mortgagee not entitled to dower.

8. Dower forfeited by divorce for her misconduct.

9. Settlements by jointure, with her assent, to bar dower.

10. How her assent to jointure to be evidenced.

11. Pecuniary provision in lieu of dower, when to bar it.
12. If jointure, &c. made without her assent, she to elect.

13. If provision in lieu of dower be made by will, to elect.

14. Deemed to have elected, unless she enter or sue, within a year.

15. Jointures, &c. in lieu of dower, forfeited in same cases as dower.

16. Acts of husband, judgments, &c. not to affect right to dower, &c.

17. Widow entitled to remain in husband's house 40 days.

18. Widow to demand her dower within 20 years after husband's death; exceptions. 19. When entitled to damages, on recovering dower.

20. Measure of such damages in different cases.

21. Not to be estimated on certain improvements.

22. Damages against heir for land aliened by him.

23. Assignment of dower in satisfaction, to bar further claim.

24. Infant heirs not to be prejudiced by a collusive recovery of dower.

25. Widow may bequeath crops growing in her dower-land.

$1. A widow shall be endowed of the third part of all the lands, whereof her husband was seised of an estate of inheritance, at any time during the marriage.18

$2. The widow of any alien, who, at the time of his death, shall be entitled by law to hold any real estate, if she be an inhabitant of this state, at the time of such death, shall be entitled to dower, of such estate, in the same manner as if such alien had been a native citizen.

$3. If a husband, seised of an estate of inheritance in lands, exchanges them for other lands, his widow shall not have dower of both, but shall make her election, to be endowed of the lands given, or of those taken, in exchange; and if such election be not evinced by the commencement of proceedings to recover her dower of the lands given in exchange, within one year after the death of her husband, she shall be deemed to have elected to take her dower of the lands received in exchange.

S4. Where a person seised of an estate of inheritance in lands, shall have executed a mortgage of such estate, before marriage, his widow shall nevertheless be entitled to dower out of the lands mortgaged, as against every person except the mortgagee and those claiming under him.

$5. Where a husband shall purchase lands during coverture, and for purchase shall at the same time mortgage his estate in such lands to secure the

money.

(18) 1 R. L. p. 56, § 1.

payment of the purchase money, his widow shall not be entitled to TITLE 3. dower out of such lands, as against the mortgagee or those claiming under him, although she shall not have united in such mortgage, but she shall be entitled to her dower as against all other persons.

extent of

of

$6. Where, in such case, the mortgagee, or those claiming under In such case, him, shall, after the death of the husband of such widow, cause the claim to surland mortgaged to be sold, either under a power of sale contained in plus proceeds the mortgage, or by virtue of the decree of a court of equity, and any surplus shall remain, after payment of the monies due on such mortgage and the costs and charges of the sale, such widow shall nevertheless be entitled to the interest or income of the one-third part of such surplus, for her life, as her dower.

Widow of

$7. A widow shall not be endowed of lands conveyed to her husband by way of mortgage, unless he acquire an absolute estate there- mortgagees. in, during the marriage.

S8. In case of divorce, dissolving the marriage contract, for the When dower misconduct of the wife, she shall not be endowed. 19

forfeited.

by jointure.

$ 9. Whenever an estate in lands shall be conveyed to a person when barred and his intended wife, or to such intended wife alone, or to any person in trust for such person and his intended wife, or in trust for such wife alone, for the purpose of creating a jointure for such intended wife, and with her assent, such jointure shall be a bar to any right or claim of dower of such wife, in any lands of the husband.20

her assent.

$10. The assent of the wife to such jointure shall be evidenced, Evidence of if she be of full age, by her becoming a party to the conveyance by which it shall be settled; if she be an infant, by her joining with her father or guardian in such conveyance.

barred by

$11. Any pecuniary provision that shall be made for the benefit of When dower an intended wife and in lieu of dower, shall, if assented to by such in- pecuniary tended wife, as above provided, be a bar to any right or claim of dower of such wife in all the lands of her husband.

provision.

elect between

jointure, &c.

and dower.

$12. If before her coverture, but without her assent, or if after When to her coverture, lands shall be given or assured for the jointure of a wife, or a pecuniary provision be made for her, in lieu of dower, she shall make her election whether she will take such jointure or pecuniary provision, or whether she will be endowed of the lands of her husband, but she shall not be entitled to both.20

tween devise,

dower.

$ 13. If lands be devised to a woman, or a pecuniary or other pro- When bevision be made for her by will, in lieu of her dower, she shall make &c. and her election whether she will take the lands so devised, or the provision so made, or whether she will be endowed of the lands of her husband.

(19) 1 R. L. p. 53, § 7, and 2 R. L. p. 196, § 8. (20) 1 R. L. p. 58 & 59, § 8 & 9.

When deemed to have

TITLE 3. $ 14. When a woman shall be entitled to an election, under either of the two last sections, she shall be deemed to have elected to take such jointure, devise or pecuniary provision, unless within one year after the death of her husband she shall enter on the lands to be assigned to her for her dower, or commence proceedings for the recovery or assignment thereof.

elected.

When jointure, &c. forfeited.

Right to dowel, &c. not

acts of hus

judgments,

&c. against

him.

$ 15. Every jointure, devise and every pecuniary provision in lieu of dower, shall be forfeited by the woman for whose benefit it shall be made, in the same cases in which she would forfeit her dower; and upon such forfeiture, any estate so conveyed for jointure, and every pecuniary provision so made, shall immediately vest in the person or his legal representatives, in whom they would have vested on the determination of her interest therein, by the death of such woman.

S 16. No act, deed or conveyance, executed or performed by the afected by husband, without the assent of his wife, evidenced by her acknowband, nor by ledgment thereof, in the manner required by law to pass the estates of married women, and no judgment or decree confessed by or recovered against him, and no laches, default, covin or crime of the husband, shall prejudice the right of his wife to her dower or jointure, or preclude her from the recovery thereof, if otherwise entitled thereto.21 $ 17. A widow may tarry in the chief house of her husband, forty house 40 days days after his death, whether her dower be sooner assigned to her or not, without being liable to any rent for the same, and in the mean time she shall have her reasonable sustenance out of the estate of her husband.22

May remain in husband's

Dower to be demanded within 20 years, &c.

When to recover dama

ges.

Measure of damages;

against heir;

against oth

ers.

$ 18. A widow shall demand her dower within twenty years after the death of her husband; but if, at the time of such death, she be under the age of twenty-one years, or insane, or imprisoned on a criminal charge or conviction, the time during which such disability continues, shall not form any part of the said term of twenty years.

23

$ 19. Whenever in any action brought for the purpose, a widow shall recover her dower in lands of which her husband shall have died seised, she shall be entitled also to recover damages for the withholding of such dower.24

S 20. Such damages shall be one-third part of the annual value of the mesne profits of the lands, in which she shall so recover her dower, to be estimated in a suit against the heirs of her husband, from the time of his death; and in suits against other persons, from the time of her demanding her dower of such persons; and in all cases to be estimated to the time of recovering judgment for such damages, but not to exceed six years in the whole, in any case.

(21) 1 R. L. p. 57 & 59, § 4 & 10. (22) Ib. § 1. (23) Ib. p. 60, § 1. (24) Ib. p. 57, § 2.

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