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eighteen hundred and sixteen, That we do, for ourselves and posterity, agree, determine, declare, and ordain, that we will, and do hereby, accept the propositions of the Congress of the United States, as made and contained in their act of the nineteenth day of April, eighteen hundred and sixteen, entitled "an act to enable the people of the Indiana territory to form a State government and constitution, and for the admission of such State into the Union, on an equal footing with the original States.
“And we do, further, for ourselves and our posterity, hereby ratify, confirm, and establish, the boundaries of the said State of Indiana, as fixed, prescribed, laid down, and established, in the act of Congress aforesaid ; and we do, also, further, for ourselves and our posterity, hereby agree, determine, declare, and ordain, that each and every tract of land sold by the United States, lying within the said State, and which shall be sold from and after the first day of December next, shall be and remain exempt from any tax laid by order, or under any authority of the said State of Indiana, or by or under the authority of the General Assembly thereof, whether for State, county, or township, or any other purpose whatever, for the term of five years from and after the day of sale of any such tract of land ; and we do, moreover, for ourselves and our posterity, hereby declare and ordain, that this ordinance, and every part thereof, shall forever be and remain irrevocable and inviolate, without the consent of the United States, in Congress assembled, first had and obtained for the alteration thereof, or any part thereof." (R. S. Indiana, 37.]
V. THE CONSTITUTION OF INDIANA.
The Constitution of Indiana was adopted in a convention of delegates, held at Corydon, on the 29th day of June, eighteen hundred and sixteen. Unlike that of New York, it makes no mention of tenures, or estates in land. [See App.)
VI. LAND TITLES GENERALLY IN INDIANA.
The general character of land titles in the States erected from the territory northwest of the Ohio was indicated in the preceding chapter ; but the nature and divisions of estates in land are set forth only in the following sections of the Statute.
"All estates tail are abolished : and all estates which, according to the common law, would be adjudged a fee tail, shall hereafter be adjudged a fee simple; and if no valid remainder shall be limited thereon, shall be a fee simple absolute." [R. S. 424, Sec. 56.]
" Where a remainder in fee shall be limited upon any estate which would be adjudged a fee tail, according to the law as it existed prior to the abolition of estates tail in this State, such remainder shall be valid as a contingent limitation upon a fee, and shall vest in possession, on the death of the first taker without issue, living at the time of such death. [Id., Sec. 57.]
“ A future estate shall be deemed and construed to be any estate limited to commence in possession at a future day, either without the intervention of a precedent estate, or on the determination,' by lapse of time or otherwise, of any precedent estate, created at the same time, and when any such future estate is dependent on a precedent estate, it may be termed a remainder.” [Id., Sec. 58.]
"A freehold estate, as well as a chattel real, may be created to commence at a future day; and an estate for life may
be created in a term of years, and a remainder limited thereon; a remainder of a freehold, or a chattel real, either contingent or vested, may be created, expectant on the determination of a term of years, and a fee may be limited on a fee, upon a contingency, which, if it should occur, must happen within the period prescribed in this article." [Id., Sec. 59.]
“Two or more future estates may be created, to take effect
in the alternative, so that, if the first in order shall fail to vest, the next in succession shall be substituted for it, and take effect accordingly." [Id., Sec. 60.]
“A remainder may be limited on a contingency, which, in case it should happen, will operate to abridge or determine the precedent estate; and every such remainder shall be construed a conditional limitation, and shall have the same effect as such a limitation would have by law." [Id., Sec. 61.)
“No future estate otherwise valid shall be void, on the ground of the probability or improbability of the contingency on which it is limited to take effect.” [Id., Sec. 62.]
"No remainder, valid in its creation, shall be defeated by the determination of the precedent estate, before the happening of the contingency on which the remainder is limited to take effect; but should such contingency afterwards happen, the remainder shall take effect in the same manner and to the same extent as if the precedent estate had continued to the same period.” [Id., Sec. 63.]
“A conveyance made by a tenant for life or years, purporting to grant or convey a greater estate than he possessed, or could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee or alienee all the estate which the tenant could lawfully convey." [Id., Sec. 64.]
“No expectant estate shall be barred by any alienation, or other act of the owner of the precedent estate, nor by any destruction of such precedent estate by disseisin, or the forfeiture, surrender, or merger thereof." [Id., Sec. 65.]
“The absolute power of aliening real estate shall not be suspended by any limitation or condition whatever, contained in any grant, conveyance, or devise, for a longer period than during the existence of a life, or any number of lives, in being at the creation of the estate conveyed, granted, or devised, and therein specified, with the exception that a contingent remainder in fee may be created on a prior remainder in see, to take effect in the event that the person or persons
to whom the first remainder is limited shall die under the age of twenty-one years, or upon any other contingency by which the estate of such person or persons may be determined, before they attain their full age.” (Id., Sec. 66.]
“Where a remainder for life shall be limited on any other than a life or lives in being at the creation of such estate, all the life estates, subsequent to those persons entitled to take life estates, according to the provisions of the last preceding section shall be void; and upon the death of those persons entitled to take, the remainder shall take effect, in the same manner as if such void estates had not been created.” [Id., Sec. 67.]
“No remainder shall be created upon an estate for the life of any other person or persons than that of the grantee or devisee of such estate, unless such remainder be an estate in fee; nor shall any remainder be created upon such an estate for life, in a term for years, unless such remainder be for the whole residue of the term." [Id., Sec. 68.]
" When a remainder shall be created upon any such life estate as is specified in the last preceding section, and more persons shall be named, as the persons during whose lives the life estate shall continue, than were in being at the creation of such estate, such remainder shall take effect upon the death of the persons entitled, under the conveyance, grant, or devise, according to the provisions of this article, in the same manner as if no other lives had been introduced therein. [Id., Sec. 69.]
"A contingent remainder shall not be created on a term of years, unless the nature of the contingency on which such remainder is limited be such, that the remainder must vest in interest, during the continuance of one or more lives, in being at the creation of such remainder, or at the termination of said lives; and no estate for life shall be limited, as a remainder on a term of years, except to a person in being at the creation of such estate." [Id., Sec. 70.]
“All the provisions contained in this article, respecting fu
ture estates, shall be construed to apply to limitations of chattels real, as well as of freehold estates, so that the absolute ownership of a term of years shall not be suspended for a longer period than the absolute power of alienation can be suspended, in respect to a fee.” [Id., Sec. 71.]
“The delivery of the deed, where an expectant estate is created by deed, and the death of the testator, where it is created by devise, shall be deemed the time of the creation of the estate.” (Id., Sec. 72.]
" Where a remainder shall be limited to take effect on the death of any person without heirs, or heirs of his body, or without issue, the words "heirs" or "issue" shall be construed to mean heirs or issue living at the death of the person named as ancestor." [Id., Sec. 73.]
“Where a future estate shall be limited to heirs, or issue, or children, posthumous children shall be entitled to take the estate, in the same manner as if born before the death of their parent; and any future estate depending on the contingency of the death of any person without heirs, or issue, or children, shall be defeated by the birth of a posthumous child of such person, capable of taking by descent." [Id., Sec. 74.]
EXECUTION OF DEEDS AND MORTGAGES OF LAND
By the Revised Statutes of Indiana, all conveyances of land, or of any estate or interest therein, except leases for a term not exceeding three years, are required to be by deed, in writing, subscribed and sealed by the person from whom the lands, estate, or interest conveyed is intended to pass, or by his lawful attorney; and that if a deed be not ackuowledged previous to its delivery, an attesting witness is necessary. [R. S., 416, Sec. 16, 17.] A verbal transfer of land is void. The same rule concerning the form and execution of deeds obtains in Indiana that controls in New-York, except that here the sealing may be done with ink. The provision of