trust of any other person or persons, or of any body politic, by reason of any bargain, sale, feoffment, fine, recovery, covenant, contract, agreement, will or otherwise, by any manner of means whatsoever; in every such case, all and every such person or persons, and bodies politic, that have, or hereafter shall have any such use, confidence or trust, in fee simple, for term of life or for years, or otherwise, or any use, confidence or trust, in remainder or reversion, shall from thenceforth stand, and be seized, deemed and adjudged in lawful seizin, estate and possession of, and in the same messuages, lands, tenements, rents, services, reversions, remainders, and hereditaments, with their appurtenances, to all intents, constructions, and purposes in law, of and in such like estates, as they had or shall have in use, confidence, or trust of, or in the same; and that the estate, right, title and possession, that was or shall be in such person or persons, that were, or hereafter shall be seized of any lands, tenements or hereditaments, to the use, confidence, or trust of any such person or persons, or of any body politic, be from henceforth clearly deemed and adjudged to be in him, her or them, that have, or hereafter shall have such use, confidence or trust, after such quality, manner, form, and condition, as they had before, in or to the use, confidence or trust, that was or shall be in them." [Id., Sec. 3.]

"Any person claiming right or title to lands, tenements or hereditaments, although he she or they may be out of possession, and notwithstanding there may be an adverse possession thereof, may sell, convey and transfer his or her interest in and to the same, in as full and complete a manner as if he or she were in the actual possession of the lands and premises intended to be conveyed; and the grantee or grantees shall have the same right of action for the recovery thereof, and shall in all respects derive the same benefit and advantages therefrom, as if the grantor or grantors had been

in the actual possession at the time of executing the conveyance." [Id., Sec. 4.]

"No estate in joint tenancy in any lands, tenements, or hereditaments, shall be held or claimed under any grant, devise or conveyance whatsoever, heretofore or hereafter made, other than to executors and trustees, unless the premises therein mentioned shall expressly be thereby declared to pass, not in tenancy in common, but in joint tenancy; and every such estate, other than to executors or trustees, (unless otherwise expressly declared, as aforesaid,) shall be deemed to be in tenancy in common." [R. S., 104, Sec. 5.]

"In cases where, by the common law, any person or persons might hereafter become seized, in fee tail, of any lands, tenements or hereditaments, by virtue of any devise, gift, grant or other conveyance, hereafter to be made, or by any other means whatsoever, such person or persons, instead of being or becoming seized thereof in fee tail, shall be deemed and adjudged to be, and become seized thereof, for his or her natural life only, and the remainder shall pass in fee simple absolute, to the person or persons to whom the estate tail would, on the death of the first grantee, devisee or donee in tail, first pass, according to the course of the common law, by virtue of such devise, gift, grant or conveyance." [Id., Sec. 6.]

"If any person shall sell and convey to another, by deed or conveyance, purporting to convey an estate in fce simple absolute, in any tract of land or real estate, lying and being in this State, not then being possessed of the legal estate or interest therein at the time of the sale and conveyance; but after such sale and conveyance, the vender shall become possessed of, and confirmed in the legal estate, to the land or real estate so sold and conveyed, it shall be taken and held to be in trust, and for the use of the grantee or vendee; and the conveyance aforesaid shall be held and taken, and shall be as valid as if the grantor or vendor had the legal estate or

interest at the time of said sale or conveyance." [Id., Sec. 7.]

"Every person in the actual possession of lands or tenements, under claim and color of title, made in good faith, and who shall for seven successive years continue in such possession, and shall also, during said time, pay all taxes legally assessed on such lands or tenements, shall be held and adjudged to be the legal owner of said lands or tenements, to the extent and according to the purport of his or her paper title. All persons holding under such possession by purchase, devise or descent, before said seven years shall have expired, and who shall continue such possession, and continue to pay the taxes as aforesaid, so as to complete the possession and payment of taxes for the term aforesaid, shall be entitled to the benefit of this section." [Id., Sec. 8.]

"Whenever a person having color of title, made in good faith, to vacant and unoccupied land, shall pay all taxes legally assessed thereon, for seven successive years, he or she shall be deemed and adjudged to be the legal owner of said vacant and unoccupied land, to the extent and according to the purport of his or her paper title. All persons holding under such taxpayer by purchase, devise or descent, before said seven years shall have expired, and who shall continue to pay the taxes as aforesaid, so as to complete the payment of taxes for the term aforesaid, shall be entitled to the benefit of this section: Provided, however, if any person having a better paper title to said vacant and unoccupied land, shall, during the said term of seven years, pay the taxes assessed on said land for any one or more years of the said term of seven years, then, and in that case, such taxpayer, his heirs and assigns, shall not be entitled to the benefit of this section." [Id., Sec. 9.]

"The two preceding sections shall not extend to lands or tenements owned by the United States or this State, nor to school and seminary lands, nor to lands held for the use of

religious societies, nor to lands held for any public purpose; nor shall they extend to lands or tenements when there shall be an adverse title to such lands or tenements, and the holder of such adverse title is under the age of twentyone years, insane, imprisoned, femme covert, out of the limits of the United States, and in the employment of the United States or of this State: Provided such person shall commence an action to recover such lands or tenements so possessed as aforesaid, within three years after the several disabilities herein enumerated shall cease to exist, and shall prosecute such action to judgment; or, in case of vacant and unoccupied land, shall within the time last aforesaid, pay to the person or persons who have paid the same, all the taxes, with interest thereon, at the rate of twelve per cent per annum, that have been paid on said vacant and unoccupied land." [Id.,.Sec. 10.]

"All deeds whereby any estate of inheritance in fee simple shall hereafter be limited to the grantee and his heirs, or other legal representatives, the words "grant," "bargain," "sell,” shall be adjudged an express covenant to the grantee, his heirs, and other legal representatives, to wit: that the grantor was seized of an indefeasible estate, in fee simple, free from incumbrances, done or suffered from the grantor, except the rents and services that may be reserved, as also for quiet enjoyment against the grantor, his heirs and assigns, unless limited by express words contained in such deed. And the grantee, his heirs, executors, administrators and assigns, may in any action åssign breaches, as if such covenants were expressly inserted: Provided, always, that this law shall not extend to lease at rack rent, or leases not exceeding one and twenty years, where the actual possession goes with the lease." [R. S., 105, Sec. 10.]

"Every deed conveying real estate which by anything therein contained shall appear to have been intended only as a security in the nature of a mortgage, though it be an

absolute conveyance in terms, shall be considered as a mortgage. [Id., Sec. 12.]

"Every estate in lands, which shall be granted, conveyed or devised to one, although other words, heretofore necessary to transfer an estate of inheritance, be not added, shall be deemed a fee simple estate of inheritance, if a less estate be not limited by express words, or do not appear to have been granted, conveyed or devised by construction or operation of law." [Id., Sec. 13.]

"When an estate hath been, or shall be, by any conveyance limited in remainder to the son or daughter, or to the use of the son or daughter of any person, to be begotten, such son or daughter, born after the decease of his or her father, shall take the estate in the same manner as if he or she had been born in the lifetime of the father, although no estate shall have been conveyed to support the contingent remainder after his death." [Id., Sec. 4.]

"All aliens residing in this State may take by deed, will or otherwise, lands and tenements, and any interest therein, and alienate, sell, assign and transmit the same to their heirs or any other persons, whether such heirs or other persons be citizens of the United States or not, in the same manner as natural born citizens of the United States, or of this State, might do; and upon the decease of any alien having title to, or interest in, any lands or tenements, such lands and tenements shall pass and descend in the same manner as if such alien were a citizen of the United States, and it shall be no objection to any person having an interest in such estate, that they are not citizens of the United States; but all such persons shall have the same rights and remedies, and in all things be placed on the same footing, as natural born citizens and actual residents of the United States."* [Id., 47, Sec. 1.]

* The Legislatures of the States respectively have the right to regulate estates by enactment, under the restrictions of their constitutions, and that of the General Government. [9 Wheaton, 565.]