Act of February 24, 1819-January 1, 1820. R, C. ch. 99.

clerk of the proper court, to be recorded, and from that time only :(6) Provided, however, That if two or more deeds embracing the same property, after having been so acknowledged, proved or certified, be delivered to the clerk, to be recorded on the same day, that which was first sealed and delivered,(7) shall have preference in law. Alt. from ibid. at Rev. 1819.

20. § 20. All alienations and warranties of lands, tenements or hereditaments, made by any, purporting to pass or assure a greater right or estate than such person may lawfully pass or assure, shall operate as alienations or warranties of so much of the right and estate, in such lands, tenements or hereditaments, as such person might lawfully convey, but shall not pass or bar the residue of the said right, or estate, purporting to be conveyed or assured; 'nor shall the alienation of any particular estate, on which any remainder may depend, whether such alienation be by deed or will, nor shall the union of such particular estate, with the inheritance, by purchase or by descent, so operate, by merger or otherwise, as to defeat, impair, or in any wise affect such remainder.' 1785, c. 67, 12 Stat. Larg. 166; c. 13, R. C.

21. § 21. But, if the deed of the alienor doth mention, that he and his heirs be bound to warranty, and if any heritage descend to the demandant of the side of the alienor, then he shall be barred for the value of the heritage that is to him descended. And, if, in time after, any heritage descend to him, by the said alienor, then shall the tenant recover against him, of the seisin warranted, by judicial writ, that shall issue out of the rolls of the justices, before whom the plea was pleaded, to re-summon his warranty, as before hath been done in cases where the warrantor cometh into the court, saying that nothing descended from him by whose deed he is vouched. Ibid.

22. 27. Every estate in lands, which shall hereafter be granted, conveyed, or devised(q) to one, although other words heretofore necessary to transfer an estate of inheritance be not added, shall be deemed a fee simple, 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.* 1785, c. 62, 12 Stat. Larg. 157; c. 90, R. C.

not binding on her until acknowledged, and her subsequent acknowledgment does not relate back to the date of the deed. The deed takes its efficacy only from the period of her acknowledgment. Jackson v. Stevens, 16 Johns. Rep. 110.

A deed of land takes effect only from its delivery; although signed, sealed and ac-knowledged, if it be not actually delivered by the grantor during his life, nothing passes by it. Jackson ex dem. Hopkins v. Leck, 12 Wend. 105. See remarks of Pres. Tucker on the subject of delivery, 8 L. 281, &c.; 4 Munf. 279; Colquhoun v. Atkinsons, 6 Munf. 550; Harvey et al. v. Alexander et al. 1 Randolph, 219, 240-1.

(6) A deed dated in April 1804, and the execution thereof attested by witnesses, is not recorded within eight months from its date; but in April 1805, the grantor acknowledges the deed in open court, and on such acknowledgment it is ordered to be recorded: Held, on the construction of the stat. of conv. of 1792, c. 90, § 1, 4, (old Rev. Code,) such acknowledgment of the deed in court, is to be taken as a re-execution of the deed, so as to make it a deed as of the date of such acknowledgment, and so the

deed is well recorded within eight months from the time of the execution, and is valid against grantor's creditors. Roanes v. Archer, 4 Leigh, 550.

(7) Three several deeds of trust, of the same subject, to secure several debts due to the several creditors, are executed on the same day, in quick succession; they are all proved and delivered to the clerk to be recorded, also on the same day, and in the same order in which they were executed; there being no design and no express agreement, that any one of the deeds should have priority over the others, or that they should all stand on equal footing: Held, on the construction of this sec. that the deed first executed, is entitled to priority over the other deeds. Naylor v. Throckmorton et al. 7 Leigh, 98.

(q) Wyatt v. Sadler's heirs, 1 Munf. 537; Johnson v. Johnson, Ib. 549; Mooberry et al. v. Marye, 2 Munf. 453; Engle v. Burns, 5 Call, 463.

* Í have considered this law as meaning simply to dispense with words of inheri tance, and transferring the fee, in those cases, where before, for want of such words, an estate for life only would pass. But I

CONVEYANCES.

Act of February 24, 1819-January 1, 1820. R. C. ch. 99.

23. 29. By deed of bargain and sale, or by deeds of lease and release, or by covenant to stand seised to the use, or deed operating by way of covenant to stand seised to use, (2) the possession of the bargainor, releasor, or covenantor shall be deemed heretofore to have been, and hereafter to be, transferred to the bargainee, releasee or person entitled to the use, for the estate or interest, which such person hath or shall have in the use, as perfectly as if the bargainee, releasee or person entitled to the use, had been enfeoffed, with livery of seisin,(r) of the land intended to be conveyed by such deed or 27 Hen. 8, c. 10, and ibid.

covenant.

24. § 28.-Hereafter, an estate of freehold or of inheritance may be made to commence in futuro by deed in like manner as by will. Rev. 1819.

25. § 30. Estates of every kind, holden or possessed in trust, shall be subject to like debts and charges of the persons, to whose use or to whose benefit they were, or shall be respectively holden or possessed, as they would have been subject to, if those persons had owned the like interest in the things holden or possessed, as they own or shall own in the uses or trusts thereof.(1) 1785, c. 62, 12 Stat. Larg. 157; c. 90, R, C.; 29 Car. 2, c. 3.

26. § 32. Grants of rents, or of reversions, or remainders, shall be good and effectual, without attornments of the tenants; but no tenant who, before notice of the grant, shall have paid the rent to the grantor, shall suffer any damage thereby. 4 Ann. c. 16, § 9, and ibid.(a)

27. § 33. The attornment of a tenant to any stranger, shall be void, unless it be with the consent of the landlord of such tenant, or pursuant to, or in consequence of, the judgment of a court of law, or the order or decree of a court of equity. 11 Geo. 2, c. 19, and ibid.

28. § 34. All conveyances by commissioners and sheriffs, hereafter to be made, for lands sold in virtue of any decree or judgment of any court within this commonwealth, shall be, and they are hereby declared to be, good and effectual, for passing the absolute title to such lands, to the purchasers thereof, and all persons claiming under them, any law to the contrary notwithstanding; saving to the commonwealth, and to all and every person and persons, bodies politic and corporate, their respective heirs and successors, other than the parties to such conveyances, decrees or judgments, and those claiming under them, all such right, title, interest and demand, as they, every or any of them, would have had in case this act had not been made.(s) 1792, c. 90, R. C.

never supposed it was intended by it, to
break up from their foundation, the ancient
and general rules of construction, and con-
vert those into words of purchase, which for
centuries, had been settled as words of li-
mitation. Pr. Carr, J. in del'g op. of court
in Ball v. Payne, 6 Rand. 73, 77; and see
Bramble v. Billups, 4 Leigh, 90; Doe dem.
See v. Craigen, 8 Leigh, 449.

(2) It seems that uses created by devise
Bass et ux. et al.
are not within this law.
v. Scott et al. 2 Leigh, 356; but see Repor-
ter's note, 359.

(r) See Duval v. Bibb, 3 Call, 362; Tabb
v. Baird, Ib. 475, in which Duval v. Bibb is
explained by Roane, J.; Clay v. White et al.
1 Munf. 162; Birthright lessee of Hall v.
Hall, 3 Munf. 536; Hopkins et al. v. Ward
et al. 6 Munf. 38; Williams v. Jackson, 5
Johns. R. 489.

(1) See Claytor v. Anthony, 6 Rand. 285; Scott v. Scholey et al. 6 East, 467; Metcalf

et al. v. Scholey et al. 5 Bos. & Pul. 461; Coutts v. Walker, 2 Leigh, 280.

(a) Lumley v. Hodgson, 16 East, 99.

(s) Sheriff's, commissioners, &c., being clothed with a mere naked power, not coupled with an interest, the law requires that every pre-requisite to the exercise of such power should precede its exercise; and he who claims under, and by virtue of, the exWilliams et ercise of such power, must shew affirmatively, that every pre-requisite required by law has been complied with. al. v. Peyton's lessee, 4 Wheat. 77-83; Christy v. Minor, 4 Munf. 431; Den v. Wright et al. 1 Peters's R. 64-6; Turner v. M'Crea, 1 Nott & M'Cord, 11; Nalle's rep's v. Fenwick, surv'g part. 4 Rand. 585; Leigh, 329; Allen et al. v. Smith, 1 Leigh, 231; Chapman v. Doe c. e. Bennett, Gibson's heirs v. Jones et al. 5 Leigh, 370; Tennant's heirs v. Pattons, 6 Leigh, 196; Wilsons v. Doe c. e. Bell, 7 Leigh, 22.

Act of December 8, 1792-October 1, 1793. R. C. ch. 100.

29. § 1. 2. All deeds, executed out of the jurisdiction of this state, if acknowledged by the party or parties making the same, or proved by the number of witnesses requisite, before any court of law, or the mayor, or other chief magistrate of any city, town, or corporation of the country in which the party or parties shall dwell, certified by such court, or mayor, or chief magistrate, in the manner such acts are usually authenticated by them;(1) and all policies of insurance, charter parties, powers of attorney, (2) foreign judgments, specialties on record, registers of births and marriages, as have been, or shall be made, executed, entered into, given and enregistered in due form, according to the laws of such state, kingdom, nation, province, island or colony, and attested by a notary public, with a testimonial from the proper officer of the city, county, corporation, or borough, where such notary public shall reside, or the great seal of such state, kingdom, province, island, colony, or place beyond sea, shall be evidence in all the courts of record within this commonwealth, as if the same had been proved in the said courts. From Oct. 1776, c. 16, 9 Stat. Larg. 207; 1785, c. 62, 12 Stat. Larg. 155; c. 90, R. C.(t)

30. § 3. Nothing in this act contained, shall be construed in any manner to alter the method of taking and certifying the privy examination of any feme covert, or in any other respect to alter or repeal the act for regulating conveyances. [Feb. 24, 1819.] Ibid. Ante, No. 8.

Act of December 6, 1786-July 1, 1787. R. C. ch. 103.

31. § 1. No person shall convey or take, (u) or bargain to convey or take, any pretensed title to any lands or tenements, unless the person conveying or bargaining to convey, or those under whom he claims, shall have been in possession of the same, or of the reversion or remainder thereof, one whole year next before; and he who offendeth herein, knowingly, shall forfeit the whole value of the lands or tenements; the one moiety to the commonwealth, and the other to him who will sue as well for himself as for the commonwealth. But any person, lawfully possessed of lands or tenements, or of the reversion or remainder thereof, may nevertheless take or bargain to take the pretensed title of any other person, so far, and so far only, as it may confirm his former estate.(v) 12 Stat. Larg. c. 51, p. 335; 32 Hen. 8, c. 9, § 3.

(1) See Lockridge v. Carlisle, 2 Leigh, 186.

(2) See ante, No. 7, note t, act of Feb. 26, 1828, Ses. Acts, 1827-8, c. 28, p. 22; Sup. R. C. c. 155, p. 213.

(t) See Acts of Cong. May 26, 1790, 2 vol. 102; Mar. 27, 1804, 3 vol. 621, (Colv. ed.) and note (hh) ante, tit. CONST. U. S. act iv. § 1; and tit. RECORDS, &c.

(u)"The court were of opinion in the case of Duval v. Bibb, (3 Call, 362,) that this act imposed a penalty, but did not avoid a conveyance." Roane, J. in Tabb v. Baird, 3 Call, 481.

See Hitchins v. Lander, Cooper's Ch. Cas. 34, where a plea of the act of 32

Hen. 8, was successfully opposed to a bill for discovery. The form of the plea is given, p. 35-7.

But an equitable interest under a contract of purchase, may be the subject of sale. Wood v. Griffith, 1 Swanst. R. 55-6; 1 Wilson, 34, S. C.

This statute does not prohibit the sale and purchase of equitable rights in land. Allen et al. v. Smith, 1 Leigh, 231. See Wall v. Stubbs, 1 Madd. R. 80.

See Partridge v. Strange et al. 1 Plow. 77-88.

(v) See Wilcox v. Calloway, 1 Wash. 38; Cluggage et al. v. Duncan's lessee, 1 Serg. & Raw. 111, 123.

TRUST ESTATES, (when may be sold.)*

Act of January 20, 1832, c. 70, p. 57. Sup. R. C. c. 150, p. 208-9.

1. Where any person or persons, for whose benefit any estate is held in trust, or the trustees holding any estate for the use of others, shall think that his or her interest or the interest of those for whose use the estate is held, will be promoted by a sale of the estate or any part thereof, it shall be lawful for such person or persons to exhibit his, her, or their bill for that purpose in the county or corporation court or in the superior court of law and chancery for that county or corporation in which the said estate or part thereof shall be. In the bill so exhibited, shall be plainly and distinctly set forth all the estate, real and personal, so held in trust, and all the facts which are calculated to shew whether the interest of those for whose use the estate is held in trust, will be promoted by such sale or not. The bill shall be verified by the oath of the complainant, and all those who are interested in the estate shall be made parties thereto. It shall be the duty of the court to appoint some discreet, intelligent and fit person to be guardian ad litem for the infant parties in such suit, who shall answer such bill on oath the infant, also, if above the age of fourteen years shall answer the bill in proper person on oath.

2. Whether the answer to such bill admit the facts therein alleged or not, before the court shall have authority under this act to decree any sale, every fact material to ascertain the propriety of the sale, shall be proved by clear and credible evidence given by disinterested witnesses.

3. No deposition shall be read in evidence on the hearing of the cause, if there be an infant party, unless it be taken in presence of the guardian ad litem, or upon interrogatories agreed upon by him.

4. If upon the hearing of the cause, it shall be proved to the satisfaction of the court, that the interest of those for whose use the estate is held in trust, manifestly requires the sale thereof or of any part thereof, and the court shall be of opinion that the rights of no person will be thereby violated, it shall be lawful to decree such sale, in such manner and upon such terms as the court shall think right, always retaining a lien upon such estate, if it be real estate, sold on credit, for the payment of the purchase money.

5. The proceeds of such sale shall be vested and applied for the benefit of those interested in such estate, in other real or personal estate, or in such other manner as the court shall think best, to be held for the uses and purposes, and upon the limitations, conditions and trusts mentioned in the deed or deeds, or instrument conveying the estate so decreed to be sold. But into whatever hands the proceeds of the sale may be placed, the court shall require ample security that they shall be faithfully applied in such manner as the court may direct.

6. If any person interested in such estate shall die intestate after such sale, the proceeds aforesaid, or so much thereof as shall remain at his death, shall pass to such person or persons as would have been entitled to the estate sold, if it had not been sold.

7. If a sale be decreed, the costs of the suit shall be paid out of the estate, otherwise the costs shall be paid by the plaintiff: Provided, That in no case, where a sale shall be directed, shall the person or persons for whose benefit the estate is held, or the trustee or trustees holding the same, or the guardian ad litem in the suit, be admitted a purchaser or purchasers, either

Acts 1831-2, ch. 70, p. 57. This act is a transcript mutatis mutandis of the 16th, 17th, 18th, 19th, 20th, 21st, 22d, and 23d sections of the act concerning guardians, orphans, curators, infants, masters and ap

prentices, 1 Rev. Code, 1819, ch. 108, p. 409-410. The provisions of these sections in the revised act, are confined to the sale of infants' estates.

Act of January 20, 1832, c. 70, p. 57. Sup. R. C. c. 150, p. 208-9.

by himself, herself or themselves, or by any other person or persons, or in any manner whatever become the owner or owners of the estate so held or any part thereof, during the continuance of the use or trust; and all purchases or conveyances, made contrary to this provision, shall be void at law and in equity.

8. No sale shall be decreed if the deed or deeds, or instrument creating the trust, shall expressly direct otherwise.

CONVEYANCES AND LOANS, (fraudulent.)

Fraudulent loans of chattels,

1 Sales, bona fide and for valuable consi

Act of November 30, 1785-January 1, 1787. R. C. ch. 101.

1. § 2. Every gift, grant or conveyance of lands, tenements, hereditaments, goods or chattels, (1) or of any rent, common or profit out of the same, by writing or otherwise, and every bond, suit, judgment or execution, had or made, and contrived of malice, fraud, covin, collusion or guile, to the intent or purpose to delay, hinder or defraud creditors(a) of their just and lawful actions, suits, debts, accounts, damages, penalties or forfeitures, or to defraud or deceive those who shall purchase(b) the same lands, tenements or heredita