Acknowledg trict but within SEC. 495. ACKNOWLEDGMENT OUT OF DISTRICT.-When any deed or ment out of Dis- contract under seal relating to land is to be acknowledged out of the the United States. District of Columbia, but within the United States, the acknowledgment may be made before any judge of a court of record and of law, or any chancellor of a State, any judge or justice of the Supreme, circuit, or Territorial courts of the United States, any justice of the peace or notary public: Acknowledgment in a foreign country. R. S., § 1674. Deeds of corporations. Acknowledgment by attorney. When deeds to take effect. Bonds and contracts. Interpretation. Provided, That the certificate of acknowledgment aforesaid, made by any officer of a State or Territory, shall be accompanied by a certificate of the register, clerk, or other public officer having official cognizance of the fact that the officer taking said acknowledgment was in fact the officer he professed to be: Provided, further, That a certificate by any such register, clerk, or other public officer, in the form prescribed by the laws of the State or Territory in which such certificate is made or customarily used therein, shall be a sufficient certificate for the purposes of this section. SEC. 496. Deeds made in a foreign country may be acknowledged before any judge or notary public, or before any secretary of legation or vice-consul-general of the United States, or consular officer of the United States as such consular officer is described in section sixteen hundred and seventy-four of the Revised Statutes of the United States; and when the acknowledgment is made before any other officer than a secretary of legation or consular officer of the United States the official character of the person taking the acknowledgment shall be certified in the manner prescribed in the last preceding section. SEC. 497. DEEDS OF CORPORATIONS.-The deed of a corporation shall be executed by having the seal of the corporation attached and being signed with the name of the corporation, by its president or chief officer, and shall be acknowledged as the deed of the corporation by an attorney appointed for that purpose, by a power of attorney embodied in the deed or by one separate therefrom, under the corporate seal, to be annexed to and recorded with the deed. SEC. 498. ACKNOWLEDGMENT BY ATTORNEY.-No deeds of conveyance of either real or personal estate by individuals shall be executed or acknowledged by attorney. SEC. 499. WHEN DEEDS TO TAKE EFFECT.—Any deed conveying real property in the District, or interest therein, or declaring or limiting any use or trust thereof, executed and acknowledged and certified as aforesaid and delivered to the person in whose favor the same is executed, shall be held to take effect and pass the title in the property conveyed to said person from the date of the acknowledgment, provided the same be recorded within three months from said date, except that as to creditors and subsequent bona fide purchasers and mortgagees without notice of said deed, and others interested in said property, it shall only take effect from the time of its delivery to the recorder of deeds to be recorded. SEC. 500. When two or more deeds of the same property are made to bona fide purchasers for value without notice, the deed or deeds which are first recorded according to law shall be preferred. SEC. 501. BONDS AND CONTRACTS.-Any title bond or other written contract in relation to land may be acknowledged, certified, and recorded in the same manner as deeds for the conveyance of land, and the record thereof shall be notice to all creditors and subsequent purchasers of the existence of such bond or contract. SEC. 502. INTERPRETATION.-No words of inheritance shall be necessary in a deed or will to create a fee simple estate; but every conveyance or devise of real estate shall be construed and held to pass a fee simple estate or other entire estate of the grantor or testator, unless a contrary intention shall appear by express terms or be necessarily implied therein. etc. SEC. 503. The word "grant," the phrase "bargain and sell," or any Construction of other words purporting to transfer the whole estate shall be construed words, phrases, to pass the whole estate and interest of the grantor in the property described, unless there be limitations or reservations showing a different intent. SEC. 504. In any deed or will of real or personal estate in the District of Columbia, hereafter executed, the words "die without issue," or the words "die without leaving issue," or the words "have no issue," or other words which may import either a want or failure of issue of any person in his lifetime, or at the time of his death, or an indefinite failure of his issue, shall be construed to mean a want or failure of issue in the lifetime or at the time of the death of such person, and not an indefinite failure of his issue, unless a contrary intention shall appear in the instrument. SEC. 505. When, in a deed conveying real estate, the words "the said.. covenants" are used, such words shall have the same effect as if the covenant was expressed to be by the covenantor, for himself, his heirs, devisees, and personal representatives, and shall be deemed to be with the grantee or lessee, his heirs, devisees, personal representatives, and assigns. SEC. 506. A covenant by the grantor, in a deed conveying real estate, "that he will warrant generally the property hereby conveyed." or a grant of real estate in which the granting words are followed by the words with general warranty," shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of all persons whomsoever. SEC. 507. A covenant by a grantor, in a deed conveying real estate, "that he will warrant specially the property hereby conveyed," or a grant of real estate in which the granting words are followed by the words with special warranty," shall have the same effect as if the grantor had covenanted that he, his heirs, devisees, and personal representatives will forever warrant and defend the said property unto the grantee, his heirs, devisees, personal representatives, and assigns against the claims and demands of the grantor and all persons claiming or to claim by, through, or under him. Covenants. -warrant gen erally. -warrant spe cially. SEC. 508. A covenant by the grantor, in a deed of land, "that the quietly enjoy. said grantee shall quietly enjoy said land," shall have the same effect as if he had covenanted that the said grantee, his heirs and assigns, shall, at any and all times hereafter, peaceably and quietly enter upon, have, hold, and enjoy the land conveyed by the deed or intended to be so conveyed, with all the rights, privileges, and appurtenances thereunto belonging, and to receive the rents and profits thereof, to and for his and their use and benefit, without any eviction, interruption, suit, claim, or demand whatsoever by the said grantor, his heirs or assigns, or any other person or persons whatever. -done no act to SEC. 509. A covenant by a grantor, in a deed of land, "that he has done no act to incumber said land," shall be construed to have the incumber land. same effect as if he had covenanted that he had not done or executed or knowingly suffered any act, deed, or thing whereby the land and premises conveyed, or intended so to be, or any part thereof, are or will be charged, affected, or incumbered in title, estate, or otherwise. SEC. 510. A covenant by a grantor, in a deed of land, "that he will execute such further assurances of said land as may be requisite,' shall have the same effect as if he had covenanted that he, his heirs or devisees, will, at any time, upon any reasonable request, at the charge of the grantee, his heirs or assigns, do, execute, or cause to be done and executed, all such further acts, deeds, and things, for the better, more perfectly and absolutely conveying and assuring the lands and -to execute further etc. assurances, Implied nants. What cove estates may be conveyed by deed. premises conveyed unto the grantee, his heirs and assigns, as intended to be conveyed, as by the grantee, his heirs or assigns, or his or their counsel learned in the law, shall be reasonably devised, advised, or required. SEC. 511. IMPLIED COVENANTS.-No covenant shall be implied in any conveyance of real estate, whether such conveyance contains special covenants or not. SEC. 512. WHAT ESTATES MAY BE CONVEYED BY DEED.-Any interest in or claim to real estate, whether entitling to present or future possession and enjoyment, and whether vested or contingent, may be disposed of by deed or will, and any estate which would be good at common law, as an executory devise, may be created by deed. Conveyance of SEC. 513. CONVEYANCE OF LAND HELD ADVERSELY.-Any person land held ad- claiming title to land may convey his interest in the same, notwithversely. standing there may be an adverse possession thereof. Absence of acknowledgment. Deeds recorded SEC. 514. ABSENCE OF ACKNOWLEDGMENT.-No deed or conveyance of squares or lots of public land in the city of Washington, made in pursuance of law prior to March third, eighteen hundred and sixtythree, by the commissioner of public buildings or any other authorized officer, shall be deemed invalid in law for the want of an acknowledgment by the commissioner or other authorized officer before such judicial officers, as deeds of real property made between individuals are required by law to be acknowledged. SEC. 515. DEFECTIVE ACKNOWLEDGMENTS. All deeds and acknowlprior to code, de- edgments recorded in the land records of the District prior to the fectively acknowledged, declared adoption of this code of any of the following designated classes shall, valid. in favor of parties in actual possession, claiming under and through such deeds, be deemed and held and are declared to be of the same effect and validity to pass the fee simple or other estate intended to be conveyed, and bar dower in the real estate therein mentioned, as if such deeds had in all respects been executed, acknowledged, proved, certified, and recorded according to law, namely: -classes designated. First. All deeds which have been executed and acknowledged by married women, their husbands having signed and sealed the same, for conveying any real estate, or interest therein, situated in the District; Second. All acknowledgments of deeds which have been made by married women, whether they have executed the deed or not, for the purpose of releasing their claims to dower in the lands described therein, situated in the District, in which acknowledgments the form prescribed by law has not been followed; Third. All deeds which have been executed and acknowledged by an attorney in fact duly appointed for conveying real estate situated in the District; Fourth. All deeds executed and acknowledged, or only acknowledged by such attorney in fact, for conveying real estate situated in the District, as to which the acknowledgment was made before officers different from those before whom proof of the power of attorney was made, and as to which the power of attorney was proved before only one justice of the peace; Fifth. All deeds for the purpose of conveying land situated in the District, acknowledged out of the District, before a judge of a United States court, or before two aldermen of a city, or the chief magistrate of a city, or before a notary public; Sixth. All deeds for the purpose of conveying land situated in the District, acknowledged by an attorney in fact, duly appointed, or by an officer of a corporation, duly authorized, who has acknowledged the same to be his act and deed, instead of the act and deed of the grantor or of the corporation; and Seventh. All deeds for the purpose of conveying land situated in the District to which there is not annexed a legal certificate as to the official character of the officer or officers taking the acknowledgment. women. SEC. 516. ACKNOWLEDGMENTS BY MARRIED WOMEN.-In all cases Acknowledgmentioned in the preceding section the certificate of acknowledgment ments by married by a married woman must show that the acknowledgment was made "apart" or "privily" from her husband, or use some other term importing that her acknowledgment was made out of his presence, and also that she acknowledged or declared that she willingly executed or that she willingly acknowledged the deed, or that the same was her voluntary act, or to that effect. SEC. 517. DoWER.-Any acknowledgment made by a married woman of any deed executed by her husband, and recorded as mentioned in section five hundred and fifteen, shall be good and effectual to bar all claim on her part to dower in the lands described therein, situated in the District, although she shall not have executed the same. Dower. woman. SEC. 518. POWER OF ATTORNEY BY MARRIED WOMAN.-When the Power of attorpower of attorney mentioned in section five hundred and fifteen is exe- ney by married cuted by a married woman, the same shall be effectual and sufficient if there is such an acknowledgment of the same as would be sufficient, under the provisions of this chapter, to pass her estate and interest therein were she a party executing the deed of conveyance. Record of deed SEC. 519. RECORD OF DEED AS EVIDENCE.-The record and copy thereof of any deed recorded, as mentioned in section five hundred and as evidence. fifteen, shall be evidence thereof, in the same manner and shall have the same effect as if such deed had been originally executed, acknowledged, and recorded according to law. ac SEC. 520. The acts of Congress approved May thirty-first, eighteen Certain hundred and thirty-two, and April twentieth, eighteen hundred and knowledgments thirty-eight, in reference to the acknowledgment and recording of declared good. 1832, May 31, deeds of lands situated in the District, shall be taken and construed as ch. 112 (4 Stat. L., cumulative with the acts of Maryland on the same subject in force in 520); 1838, April the District at the passage thereof, and an acknowledgment made and 20, ch. 57 (5 Stat. certified in compliance with any one of said acts, and before any officer L., 226). authorized by either of said acts to take an acknowledgment, whether in or out of the District, shall be good and effectual. SUBCHAPTER Two. MORTGAGES AND DEEDS OF TRUST OF REAL PROPERTY. SEC. 521. TO BE RECORDED.-Mortgages and deeds of trust to secure debts, conveying any estate in land, in order to be effectual, shall be executed and recorded in the same manner as absolute deeds; and they shall take effect and pass title to the property conveyed, both as between the parties thereto and as to others, bona fide purchasers and mortgagees and creditors, in the same manner and under the same conditions as absolute deeds. SEC. 522. ESTATE OF TRUSTEE.-The legal estate conveyed to a mortgagee, his heirs and assigns, or to a trustee to secure a debt, his heirs and assigns, shall be construed and held to be a qualified fee simple, determinable upon the release of the mortgage or deed of trust, as hereinafter provided, or the appointment of a new trustee. by judicial decree for the causes hereinafter mentioned. Mortgages and deeds of trust of real property. To be recorded. Estate of trustee. How to be re SEC. 523. HOW TO BE RECORDED.-It shall be the duty of the recorder of deeds to record all such mortgages and deeds of trust in the same corded. manner as absolute deeds, and, after each mortgage, to leave a blank space wherein may be recorded any assignment or release of said mortgage. SEC. 524. ASSIGNEES.-The assignee or indorsee of any note, bond, Assignees. or other instrument binding to the payment of money, secured by any mortgage or deed of trust, shall have the same benefit of said mortgage or deed of trust, and shall be entitled to the same remedies for enforcing Assignment. -form of. -record of. Release. -form. -acknowledg ment. -recording, etc. Surrender of mortgage on payment of debt, etc. -where debt assigned, etc. or foreclosing the same that the original creditor named therein would have in the absence of any indorsement or assignment of the instrument secured. SEC. 525. ASSIGNMENT. Whenever the note or notes, bond or bonds, or other instruments for the payment of money, secured by mortgage, shall be indorsed or assigned by the original creditor holding the same, the said mortgage may also be assigned by such creditor to any person holding the notes or other instruments secured thereby, and any such assignee of said mortgage may, in like manner, assign to others. SEC. 526. The said assignment may be written on the said mortgage in the following or equivalent form: I hereby assign the within (or above) mortgage to as security for the (here describe the instruments) therein mentioned, which is (or are) indorsed (or assigned) to him. Witness my hand and seal this day of [Seal.] SEC. 527. Every such assignment provided for in section five hundred and twenty-six aforesaid may be recorded at or near the foot of the said mortgage, in the blank space directed to be reserved therefor, as aforesaid, and such record shall have the same effect as notice to all persons dealing with the property embraced in said mortgage which is allowed by law to the record of the mortgage. SEC. 528. RELEASE. A release of a mortgage may be made by the original creditor who is the holder of the note or notes or other instruments secured thereby, or by any assignee of said notes or other instruments to whom said mortgage may also have been assigned, in the following or an equivalent form: I hereby release the above (or within) mortgage. [Seal.] And said release may be acknowledged before any officer authorized to take the acknowledgment of deeds in the following or equivalent form namely: Acknowledged before me this day of C D, Notary Public. SEC. 529. Said release may be written on the orignal mortgage, and upon said mortgage, with the release thereon written, being filed in the office of the recorder of deeds, he shall record said release in the blank space to be reserved as aforesaid, or in the margin of said record, and index the same, and said mortgage shall be retained in his office and not be allowed to be again withdrawn therefrom. SEC. 530. Every person whose property is subject to a mortgage given to secure a note or notes, bond or bonds, or other instruments binding to the payment of money, shall be entitled, on payment or tender of the full amount of the debt, at or after its maturity, to the creditor entitled to the same, if he is the original creditor, or is the assignee of said mortgage, to have said mortgage surrendered to him, unless the same shall have been lost or destroyed, and to have said mortgage released by the creditor holding the same, in the manner above mentioned. SEC. 531. If the debt secured by mortgage shall be assigned, but the mortgage shall not be assigned to the holder of said debt, or if the original mortgage having been assigned shall be lost or destroyed, the owner of the incumbered property, on payment of the debt, shall be entitled to a deed of release from the mortgagee; and in no other case where the mortgage has been assigned by the original creditor secured thereby shall the original mortgagee be authorized to execute a deed of release. |