essary to bring a knowledge of its latent defects home to the purchaser, in order to charge him, he is bound by the equities subsisting between the original parties without any notice at all.1 II. REGISTRATION OF INSTRUMENTS. § 95. Registry provided for by Statute. 96. Object of American Registry Acts. 97. Registration Notice to Subsequent Purchasers. 98. To Affect Purchasers must be Properly of Record. 99. Pre-requisite to Registration. 100. Subscribing Witnesses. 101. When Instrument to be Filed. 102. Consequence of Delay in Filing. 103. Exceptional Legislation. 104. English and Irish Registry Acts. 105. Equitable Mortgage. 106. Registry of Marriage Settlement. 107. Irish Act. 108. Registered Mortgage and Unregistered Will. 109. Registered Legal Mortgage and Unregistered Equitable Mortgage 110. Memorandum of Further Charge 111. Agreement to Mortgage. 112. Acknowledgment. 113. What Instruments should be Recorded. 114. Reservation of Right of Way. 115. Deed of Assignment. 116. Assignment of Lease. 117. Assignment of Mortgages 118. Consideration. 119. Instruments not Recordable. 120. Assignment for Benefit of Creditors. 1 Fowler v. Brantley, 14 Pet., 318. 121. Certificate of Emancipation. 122. Executory Contract. 123. Same. 124. Statute must be Complied with. 125. Necessity of Acknowledgment. 126. Certificate of Official Character Required. 127. Defective Acknowledgments Cured by Legislation. 128. Acknowledgment Unnecessary. 129. Execution Acknowledged by one of two Grantors. 130. Officers before whom Ackowledgment Made. 131. Lack of Uniformity in Designating Officers. 132. Acknowledgment of Deed affecting Land in another State. 133. Justices of the Peace. 134. Acknowledging Officer a Party in Interest. 135. Defects must Appear upon the Face. 136. Officers de facto. 137. Attesting Witnesses. 138. When Two Required. 139. Witnessed by One Insufficient. 140. Defective Execution held Immaterial. 141. Record Inoperative without Delivery. 142 Delivery after Recording. 143. Same-Effect of Subsequent Delivery. 144. Must be Recorded by Proper Officer. 145. Recorded by Officer de facto. 146. Same. 147. Effect of Error in Record, 148. Errors in Description. 149. Effect of Filing and Subsequent Error in Recording. 150. To whom is the Officer Responsible for Errors. 151. Different Construction of the Statute. 152. The Notice Unaffected by Errors in Recording. 153. Partial Omission. 154. Entire Omission. 155. Views of Early American Authorities, 1793. 156. Same-1794. 157. Destruction of the Records does not affect Notice. 158. Effect of Error in Amount Secured by Mortgage. 159. Error in Description. 160. Fraudulent Concealment by Officer 161. Immaterial Errors. 162. Principals Governing Errors in the Record. 163. Failure to Record in Proper Time. 164. The Index. 165. Failure to Index does not affect Record. 166. Error in Index does not affect Record. 167. Failure to Index under Iowa Statute. 168. Index Sufficient to put upon Inquiry. 169. Index held Part of the Record. 170. Grantee cannot Control the Officer. 171. Mortgagee not affected by Officer's Failure. 172. Index no Part of the Record. 178. Description of Debt Due. 179. Conditions Insufficiently Expressed. 180. Sufficient Certainty. 181. Approximate Certainty. 182. Mortgage Securing Future Advances. 183. Description which may be Rendered Certain by Inquiry, Sufficient. 184. Errors not Misleading. 185. Immaterial where Purchaser not Misled. 186. Instruments should be Filed for Record in their True Character. 187. Deed with Defeasance is Mortgage. 188. Defeasance must be Recorded as Mortgage. 189. Parol Defeasance, Deed Recorded as Mortgage. 190. Sheriff's Deed Recorded as Mortgage, Insufficient. 191. Record of Secret Mortgage. 192. Must be Filed in Proper County. 193. Effect of Filing in Wrong County. 194. Deposit of Chattel Mortgage in Wrong Town. 195. Change of County, Subsequent to Filing, will not affect Registry 196. Order of Priority between Deeds. 197. Simultaneous Mortgages. 198. As between Original Parties, Priority subject to Stipulation. 199. Registration will not Divest Accrued Rights. 200. Innocent Purchaser not Charged with Notice of Priorities except by the Record. 201. Order of Filing governs Priority. 202. Deed Recorded in Reasonable Time. 203. Subsequent Purchasers alone Affected. 204. Record of Quit-Claim. 205. The Instrument must be in the Chain of Title. 206. Same, further Illustrated. 207. Effect of Missing Link. 208. Record Imparts no Notice of Relations between Parties. 209. Recitals of Material Facts held Not to be Notice. 210. Example of Broken Chain of Title. 211. Example of Contrary Doctrine. 212. The above Criticised. 213. Sheriff's Deed from Apparent Stranger 214. Record of Conveyance anterior to Grantor's Title. 215. Illustration of Same. 216. Contrary Doctrine Criticised. 217. Purchaser from Heir without Notice of Ancestor's Unrecorded Deed. 218. Reasons Assigned for the Rule. 219. Reasons Assigned for Contrary Doctrine. 220. The Rule Sustained on Principle. 221. Review of Authorities. 222. Weight of Authority and Governing Principle. 223. Record of Conveyances between Strangers does not affect Pur chasers. 224. Effect of Record of Instruments affecting Chattels, follows Property. 225. Time given for the Registration of Deeds. 226. Must be Purchaser for Value. 227. Assignee for Benefit of Creditors. 228. Creditor Purchasing at Execution Sale. 229. Purchasers at Execution Sale Notified by Registry, prior to Sale. 230. Interest of Mortgagee not affected by bidding at Execution Sale. 231. Actual Notice of Unregistered Deed. 232. Purchaser Protected by Good Faith of Execution Creditor. 239. Deed takes Priority if Registered before Execution Sale. 240. Judgments do not become Liens after Conveyance and before Registry. 241. Title not Affected by Recording Deed after Title Vests in Innocent Purchaser, 242. Reasons for the above Doctrine. 243. Effect of Re-purchase by Fraudulent Grantor. 244. Conflicting Decisions as to Sufficient Notice of Unregistered Deed. 245. Express Notice Required. 246. Actual or Constructive. 247. Different Kinds of Notice Referred to. 248. Cases holding Notice Ineffectual against the Record. 249. Cases holding Implied Notice Sufficient. 250. Illustration of Implied Notice. 251. Any kind of Notice will affect Purchasers. 252. Putting upon Inquiry held Insufficient. 253. Knowledge of Mortgage withheld from Record. 254. Record of Instrument affecting Equitable Interest. 255. Effect of withdrawing Deed from Files before Recording. 256. Priority Secured by Registration. 257. Fraud Practiced by Agent. 258. Vague Information Disregarded. 259. Subsequent Purchase not Invalidated by Notice of Prior Deed. 230. Same-Doubtful Authority. 261. Record Chain of Title Incomplete. 262. Assignee of a Mortgage regarded as Purchaser. 263. Time of Notice. 264. Same, to Attaching Creditor. 265. When Notice too Late. 266. After Purchase at Execution Sale. 267. Before Legal Title is Conveyed. 268. Time of Filing for Record fixed by Statute. 269. Recording after Death of Grantor. 270. Examining Records Insufficient Inquiry. 271. Unrecorded Chattel Mortgage. 272. Description of Debt in Mortgage. The registry of $95. Registry Provided for by Statute. instruments affecting the title to property, being provided for entirely by legislative enactment, can only be treated with reference to its effect as notice, by giving as near as may be the judicial construction placed upon the different statutes. This could, no doubt, be more thoroughly accomplished by copying each statute in extenso, and then giving the decisions under them. But this course would involve the necessity of extending this treatise to an unwarranted length for the doubtful benefit of presenting a body of statute law, which might be undergoing changes while the work was passing through the press. The most that can be safely undertaken in this direction is to present some of the most striking points of difference in the recording acts of the different states of the Union. Those of Great Britain are so essentially different in their scope and administration, that for a practical work upon a subordinate branch of the law, it could hardly be profitable to compare them in detail with the acts of our own legislative bodies. |