$96. Object of American Registry Acts.-The general spirit and object of the different American Registry Acts, are substantially the same. They are intended to furnish the best and most easily accessible evidence of the titles to real estate, to the end that those desiring to purchase may be fully informed of instruments of prior date, affecting the subject of their contemplated purchases. And also that having availed themselves of this means of knowledge, they may rest there, and purchase in absolute security, provided they do so without knowledge, information, or such suggestions from other facts as it would be gross negligence to ignore, of some antecedent conveyance, or equitable claim.1 $97. Registration Notice to Subsequent Purchasers.—It may be stated, then, as a rule applicable to all the states, that where an instrument by which the title to real estate is affected is properly recorded, the record thereof is constructive notice to subsequent purchases or incumbrancers under the same grantor.2 $98. To affect Purchasers must be Properly of Record. - But this rule, though applicable to all cases, is not applicable in the same manner, for the reason that the statutes are far from uniform in their provisions as to what is essential, in order to render an instrument properly recordable. If not recordable under the law, it could not be treated as properly recorded.3 Many of them also differ widely from each other in regard to the time from which the record operates as notice. $99. Pre-requisites to Registration.-In a majority of the states, the instrument is entitled to registration when it is properly executed by the party to be bound by its terms, and acknowleged before an officer authorized to take acknowledgments. Subscribing witnesses are dispensed with except as a substitute for the acknowledgment before the officer. But in the states 1 Infra. 2 Cushing . Ayer, 25 Me., 383; Mason v. Martin, 4 Md., 124; Vaughan v. Greer, 38 Tex., 530; Mayo v. Cartwright, 30 Ark., 407; Randolph v. N. J. West L. R. R. Co., 28 N. J. Eq., 49. See Infra, § 119, et seq. of Connecticut, Delaware, Florida, Georgia, Louisiana, Maryland, Michigan, Minnesota, New Hampshire, Ohio, South Carolina, Texas, Vermont and Wisconsin, the execution is required to be attested by either one or two subscribing witnesses. In the State of Louisiana the attesting witnesses are required to be males, and where the party is blind three witnesses are required.2 3 § 100. Subscribing Witnesses. The provisions in regard to subscribing witnesses are variously modified in the different states. In some of them the rule is quite peremptory and governs all conveyances of real estate, while in others it depends upon where the instrument is executed-whether within or without the limits of the state, the character of the instrument, and other circumstances. In some of them, too, the consequences of a failure to conform to the law with strictness, in the matter of attestation, are more disastrous than in others, especially with reference to the effect upon their registration. $101. When Instrument to be Filed. - In general, the record operates as notice from the date of filing the instrument for record, or from the date of its registration, or other formality, deemed sufficient to bring the knowledge of its execution and delivery within the reach of any one who has an interest in making inquiry. But in several of the states the statutes prescribe certain periods of time within which the instrument shall be deposited with the designated officer for record. These periods vary in the different states, as follows: In Alabama, three months; Delaware, one year; District of Columbia, six months; Florida, six months; Georgia, one year; Indiana, forty-five days; Kentucky, sixty days when executed and acknowledged within the state, and four months, in cases of nonresident grantors; Maryland, six months; New Jersey, fifteen Jays; Ohio, six months; Oregon, five days; Pennsylvania, 1 See Statutes of States mentioned. Civil Code, La. Art., 2231. See cases cited, Infra. when within the state, six months; when the deed is executed without the state, one year; South Carolina, thirty days; Virginia, within sixty days after delivery of the instrument. § 102. Consequence of Delay in Filing.—These provisions are not ordinarily construed as fixing periods of limitation, but rather as giving the grantee so much time, as days of grace, within which their instruments may be registered, without incurring the danger of being cut out by conveyances from the same grantor, during the intermediate time.1 - § 103. Exceptional Legislation. Exceptional acts of legisla tive bodies of the states, may provide for the filing of such instruments in a manner to give purchasers the substantial benefits of registration without affecting them with constructive notice. As the law enacted by the legislation of the State of New York, January 8, 1794. The object of this Act was to settle conflicting claims to bounty lands in that state. It provided that all deeds and conveyances, theretofore executed of or concerning such lands, or whereby they might be affected at law or in equity, should, on or before a day named, be deposited with the clerk of the city of Albany, and all such, except mortgages duly registered, not so deposited, should be adjudged fraudulent and void as against subsequent purchasers or mortgagees for a valuable consideration. It was made the duty of the clerk to keep these instruments arranged in alphabetical order, "to the end that persons inclining to have recourse thereto, may inspect the same, paying the usual fees for search and inspection." A subsequent portion of the same act provided for the registry of deeds thereafter executed; but it was held that compliance with the first provision of the act would. not charge subsequent purchasers with constructive notice of the instruments deposited with the clerk.2 $104. English and Irish Registry Acts. Under some of the English and Irish Registry Acts it has been decided that the 1 Post, §§ 225, 268. • Wendell v. Wadsworth, 20 Johns., 658. registry of an instrument does not itself operate as constructive notice to subsequent purchasers.1 § 105. Equitable Mortgage. So where a mortgage had been duly registered, and S. subsequently received the title deeds on deposit as security for a debt owing by the mortgagor without actual notice of the prior registered mortgage, it was held that the possession of such title deeds was available in his hands as an equitable mortgage upon the premises, notwithstanding the formal registry of the prior mortgage. § 106. Registry of Marriage Settlement. So, also, where the law provided for the registry of marriage settlements, it was held, in the case of Hodgson v. Dean, that a subsequent purchaser of the land included in such settlement, could only be affected by actual notice. It was decided that the defendant was not bound to search the register, and therefore could not be constructively notified of its contents. $107. Irish Act. -The Irish Registry Act, under which the case of Bushell v. Bushell' was decided, after providing for the registry of deeds and conveyances, declared "that every such deed or conveyance, a memorial whereof shall be duly registered according to the rules and directions in this act prescribed, shall be deemed and taken as good and effectual, both in law and equity, according to the priority of time of registering such memorial for and concerning the honors, manors, &c., in such deed or conveyance mentioned or contained, according to the right, title and interest of the person so conveying, etc., against all and every other deed, conveyance or disposition of the honors, &c., or any part thereof, comprised or contained in any such memorial as aforesaid." Still this was not deemed sufficient to constitute such registry constructive notice to subsequent purchasers of the property 1Hodgson v. Dean, 2 Sim. & Stu., 227; Underwood v. Lord Courtown, 2 Schoales & Lefroy, 41; Bushell v. Bushell, 1 Id., 90, 103. Wiseman v. Westland, 1 Young & Jervis, 117. 3 Supra. included in the memorial, and he would not be bound except by actual notice. $108. Registered Mortgage and Unregistered Will. - A more recent case arising under the Registry Act for the East Riding of Yorkshire,' seems to present a view of the law somewhat more favorable to the tenant whose evidence of title is registered, than is accorded to him in the earlier English cases cited. It is decided that a mortgagee whose mortgage has been duly registered shall prevail against a devisee in an unregistered will which was discovered subsequent to the registration of the mortgage given by the heir, and after the time within which the Registry Act required wills to be registered in order to be valid against conveyances from the heir. The statute also provides that where there is an impediment to the registration of the will within the time, that the registration of a memorial of such impediment will preserve the rights of devisees as though the will itself had been registered, until such time as the impediment is removed. It was held in the case cited that the failure to discover the will was such an impediment as was contemplated by the Act, and because the devisees who were ignorant of their interests in the premises did not deposit for registration, a memorial of the impediment to the registration of the subsequently discovered will, that instrument was void as against the subsequent mortgagee without notice.2 3 $109. Registered Legal Mortgage and Unregistered Equitable Mortgage. So under the Registry Act for Ireland in a recent case, where the owner of an estate had created an unregistered equitable mortgage upon his estate by the deposit of the title deeds, such equitable mortgage was postponed to a subsequent registered legal mortgage. And it was further held that such legal mortgage could not be successfully assailed upon the ground that the solicitor employed to draw the same, accepted 1 Chadwick v. Turner, 1 Ch. Ap. Cas., 310. |