the same unsatisfied, in whole or in part, as the case may require. be recorded. (3161.) SEC. 43. Before any assignee, or his personal repre- Assignments to sentative, shall be entitled to a deed under the provisions of this chapter, every assignment under which he claims title, shall be executed and acknowledged or proved, in the same manner that deeds are required to be executed and acknowledged or proved, to entitle the same to be recorded, and such assignee shall cause the same to be recorded in the office of 1841, p. 134, Sec. the Register of Deeds, in the county where the real estate so sold is situated. 3. (3162.) SEC. 44. If the purchaser of any real estate, sold by When purchaser virtue of an execution, his heirs or assigns, shall be evicted may recover. from the possession of such real estate, or if in an action for the recovery thereof, judgment shall be rendered against him or them, in consequence: 1. Of any irregularity in the proceedings concerning such sale; or: tiff. 2. Of the judgment upon which such executicn issued being 5 Cowen, 28. vacated or reversed; such purchaser, his heirs or assigns, may recover of the party for whose benefit such real estate was sold, the amount paid on the purchase thereof, with interest. (3163.) SEC. 45. The party for whose benefit such real Remedy of plainestate was sold, and his personal representatives, upon such recovery being had against him in consequence of any irregularity in the proceedings concerning the sale, may have further execution upon the judgment by virtue of which such sale was made, to levy the amount paid on such sale, with interest. far effectual for dy. (3164.) SEC. 46. Such judgment shall be deemed valid and Judgment, how effectual for the purpose specified in the preceding section, purpose of remeagainst the defendant therein, his personal representatives, heirs and devisees, but not against any purchaser in good faith, or any incumbrancer by mortgage, judgment or otherwise, whose title or incumbrance shall have accrued before the levy of such further execution. bution. (3165.) SEc. 47. When lands and tenements, in the hands of Cases of contriseveral persons, shall be liable to satisfy any judgment, and the whole of such judgment, or more than a due proportion thereof, shall be levied upon the lands of one or more of such persons, the persons so aggrieved, or their personal represen- 5 John., Ch. Rep. tatives, may compel a just and equal contribution by all the Paige, 228. 235. Order of contribution. How contribution enforced in Chancery. Lien of original judgment. Entry to be made in margin of copy. Action of assumpsit to re tion. persons whose lands and tenements ought to contribute to the satisfaction of such judgment. (3166.) SEC. 48. Such lands and tenements shall be liable to contribution in the following order: 1. If they were conveyed by the defendant in the execution, they shall be liable in succession, commencing with the lands last conveyed; 2. If they were sold under execution against the defendant, they shall also be liable in succession, commencing with the lands sold under the last and youngest judgment; 3. If there be lands so liable, which were conveyed by the defendant in the execution, and also lands which have been sold under execution against such defendant, they shall respectively be liable in succession, according to the order hereinbefore prescribed. (3167.) SEC. 49. If a bill be filed in Chancery to enforce such contribution, the person aggrieved shall be entitled to use the original judgment, and by virtue thereof, to pay the amount which ought to be contributed by the lands and tenements subject to such judgment; and for that purpose, such judgment shall remain a lien and charge upon such lands and tenements, for the term of five years after a certified copy thereof shall have been filed and entered in the office of the Register of Deeds in the county where the lands are situated, to the extent of the sum which ought to be so contributed, notwithstanding such sum or any part thereof, may have been paid by the party seeking such contribution. (3168.) SEC. 50. But such original judgment shall not remain a lien upon any lands, nor shall they be subject to an execution as herein provided, unless the person aggrieved shall file an affidavit with the Register of Deeds in whose office a certified copy of such judgment shall have been filed and entered, stating the sum paid, and his claim to use such judgment for the reimbursement thereof, or of some portion of the same. (3169.)-SEC. 51. On the filing of such affidavit, the Register of Deeds shall make an entry in the margin of the entry of the certified copy of such judgment, stating the sum so paid, and that such judgment is claimed to be a lien to that amount. (3170.) SEC. 52. Any person upon whose lands and tenecover contribu- ments more than a due proportion of any judgment may have been levied, may, in his election, have an action of assumpsit against any person whose lands ought to contribute as herein before provided, to recover the amount which such person ought to contribute on account of such lands. apply to sales on to its taking (3171.) Sec. 53. The provisions of the chapter shall apply This Chapter to to sales on executions prior to its taking effect, subject to the executions prior time of redemption allowed by law under which such sales effect. were made. (g) CHAPTER CIV. Of Fraudulent Conveyances and Contracts relative to Lands. CHAPTER CV. Of Fraudulent Conveyances and Contracts relative to Goods, Chattels and Things in action. CHAPTER CVI. General provisions relating to Fraudulent Conveyances and Contracts. (7) Added to the Chapter by Act 206, of 1848, Sec. 10. Laws of 1848, p. 814. Conveyance with intent to defraud. 2 Mich. Rep., 445. Walk. Ch., 437, 495, 535. 1 Mich. Rep., 321. Chapter Eighty of Revised Statutes of 1846. (3172.) SECTION 1. Every conveyance of any estate or inter 3 do 201. est in lands, or the rents and profits of lands, and every charge 'upon lands or upon the rents and profits thereof, made or 11 I. Rep., 503. created with intent to defraud prior or subsequent purchasers for a valuable consideration, of the same lands, rents or profits, as against such purchasers, shall be void. Qualification of last Section. Conveyance with power of revoca grantor, void. (3173.) SEC. 2. No such conveyance or charge shall be deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice of the prior conveyance or charge, at the time of his purchase, unless it shall appear that the grantee in such prior conveyance, or person to be benefited by such charge, was privy to the fraud intended. (3174.) SEC. 3. Every conveyance or charge of, or upon, any tion at will of estate or interest in lands, containing any provision for revocation, determination or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void as against subsequent purchasers from such grantor for a valuable consideration of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. Conveyance by one authorized to revcke former grant. Tbid. Requisites to con vey certain in (3175.) SEC. 4. When a power to revoke a conveyance of any lands, or the rents and profits thereof, and to reconvey the same, shall be given to any person, other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents or profits, to a purchaser for a valuable consideration, such subsequent conveyance shall be valid, in the same manner, and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. (3176.) SEC. 5. If a conveyance to a purchaser, under either of the two last preceding sections, shall be made before the person making the same shall be entitled to execute his power of revocation, it shall nevertheless be valid, from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent, as if then made. (3177.) SEC. 6. No estate or interest in lands, other than terests in Lands. leases for a term not exceeding one year, nor any trust or 2 Doug. Mich., S44, 101. 1 Cal. Rep. 119. power over or concerning lands, or in any manner relating 10 do 436. 2 Cushing, 231. thereto, shall hereafter be created, granted, assigned, surren- 6 Wend., 461. dered or declared, unless by act or operation of law, or by a deed 19 Conn. R., 63. or conveyance in writing, subscribed by the party creating, 7 Barb., 191. granting, assigning, surrendering or declaring the same, or by some person thereunto by him lawfully authorized by writing. last Section. (3178.) SEC. 7. The preceding section shall not be construed Qualification of to affect in any manner the power of a testator in the disposion of his real estate by a last will and testament; nor to prevent any trust from arising, or being extinguished, by implication or operation of law. or sell Lands, (3179.) SEC. 8. Every contract for the leasing for a longer Contracts to lease period than one year, or for the sale of any lands, or any when void. interest in lands, shall be void, unless the contract, or some note or memorandum thereof, be in writing, and signed by the party by whom the lease or sale is to be made, or by some person thereunto by him lawfully authorized by writing. need not be set 17 Mass., 122. (3180.) SEC. 9. The consideration of any contract or agree-Consideration ment, required by the provisions of this chapter to be in writing, forth. need not be set forth in the contract or agreement, or in the 5 Cranch, 142. note or memorandum thereof, but may be proved by any other legal evidence. of Chancery not to abridged. (3181.) SEC. 10. Nothing in this chapter contained shall be Powers of Court construed to abridge the powers of the Court of Chancery compel the specific performance of agreements, in cases part performance of such agreements. 1 Cal. Rep., 207. of Har. Ch. Rep., 31 Ibid 67, 124. 4 Gilman, 583. CHAPTER CV. OF FRAUDULENT CONVEYANCES AND CONTRACTS, RELATIVE SECTION 3182. Certain transfer of Personal Property void. 3183. Certain contracts to be void, unless in writing. 3184. Contract for sale of goods exceeding fifty dollars. 3185. Sales at auction. SECTION 3186. Representations in regard to the ability, 3187. Consideration need not be set forth. |