person conveying it had before he conveyed it. Hence, the writing by which a right is thus transferred is called a conveyance; but more frequently the instrument by which a title to land is conveyed is called deed.

2. A purchaser of land could not securely hold it without a deed, because a person's deed is the only lawful evidence of his being the true owner. If a person should buy a farm without taking a deed of the seller, the seller might dispose of it to a second purchaser; and if he should give him a deed, such second purchaser, having a deed to show that he had bought the farm, might dispossess the first purchaser.

3. Whenever, therefore, any real estate is to pass from one to another, the seller gives the buyer a deed. The deed states the names of the parties, the sum paid, the place where the land is situated, its boundaries, and the number of acres it contains. And as evidence of the sale, the seller affixes his name and seal to the instrument. This is generally done in the presence of two or more persons, who subscribe their names as witnesses; so that in case of dispute, the purchaser may know by whom to prove that the deed was executed by the person whose name it bears.

4. But when a deed has been thus executed, the purchaser is not yet safe, unless he has had it recorded in the office of the recorder of the county in which the land lies. If it should be conveyea by the seller to a second purchaser, who should get his deed recorded first, such purchaser would hold the land. *

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5. Before a conveyance is recorded, the person executing it must acknowledge, before a proper officer, that he executed the conveyance; and the officer must certify in wri ting, on the back or margin of the instrument, that the son did so acknowledge. A judge, a justice of the peace, a notary public, a mayor or other presiding officer of a city or town, may take acknowledgments. Every deed duly acknowledged and delivered to the county recorder to be re

an instrument of conveyance called? 2. What is the use of a deed? 3. What does a deed contain? How is it executed? 4. What must then be done with the deed? Why? 5. What is required before a conveyance is recorded? How is it proved or acknowledged? 6. De

corded is, with the acknowledgment, copied at length, word for word, in a book provided for that purpose.

6. Lands are also conveyed by mortgage. A mortgage is a writing which conveys to another person a right to property as security for the payment of a debt, and is to have no force or effect when the debt is paid. A mortgage conveys land in the same manner as a deed; but a condition is added, stating, that if the debt for which the land is pledged shall be paid by a certain day, the instrument shall no longer have effect.

7. When land is sold, and any part of the purchase money is to be paid at a future day, the seller usually conveys the land by deed to the purchaser; and the purchaser executes a mortgage to the seller, pledging the land as security for the payment of the money remaining unpaid. A mortgage also contains a condition, that if the money shall not be paid according to the agreement, the mortgagee, or person holding the mortgage, may sell the land to raise the money due; but if he sells it for more than that amount, the overplus must be paid to the mortgager.

8. A wife must join with her husband in conveying land, by signing the deed with him; otherwise, if the husband should die, his widow would have a right to one third part of the estate during her life. This portion of a widow, thus retained, is called dower. It is common, therefore, for the wife also to sign the deed; and she must also acknowledge, before the officer taking the acknowledgment, and apart from her husband, that she signed the deed freely and without compulsion of her husband.

9. When a mortgagee has received payment in full, a satisfaction or receipt for the same is entered on the mortgage, or on the record thereof; and such satisfaction or receipt, so recorded, releases the mortgager.

10. Leases. To lease means to let, but generally to let real estate to another for rent or reward. The word demise

scribe the nature of a mortgage. 7. In what cases are mortgages given by a purchaser of land? What condition does it contain? 8. Why must a wife sign a conveyance with her husband? What is this right of a widow called? How and what must she acknowledge? 9. When and how is a mortgage cancelled or discharged? 10. What is the

is often used instead of lease. The landlord, or person leasing the estate, is called lessor; and the tenant, or person to whom the land is leased, is called lessee. Leases for a longer term than three years, must be sealed and recorded as deeds and mortgages. (For leases running a shorter period, see Contracts.)

CHAPTER XXX.

Of Fraudulent Conveyances; and of Contracts in general.

1. PROPERTY is sometimes fraudulently conveyed from one person to another. Debtors often put their property into the hands of others, to be kept from being taken to pay those whom they owe. With the same intent, property is frequently assigned to others, by way of mortgage, with the false pretence that the assignment is made for the security of a debt, when no such debt is honestly due; and when the property mortgaged is to remain in possession of the person conveying it, with the understanding that the mortgagee is never to take it.

2. To prevent such fraudulent conveyances and sales of property, the law declares, that all deeds of gift, and all transfers of goods and chattels, made by any person to secure them for his future use, shall be void, and shall not prevent them from being taken and sold, to pay his debts. And to protect creditors against losses, the law also prescribes the manner in which sales and conveyances of property must be made, to be considered honestly done.

3. Now, as a sale or an assignment is more likely to be fraudulent, when the property remains with the seller or assignor, than when the assignee takes it into his own possession, it is a general principle of law, that if property assigned or sold continues with the person pledging or selling it, the transaction is to be deemed fraudulent, and the prop

meaning of lease? demise? lessor? lessee? What is required concerning leases running over three years?

1. How is property sometimes fraudulently conveyed? 2. What general provision of law has been made to prevent this? 3. What is to

erty may be taken by creditors. It has however been held by courts in some states, and it has also been enacted in some, that where the transaction can be shown to be honest and fair, the person to whom the sale or assignment is made may hold the property.

4. Goods and chattels loaned to a person, and remaining in his possession for five years, are to be deemed his property, unless the lender shall have reserved his right to such property, and shall have had the writing recorded in the recorder's office in the county in which one or both of the parties resided.

5. A contract for the lease of land for a term longer than one year, must be in writing and sealed, or it is not binding: and if for a term longer than three years, the writing must also be recorded as deeds and mortgages. But for a term not exceeding one year, a contract for leasing is good, though not written; which is sometimes called a parol lease; the word parol signifying a promise or assurance given by word.

6. Much that relates to the nature of contracts in general, is to be learned from the common law. To render a contract or bargain binding, there must be a legal consideration. By consideration is here meant the price, or any thing that is the cause or reason for which a person enters into an agree ment. Thus the money paid or to be paid for a farm, is the consideration for which the seller grants it to the purchaser. There must also be a mutual promise of both parties, to make a bargain binding; but the consideration may be something else than money or property; it is sufficient if it is any thing that is either a benefit to the party promising, or some loss or trouble to the party to whom the promise is made.

7. A says to B, if you will deliver to me twenty bushels of wheat to-morrow, I will pay you twenty dollars for it. Now if B brings the wheat, A is not obliged to take it and pay the price offered, because B did not on his part promise to deliver it. But if B had so promised, A would be bound

be presumed if property sold remains with the seller? 4. Whose is borrowed property to be deemed after five years? 5. What is necessary to make leases valid? 6. What things are here mentioned as necessary to make a contract binding? What is a consideration? 7. Give an

to fulfil, because B has fulfilled on his part. The consideration in the case is the promise of each; and the party that fails to fulfil, is liable to the other for the damage sustained.

8. If you buy a horse to-day to be delivered to you tomorrow, and the horse should die before delivery, the loss is yours. The risk of accident to property is, in such cases, with the buyer. A buyer becomes the owner of property as soon as the contract is completed; but he is not entitled to take it into his possession till he pays or tenders the price, unless he has bought on a credit.

9. An agreement to do what is impossible to be done, or what is unlawful; or an agreement that is made under some threat or fear, is not binding. Idiots are not bound by their contracts; nor are lunatics bound by any agreement made while they are insane.

The

10. A person cannot give to another a title to what he does not himself own. A man buying a stolen horse cannot hold him, but must give him up to the owner. thief, having no lawful title to the horse, could give no title. And if the horse should be sold ever so often, the owner has a right to take him wherever he finds him, by proving him to be his.

11. Frauds are often committed in selling articles that are faulty or unsound. It is the general rule of law, that if the seller does not expressly warrant an article, or if there is no fraud on his part, the buyer must abide the loss if the article proves defective. But if the seller conceals the defect knowing it to exist, he is liable to make good the damage.

12. There is much written in the books concerning contracts; but it is not easy to find a law to apply to every contract that may be made. Many lawsuits are caused by the failure of persons to fulfil their engagements. If all would practise honest dealing, and endeavor to be faithful in discharging their obligations, there would be little need of

example of the necessity of a mutual promise. 8. Which party runs the risk of accident to property? 9. What agreements are never binding? 10. Can a man give a title to what is not lawfully his own? State a case. 11. What is the law about warranting property? 12. What is said about the law of contracts?