New Jersey Equity Reports Volume 29

New Jersey Equity Reports Volume 29

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1878 edition. Excerpt: ...conveyance for the same lands shall be previously lodged with the said clerk or recorded. The case of Den v. Richman, 1 Gr. 43, was controlled by the supplement of 1801, and the fourth and fifth resolutions of the court in that case depended upon the peculiar language of that statute. According to those resolutions, a deed not recorded within six months lost its priority over a subsequent deed recorded before. it, but maintained its priority over such subsequent deed, provided it was recorded before such subsequent deed was recorded. The act of 1820 repealed the act of 1801, which clearly supported the resolutions in Den v. Richman, and re-enacted the act of 1799, substituting fifteen days for six months. This act provides that a deed shall be void and of no effect against a subsequent judgment creditor or bona fide purchaser or mortgagee for valuable consideration, not having notice thereof, unless such deed is recorded or lodged for that purpose within fifteen days. With this history of the legislation on this subject in view, it is apparent that, as our law now stands, a deed not recorded in fifteen days loses its priority over one taken subsequently without notice. The statute fixes the status of the subsequent deed, and establishes, its priority; priority cannot be regained by the earlier deed by being recorded before the subsequent deed is recorded. The law says that by failure to have it recorded in fifteen days, it shall be void and of no effect against the subsequent deed or judgment or mortgage, and in that position it must remain. The simple act of omission on the part of the grantee to have it recorded within fifteen days, is declared by the statute to make it void against such subsequent deed, judgment or mortgage. The failure..show more

Product details

  • Paperback | 234 pages
  • 189 x 246 x 12mm | 426g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236985621
  • 9781236985620