The Mankato free press. [volume] (Mankato, Blue Earth County, Minn.) 1879-1924, 1881-04-28

proposing all these changes in pro.
nunciation.
NOTES FROM THE REGISTER OF
DEEDS OFFICE.
The following valuable facts the FREE
PRESS has gathered from the office of
the Register of Deeds, and records the
same for It's numerous readers
There are about two or three thous-
and deeds and mortgages lying in the
registers office in this county, which the
owners should have in their possession
as evidence of ownership in case the
records should be burned.
Parties owning land, upon which the
patents have not been recorded, should
see that such patents are recorded, as it
is the foundation of the title to their
land
Where one grants certain number
of acres in larger tract without de-
scribing them SO that they can be To-
Gated, the grantee will become the tenant
in common in the whole tract in pro-
portion which the grant to him bears to
the whole tract,
One tenant in common cannot by a
will prevent his co tenant from selling
his share of the lands, nor could he pre-
vent him from applying for and obtain
ing Il partition.
A partner may, without consent of
his CO. partner, execute chattel mort
gage on firm property to secure part
nership debt.
Payment of taxes, though made un
der protest, is voluntary, unless made
under legal or actual compulsion, and
cannot be recovered back.
A check is generally designed for i'm
mediate payment and not for general
circulation. It's the duty of the holder
to present It for payment is soon as he
reasonably may. If he does not, he
keeps it at his own risk.
The vendor of bill or note, notwith.
standing he transfers the same by an in
dorsement without recourse, implicitly
warrants by the very act of transferring,
that the prior signatures to the paper
are genuine, and so far at least as effect
ed by his dealing with, or relations to
the paper, that it expresses upon its face
the exact legal obligations of all such
prior parties.
A.. mortgage is not assignable at
common law or by statue, and this as
signment Of note secured by mort
gage carries with it the mortgage only
in equity. Where the assignee of such
a,,note seeks to foreclose the mortgage in
equity, the court will let in any defense
which would have been awaiting against
the mortgage in the hands of the mort
gagee, himself, regardless of the fact
that the assignee may have purchased
the note in good faith before maturity.
1t is the established doctrine that a
conveyance made us security for loan
of money, whatever may be its form,
will he treated in equity as a mortgage
and that parole evidence will be admit,
ted to show that deed absolute on its
face was intended as such security.
If A obtains money from b for the
purpose of paying it for B to X upon
their agreement with X and does net sc
pay it, but converts it to his own use, he
cannot retain it as against B by setting
up the defense that the contract with y
was illegal.
Parties buying land should record th'
deed as soon as possible. In delaying
they are liable to lose the land.
A deed to be legal instrument TO
record should have two witnesses.
In making deed to convey real estate
if the grantor is a single person il
should be so stated in the deed.
The names of the grantor and grantee
should be plainly written, and the giver
names always written in full.
A fraudulent conveyance to defea
creditors estops the husband and wifi
from claiming homestead in the lant
so conveyed when such conveyance ii
set aside at the suit of creditors.
An instrument relating to real estate
in Minnesota executed outside the Stat
to be a legal instrument for record
should have two witnesses, and til,
acknowledgment taken by an Office
using seal. If not executed as above i
will be necessary for the clerk of tn,
court in which the instrument is exc
cuted to attach his certificate to thu
instrument certifying that it is executed
according to the laws Of that State, and
that the party taking such acknowl
edgment is qualified to do so.
Legal rights once vested must be dc
vested according to law. Equitabl,
rights may be abandoned at pleasure.
All deeds, mortgages, powers of attor
ney and other instruments for the con
veyance or incumbrance of any rea
property whatever, must be acknowl
edged, and in conformity with thu
provisions OF the statues in force where
the property is situated.
Acts indicate the intention, the act
does not make a person guilty unless
the intention be guilty also, this applies
only in criminal cases, in civil matters
it is otherwise.
The act of the agent within the scope
of his authority is the act of his prin
cipal.
Officers acting in the scope of Their
Jurisdiction and authority are justified
IN all their acts, exceeding this. they be-
come liable as a private individual.
When an act is to be done within q
certain period from particular time, as
for example, within ten days, one day is
to be taken inclusive and one day exclu.
siye.