The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1897-03-22

fed as 10 the truth Of such affidavit and
the bona fides OF the transaction, shall is
sue 10 the owner a certiIicd copy OF the
original certificate with the memorials
anu notations appearing upon the register
anu snail note upon the register the fac,
cause. and date Of such issue. and shall
also mark upon such certified copy: Gown
ers certified copy Issued In place OF lost
lmislaid or destroyed, as the case may bel
o.rilhcate and such certificate copy shall
stand in the place Of. and have like ef
| rect rs the missing duplicate certificate,
sec. 20. The registrar shall keep a book
| 10 be known as the register OF titles, where
In he shall enter all original certificates
| OF utle by binding or writing them there's
in In the order Of their numbers. with APP
| propriate blanks for the entry of memorials
and notations allowed by this act. Each
certificate with blanks shall constitute a
separate follum OF such book. All memoir
iais and notations that may be entered upon
| me register under the terms of this net
shall be entered upon the folium consti-
| tuted by the last certificate of title of the
lard TO which they relate.
sec 20. Before the delivery OF any du-
| plicate certificate OF title receipt for II II,
the handwriting OF the owner, may be re-
CURED by the registrar, TO be signed by
nm when practicable. so rs to prevent as
iar as may be personation or forgery
! Where such RECEIPT is signed or acknowl-
| e"ecd In the presence OF a registrar or n
deputy. IL may he witnessed by such off,
Ger. III signed elsewhere, 1t may be ac-
knowledged before any officer authorized
10 take acknowledgements of deeds
| sec. "a. In every case of first regstra-
,loh OF Iand. or an estate or interest therc-
| IN, the same shall be doomed to be regis
Tered under this act, when the registrar
snaii nave marked upon the certificate of
ttie In duplicate the volume and folium
| OF the register in which the original may
be- found
sec ~. Every transfer OF registered
iahd shall be deemed To be registered un
der this act when the new certificates 10
| the transferec shall have been marked as
| III tne case OF first registration, and all
| other dealings shall be considered as reg
| lstered when the memorials or notation
thcreof shall have been entered in the
register upon the folium constituted by the
eAistng certificate of title of the land
But for the protection of the transforee
OF person claiming through any transfer
or dealing. the registration shall relate
paeK TO the time filing In the registrars
once the deed. instrument or notice. pur-
| suaht TO which the transfer. memorial or
| notation is made.
Sec. ~. The registered owner of any
estate on interest in land brought under
inns act shall. except in case OF fraud ia
| which he Is party, or of the person
| through whom he claims. without valu-
| able consideration paid in good faith hold
the same subject only to such estates.
| MORTGAGES, liens charges and interest as
| NAV be noted in the last certificates of IL
| tle In the registrars office and free from
| an oilers except; a. Any subsistinr
| tease or agreement for lease for n period
not exceeding hve years where there is ac-
Iuai occupation of the land under lease.
| The term lease shall include a verbal lief .
| Ting. IN All pitb1ic t,b,,
the description of the lands included I'm the
| certificate shall be deemed to be excluded
| from the certificates. f3) Any subsistipc
| riGht OF way or other easement however
,Ieateu' upon. over or In respect OF tho
lana. t4) Any tax or special assessment
ior which sale OF the land has not been
| mad at the date OF the certificate of title
| lo) such right Of action or counter claim
| as is allowed by this act. 90 The right of
| any person in possession OF and rightfully
entitled to the land or any part thereof,
| or any interest therein adverse to the title
| or the registered owner at the time when
| the land Is first brought under this act.
and continuing in said possession until
| the issuance of such last certificate of
| title.
| Sec 30. After land has been regis
tered no title thereto adverse or in dero-
| CATION to the title OF the registered owner
| shall be acquired by any length OF bosses
sion. merely.
Sec. 81. Except in case of fraud and
| eNcept as herein otherwise provided no
| person taking from the registered owner n
| transfer of registered land or any estate or
interest therein. or Of any charge upon the
same. shall be held to inquire into the
circumstances under which tho estate or
interest of such owner, or any previous
registered owner was registered or be ef-
iected with notice. actual or constructive,
OF any unregistered trust. lien. claim, de-
mand or interest in the land, aud the
knowledge that any registered trust lien
CLAN. demand or interest is in existence,
shall not of itself be imputed as fraud
Sec. w. In any suit for specific per
formance brought by a registered owner
of any land under the provisions of this
act. against person who may have con-
tracted to purchase such land. not having
notice of any fraud or other circumstance
which. according to the provisions of this
act. would affect the right of the vender
the certificate OF title OF such registered
owner shall be held In every court to be
conclusive evidence that such registered
owner has a good and valid title to the
land. and for the estate or interest therein
mentioned or described.
Sec. 33. In any action or proceeding
brought for electment. partition or posses
sion Of land the certificate OF title OF n
registered owner shall be held in every
court 10 be conclusive evidence, except rs
herein otherwise provided, that such regis
tered owner has good and valid title to
the land, EXCEPT as aglinst any person
rlghtfully claiming possession under some
estate, mortgage. lien, or charge noted on
the certificate.
Sec. "a The register OF any land and
duly certified copies thereof shall. except
as herein otherwise provided he received
in law and equity as evidence of the facts
therein stated. and MS conclusive evidence
that the person named therein as owner
is entitled to the land for the estate or
interest therein specified, The words heirs
and assigns" shall not be necessary to ere
ate a fec simple estate of Inheritance.
Sec. 80. Whenever a memorial has
been entered as permitted by this act, the
registrar shall carry the same forward
unon all the certificates of title until the |
Same is cancelled in some manner author |
ICED by this act.
Sec. &c. All dealings with land or
any estate or interest therein, after the |
same has been brought under this act and
nil liens encumbranccs and charges upon |