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


also note upon the instrument On file In
his office Intended to be transferred, aud
upon the duplicate or certified copy there
OF producedt. the volume and folium where
tho memorial Is entered. with the date Of
tho entry. The transferec shall be en-
titled TO have a certified copy OF the in
strument OF transfer. with tho Endorsement
thereon. and In case OF the transfer OF the
entire charge. the duplicate or certified
copy of the instrument creating the charge.
Sec "a. A release. discharge or surren-
der OF a charge, or any part thereof or OF
any part OF the land charged may be cf-
fected In the same way as above provided
In the case OF a transfer. In case only q
part OF the charge OF the land Ia intended
TO be released. discharged or surrendered
In the register opposite the charge Mt the
same or several times the registrar shall
stamp across the instrument on file and
the memorial thereof and the Duplicate or
certified copy produced the word can
celed.''
See. 90. All charges upon registered land
or any estate or interest In the same and
any rights hereunder. may be enforced as
now allowed by law. and all laws with
reference to the foreclosure aud release or
satisfaction OF mortgages shall apply to
mortgages upon registered lands or any
estate or interest therein. except as herein
otherwise provided and except that until
notice OF the tendency of any suit 10 enforce
or foreclose such charge is filed In the
registrars office. and memorial thereof
entered upon the register. the tendency OF
such suit shall not be notice TO the regis
trar or any person dealing with the land,
or any charge thereon.
Sec. %. Before any person can convey
charge or otherwise deal with any regis
tered land or any estate or interest there
in, as attorney In fact for another, the deed
or instrument empowering him SO to act.
shall be filed with the registrar. and a me-
mortal thereof entered upon the register In
Ike manner as In case of charge. II the
attorney shall so desire the registrar shall
deliver to him certified copy Of the power
OF attorney. with the endorsements thereon.
Sec. 81. Whenever u deed or other in
strument Is filed In the registrars office
for the purpose of affecting A transfer OF.
or charge upon registered lands. or any
estate or interest In thd same. and 1t shall
appear that the transfer or charge is to
be upon some trust. condition or limita-
ton expresses in such deed or instrument.
the registrar SHALL unless such decd or In
strument directs to the contrary note In
the certificate or duplicate thereof or me
mortal the words. "in trust" or upon con-
diton'I or with limitations" as the case
may be- and no transfer or charge upon or
dealing with the land. estate or interest
shall thereafter be registered. except upon
tho written opinion of two examiners that
such transfer charge or dealing, Is In ac-
cordauce with the true intent and meaning
OF tho trust. condition or Limitation.
See. 5S. II the registrar IL satisfied
that the proposed transfer charge or other
dealing is In accordance with the true in
tent and meaning of the trust, condition
or limitation he shall proceed to register
the same, and such registration shall he
conclusive, evidence In favor Of the person
taking such transfer charge or other right.
aud those claiming under him. In good
faith and for valuable consideration that
such transfer charge or other dealing IL
in accordance with tho true intent aud
meaning of tho trust. condition or lin
ltatiou.
Sec. 50. Lands, and any estate or in
terest therein, registered pursuant to this
act. shall upon the death OF the owner, 10
10 the personal representative OF the de-
ceased in like manner as personal estate
whether the owner dies intestate or tes-
tate. and shall be subject to tho same
rules OF administration as II the same
were personality except as otherwise pro-
vided In this act. and except that the rule
OF division shall be the same us in the de-
scent Of real property.
Sec. GO. Before the personal representa-
tive OF deceased owner of registered
lands or any estate or interest therein shall
deal with the same he shall file In the
registrars Office certified copy OF his
letters OF administration or II there Ii
VIII. certified copy OF the same and of
the letters testamentary, or Of admiDistro-
ton with tho will annexed as the case
may be- and shall produce the duplicate
certificate OF title and thereupon the reg
istrar shall enter upon the register, and
the duplicate certificate a memorial there
Of. with a reference to the letters, or viii
and letters by their file number and the
date OF filing tho same.
Sec. 81. Except in case of Will, dcvising
the lands to an executor to his own use,
or upon some trust or giving TO tho exec
utor power to sell, no sale or transfer OF
registered land shall be made by tho exec
utor or by any administrator In the course
of administration. for the payment OF debts
or otherwise. except in pursuance of an or
der OF n complaint court, obtained as pro-
vidcd by law.
Sec. 62. But N memorial OF the will and
letters tcstamentary or of letters Of admin
istration being first entered upon the reg
istcr, as herein provided. the executor or
administrator may deal with mortgages,
leases and other personal interests In or
upon the registered land, as IL he were
the registered owner thereof.
Sec. SO. Where II appears by the will a
certified copy OF which with the letters tes-
tamentary is filed. as provided in this act,
that registered land Is devised to the exec
the executor may have the land transfer
red to himself upon the register, In like
manner and subject to like terms and con-
dlticns and with like rights as in case OF q
transfer pursuant to u deed filed In the
registrars office.
Sec. g. When the will Of deceased
owner OF registered land or any estate or
interest therein empowers the executor to
sell, convey cucumber. charge or otherwise
deal with the land. It shall not he neces-
sary FOR such executor to be registered as
the owner, but a certified copy OF the viii
ana letters testamentary being filed az
provided In this net. such executor may
sell. convey, encumber. charge or otherwise
deal with the land, pursuant to the own
en- In like manner as II he were the regis
tered owner of the land subject to the
conditions as to the trust. limitations and
conditions expressed IN the viii MS In case
OF trusts limitations and conditions ex-
pressed In a deed.
See 80. Before making distribution OF
undeVised registered land tho executor or |
administrator shall file In the registrars |