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

! accrued at the date Of the registration OF
: the land. may, prior to the expiration OF the
said i've years after such registration, file
In tho registrars office a notice. under
7 oath, setting forth his interest, right, title
lien or demand and how and under whom
derived and tho character and nature thcrc-
or, and II such notice or couuter-clain ia
so flcd an action may be brought to as
, sert or recover or enforce the same at any
tim, within one year after the right OF
action shall have accrued thereon. or at
any time within the period OF Ave years
{ after said first registration and not there
after 1t shall be the duty OF life ton
> ant or trustee to file such counter claim
' on behalf Of any remainder man or revision
whether the rescinder or reverson be at the
5 time vested or contingent. and of guar
dian TO file such counter-claim on behalf
. OF his ward.
Sec. 49, A registered owner OF land de-
l string to transfer his whole estate or in
, terest therein or some distinct part or
parcel thereof or some individual interest
> therein, or to grant out of his estate for
life or for term of not less than ten
years, may execute to the intended trans
1 fierce deed or instrument OF conveyance
In any form authorized by law for that
: purpose. And upon fling such deed or
> other instrument In the registrars office.
and surrendering to tho registrar the dupli-
cato certificate of title, and upon its being
| made to appear TO the registrar that the
transferee has the title or interest proposed
to be transferred and is entitled TO make
the conveyance and that transferee has q
right to have such estate or interest trans
ferred to him he shall Issue in duplicate
and register as here!nbcforc provided a
new certificate the title to the estate or
: Interest in the land desired to be con
veyed to be in tho transferee. and shall
! note upon the original and duplicate GER
: thcate tho date OF the transfer. the name
of the transleree and the volume and folio
In which the new certificate is registered
and shall stamp across the original and
, surrendered duplicate certificates tho word
cancelled in whole or part. as the case
| may be.
Sec. 40. when only a part OF the land
/ described In certificate Is transferred or
some estate or interest In the land is to
, remain in the transform a new certificate
shall be issued to him for the estate or
, interest remaining in him.
See. Al. The registrar shall mark as filed
; every decd, mortgage, lease and other in
strument which may he died In his office
In the order of its receipt. and shall note
thereon at the date of filing the minute.
hour, day and year IT is received. When
the date of fling any instrument is re-
uuiied to be entered upon the register It
J shall be the same as that Endorsed upon
such instrument
Sec. 40. All instruments. notices and
papers required or permitted by this act
|
shall be retained and kept In his office.
See. 33. Like forms OF deeds mortgages,
lesser and other instruments as now
or may hereafter be sufficient in law for
tho purpose intended may be used In deal
ing with registered land and any estate
or interest therein.
| Sec. A. on all instruments presented
to the registrar for registration shall be
Endorsed tho name and address of the per-
son so presenting the same and all notices
by the registrar or other person. relating
TO tho land therein described. may be such
person at such address. The address may
be changed from time TO time by such
person filing with the registrar a written
notice of such change.
Sec. "a. A deed, mortgage, lease or
other instrument purportlng to convey,
transfer. mortgage. lease. charge or 9TH
erwisc deal with same. other than a Will
or lease not exceeding five years where the
land Is In actual possession OF the lessee
or his assigns shall take effect only by
way of contract between the parties there
to, and as authority to the registrar to
| register the ransfcr mortgage. lease
| charge other dealing upon compliance
with the terms OF this act. on completion
of such registration tho land. estate. inter
est or charge shall become transferred,
mortgaged. leased charged or dealt with
according to the pnrport and terms of the
deed, mortgage. lease or other Instruments.
Sec. 40. No transfer Of title 10 land
or any estate or interest therein, mort
gage shall be registered until 1T shall he
made to appear to the registrar that the
land has not been sold for any tax or as
sossment upon which deed has been
given. and the title Is outstanding or upon
which a deed may thereafter he given not
until II shall appear that the dover right
OF dover and estate of homestead. II any,
have been released or extinguished unless
the transfer or mortgage is intended to be
4, sIH.s. Not. a cha
60 stated in the certificate Of title.
Sec. A. Every certificate of title to
land shall state whether the transferee tex
cept when the latter Is corroration) Is
| married or not married. and II married,
the name OF husband or wife. The trans
fierce shall furnhh the registrar the neces-
sary Information before he shall be on
titled to have the land transferred 10 him
on tho registrar.
Sec As. Every mortgage. lease for
term not exceeding ten-year contract to
| sell and other instrument intended to
create a lien. incumbrance or charge upon
| registered land or any interest therein,
| shall be deemed to be u charge thereon, and
may be registered as herinafter provided.
See. 40. On the filing OF the instrument
intended to create the charge in the regis
| trar's office, and the production of the du-
picate certificate of title. and it appearing
! to the registrar that the Rerson intending
| to create the charge has the title and
| right to create such charge and that the
person in whose favor the same is sought
to be created is entitled br the terms Of
this act to have the same registered. he
shall enter upon the folium OF the register
and also upon the duplicate certificate u
memorial of the puTporL thereof aud the
date of filing the instrument with a ref
erenco thereto, by its file number, which |
memorial shall be signed by the registrar.
The registrar shall also note upon the in
strument. on file. tho volume and folio Of
the register where the memorial Is en-
tered.
Sec. 80. A trust deed In the nature OF a |
mortgage shall be deemed to be a mort |
gage. and be subject to the same rules as
mortgage.
Sec. 81. When any mortgage, lease or |
other instrument creating or dealing with |
a charge upon registered land or any es- |
tate or interest therein is In duplicate
triplicate or more parts, only one OF the |