The Appeal. [volume] (Saint Paul, Minn. ;) 1889-19??, 1901-04-20


the office Of the registrar Of titles. may be
presented with the originals, and shall be at
tested and sealed BY the regss1sr md 9a atbss
memoranda on the originals, ana may % ea Ga
away by the person presenting The e. same Ger
titles the payment Of tee o. the e,g same me
saIea for that u ss c sssaesr e OF w
Sec. 40. No new certificate snail be entered
or issued upon any tSs t; 81 g fes an 1e
to said land or some part thereof from the
owner or some one Of tho Registered owners:
An estste In tee Simple shall be registsred by
nling with the register Of titles tho instrument
terest' and by a brief menorandun or me-
mortal thereof made by q registrar of titles
h upon .hs s,nilar me1norandum or memorial snail
also be made on the owners duplicate The
cancellation or e1tnguishrneat Of such in
terests shall be registered in thu same manner.
When any party in interest does not agree as
to the proper memorial to be made upon the
untary) presented for registration or where tho
registrar Of titles IL In doubt a. to tho form
to the court Tor decision. either on the certia-
cate of the registrar Of titles or upon the
demand maj In writing q any party byn IN frs the
court all the papers and evidence as shall be
necessary for the discrimination Of the ques-
to- s ali 0T pa 1s 0I a nteres IT ana sain<
enter an order prescribing the form Of the
se aaa shs IN therswth
SEQ. So, No new certificates OF htlss sna ~
be sny sas of s Ss Of
any deed or other voluntary instrument, ua-
less the owners duplicate eertiaeate is pre-
provided for in this act or upon the order
Of the court for clause shown: and whenever
be entered or a new certificate Issue a. d.
rected by said order. The production OF the
lpta instr
shall be conclusive authority from the regis
tered owner to tho registrar OF titles to enter
registration in accordance with such instru-
,nent and new certificate or uernoria! einu
all persons claiming under him. in favor OF
every purchaser for value and IN good faith
ea s' S In the e. s n an ;. os S P
or destroyed tho owner may make affidavit OF
the fact before any ofhoer authorized to ad-
facts relating to such loss, rrAelaying OF de-
strucuon and shall Ale ths same In the office
Of the registrar Of titles.
Any party in interest may thereupon apply
to the court and the court snail. Upon proofs
& Of the set n s IF s; e
and issue a new owners duplicate Certificate
s ss nrnsa 9 married. enDy e @
Of lost csrtiacate." and such ;eertiaed copy
Sec. 81. An owner Of registered land con-
fey aha shs s1eouse ded Of Which
the grantor shall hle with the registrar OF
ss n as ee ss the s and be- lies rne
Ssgs S sas sds @ e s q
esd f s fs ss sas o asS s g. s
enter in The register Of ttles new esrtiaeate Of
liver to such grantee owners duplicate
shall be stated upon the new certificate or Ger
taneously released or discharged. When deed
stated upon the cancelled certificate OF title
in fee M 1er part "a t an' e e
shall enter new certificate and issue an
owners duplicate certificate to the grantor for
cts adverse to the little Of tho registered owner
certificate. All membranes, claims or inter
tor for transfer and the certificate as to pay
ment Of taxes on unregistered land REQUIRED by
sha be made eeq before any deed plat or other
instrument affecting registered land shall be
filed or registered in the office of the regis
Sec "a. Registered land and ownership
therein shall in all respects be subject to the
to unregistered land. Nothing contained IN this
act shall in any way be construed to relieve
ny g, noaeo to- the Of
and wife or from liability to attasAYen ton on
sbty 3c ans en e of on
lshed by law on land and the buildings there.
en-, or the interest Of the owner in such land
of qss to Of sf
nants, or the right to take the same by emil
liability to be recovered by an assignee In
insolvency or trustee in bankruptcy under the
provisions Of law relating thereto, or to change
or affect in any way any other rights or la
bilities created by law and applicable to I'M
provided in this act or any amendments hereof
Sec IS. Any person may BY attorney con-
vey or otherwise deal with registered land. but
the letters or power Of attorney shall be &C.
lsnowledged and filed with the registrar OF
titles and registered. Any instrument revokng
ssh or or III S sha
mortgage the Same by executing deed or In
and such deed or instrument may be assigned,
extended. discharged, released in whole or IN
part, or otherwise dealt with by the mort
gagee by any form Of instrument sufficient in
law for the purpose.
all Instruments assigning. extending. dscharg-
ing, releasing or otherwise dealing with the
mortgage, shall be registered, and shall take
effect upon the title only from the time OF
Sec ST. The registration Of a mortgage shall
be made in the following manner, to-wt: The
owners duplicate certificate shall be presented
to the registrar Of titles with the mortgage deed
or instrument to be registered. and the regis
of title and also upon the owners duplicate
certificate memorial Of the purport Of the in
Ale ' NUMBER Of tbs Registered Instrument He
shall also note upon the instrument registered
and page Of the register Of titles where it is req
istsrsd The rsssrafs Of titles shall la as on at the
liver to him duplicate certificate of title,
like the owners duplicate, except that the
words "Mortgagee's duplicate shall be writ
ten or printed upon such certificate in large
letters. diagonally across the face \ mem
cate N shall BE- mads Upon the osrdhcate OF
title.
mortgages duplicate has been issued Is
assigned, extended otherwise dealt with,
the mortgages duplicate shall be presented
otherwise dealing with the mortgage. and a
memorial Of the instrument shall be made
she esrtsts Of d Mh snd Se se
gage Is discharged or otherwise extinsuished.
The mostgasss duplisats shall b. aurFsndsred
part Of tho charge Of the land Is intended
to be- released, discharged or surrendered. the
charge.
The production Of the mortgages duplicate
certificate shall be conclusive authority to reg
lister the instrument .herewith presented. A
mortgage on registered land may be discharged
in whole or in part by the MORTGAGE in per-
son on the register Of titles In the same man
ner as, as mortgage on unregistered land may
the record thereof in the register of deeds
office. and such discharge shall be attested by
the registrar of titles.
Sec. 50; All charges upon registered land,
any estate or interest In the same and any
allowed by law, and ali laws relating to the
foreclosure Of mortgages shall apply to mort
cages upon registered land. or any estate or
Interest therein, except herein otherwise
provided and except that notice OF the
tendency of any suit or OF any proceeding to
enforce or foreclose the mortgage or any charge
uhall be filed in the Office Of the registrar of
titles. and memorial thereof entered the
mencement Of such suit or the beginning Of
any such proceeding. A notice SO filed and
registered shall be notice to the registrar Of
titles and ell persons dealing with the land
or any part thereof.
When a mortgages duplicate has been is
sued such duplicate shall, at the time OF the
registering Of the notice. be presented. and a