where the land is situated. Seals and witnesses are not required. The Torrens system of registration and certification of land titles has been adopted.

COLORADO. — The whole estate conveyed passes, unless there is an express limitation. The deed must be acknowledged, and recorded in the county where the land is situated. No witnesses are required. Seals are abolished. The Torrens system of registration and certification of land titles has been adopted.

CONNECTICUT. — The deed must be in writing, signed, sealed, and acknowledged by the grantor, attested by two witnesses, and it must be recorded in the clerk's office of the town where the lands lie. A scroll answers for a seal.

DELAWARE.

A deed must be acknowledged, and recorded in the office for the county where the land lies within three months. Only one witness is necessary, and a scroll answers for a seal.

DISTRICT OF COLUMBIA. Deeds are usually witnessed, although not required by statute to be so. They must be acknowledged and recorded. Notice dates from time of receipt for record. A scroll answers for a seal.

FLORIDA.-Deeds must be in writing, sealed and delivered in presence of at least two witnesses; must be acknowledged before a proper officer, and recorded in the county where the land is situated, within six months after the execution of the same. Deeds destroyed by fire may be re-recorded under certain conditions. A scroll answers for a seal. Deed from husband to wife is valid.

GEORGIA.

A deed must be in writing, signed and sealed by the grantor, attested by at least two witnesses, acknowledged before the proper officer, and recorded in the clerk's office of the Superior Court for the county where the land lies. Mortgages must be recorded within thirty days after date. A scroll answers for a seal. The fee passes unless there are limiting words.

IDAHO. - Deeds pass all the estate of the grantor without using the word "heirs," unless a different intention is expressed. They must be in writing, acknowledged, and recorded. No witness is required. A scroll answers for a seal. The Torrens system of registration and certification of land titles has been adopted.

ILLINOIS. -Deeds convey the whole interest, unless there be a limitation; must be acknowledged and recorded in the county where the land is situated. No witnesses are required, and a scroll answers for a seal.

INDIANA. The word "heirs" is not necessary in deeds, and seals and scrolls are abolished. The deed must be in writing, signed and ac knowledged, and recorded in the county where the lands are, within fortyfive days after date. Witnesses are not necessary.

IOWA. - Every deed passes the grantor's whole interest, unless a contrary intent appears. Seals are not necessary, neither are witnesses. Deeds must be acknowledged before a judge or clerk of a court having a seal, a notary public, county auditor, or justice of the peace, and recorded in the county where the lands lie.

KANSAS. - Deeds must be in writing, subscribed by the grantor, or his agent or attorney, acknowledged and recorded in the county where the land is. Private seals, except of corporations, are abolished. Witnesses are not required. The entire estate passes unless the grant is expressly limited.

KENTUCKY.-The deed must be in writing, and should be acknowledged, and recorded in the office of the clerk of the court for the county where the land is; if not acknowledged, it may be proved by two subscribing witnesses. Seals are abolished. The entire estate passes unless the grant is expressly limited.

LOUISIANA.- Deeds should be acknowledged and attested by the person taking the acknowledgment and two male witnesses, and should be recorded in the parish where the property is. No seal or scroll is necessary.

MAINE. - Deeds must be in writing, signed, sealed, and acknowledged by the grantor, or if there be more than one grantor then by one of them, and recorded in the county where the land is. No witnesses are required.

MARYLAND. - All deeds must be signed and sealed. They require at least one witness, and must be acknowledged and recorded within six months in the county where the lands lie. A scroll answers for a seal. The entire fee passes unless a contrary intent appears.

MASSACHUSETTS. — Conveyances are made in writing, signed and sealed by the grantor or his attorney and acknowledged by the grantor, or if there be more than one grantor then by one of them and recorded in the county where the lands lie. No witnesses are necessary. A scroll is not sufficient. The entire estate passes unless the conveyance is expressly limited. The Torrens system of land title registration and certification has been adopted.

MICHIGAN.- Deeds must be signed and sealed, and witnessed by at least two persons, and acknowledged and recorded in the county where the property is. A scroll answers for a seal.

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MINNESOTA. - Two witnesses are necessary to every deed. It must be acknowledged and recorded in the county where the land is. Private seals are abolished. Words of inheritance are not necessary in order to pass the fee. MISSISSIPPI. - Deeds must be acknowledged, or proved by one or more of the subscribing witnesses, and recorded in the office of the clerk of the Chancery Court for the county where the lands are. If the deed is not acknowledged, two witnesses are necessary. A seal is not required. Actual possession and occupancy by the grantee of property conveyed is equivalent to record.

MISSOURI. Witnesses are not necessary. The deed should be signed, acknowledged, and recorded in the county where the land is. It need not be under seal unless executed by a corporation.

MONTANA.- Deeds must be in writing, signed by the grantor, and acknowledged or proved by subscribing witness, and recorded. Private seals are abolished. The entire estate passes unless the grant is expressly limited.

NEBRASKA. The deed must be signed in the presence of at least one witness, who must also subscribe as such, and acknowledged or proved, and recorded in the county where the land is. Seals are abolished.

NEVADA. Deeds must be signed, acknowledged, and recorded in the County where the land is. Witnesses are unnecessary, and a scroll answers

for a seal.

NEW HAMPSHIRE. - Deeds must be signed, sealed, acknowledged, attested by two or more witnesses, and recorded in the county where the land is. A scroll is not sufficient.

NEW JERSEY.- Deeds must be signed, sealed, acknowledged, and recorded in the county where the land is. A scroll is sufficient and witnesse are not necessary, though one is usually taken.

NEW MEXICO.-Deeds must be signed by the grantor, acknowledged, and recorded.

NEW YORK.

Every deed must be subscribed and sealed. A scroll is sufficient and if not duly acknowledged previous to its delivery, must be attested by at least one witness. It must be acknowledged before the proper officer, and recorded in the county where the land is. The Torrens system of land title registration and certification has been adopted.

NORTH CAROLINA. A scroll answers for a seal. Deeds must be acknowledged or proved by one or more witnesses, and recorded in the county where the land is.

NORTH DAKOTA. Deeds must be signed by the grantor, acknowledged and recorded. Witnesses and seals are unnecessary.

OHIO.-Deeds must be in writing, signed, acknowledged in the presence of two attesting witnesses before the proper officer, and recorded in the county where the land is. No seal is necessary.

OKLAHOMA. - Deeds must be signed by the grantors, acknowledged, and recorded. Witnesses and seals are unnecessary.

OREGON. — Deeds must be signed and sealed (a scroll is sufficient), acknowledged, and recorded within five days in the county where the land is. Two witnesses are necessary. The Torrens system of land title registration and certification has been adopted.

PENNSYLVANIA. - The deed must be signed, sealed and acknowledged, and recorded in the county where the property is within ninety days, except in Philadelphia where recording must be done at once. Deeds executed out of the State must be recorded within six months. One or more witnesses are usually taken, but are not required. A scroll answers for a seal.

RHODE ISLAND. -The deed must be in writing, signed, sealed, and delivered, acknowledged and recorded in the office of the clerk or recorder of deeds of the town or city where the property is. Witnesses are not essential. Private seals are abolished.

SOUTH CAROLINA.-The deed must be in writing, signed, sealed, and acknowledged, and recorded in the county where the land is. Two witnesses are necessary. If recorded within forty days from date, it is notice from its date, otherwise only from the date of record.

SOUTH DAKOTA.- Deeds must be signed by the grantor, acknowledged and recorded. Witnesses and seals are unnecessary.

TENNESSEE. - Deeds must be acknowledged by the grantor, or proved by two witnesses, and registered in the county where the land lies. If acknowledged by grantor no witness is necessary. Seals are abolished.

TEXAS.-The deed must be signed and acknowledged, or proved by two witnesses, and recorded in the office of the clerk of the county court where the land lies. Seals are not necessary.

UTAH.-Deeds must be signed by the grantor in the presence of one or more witnesses, acknowledged, or proved and recorded. A seal is unnecessary.

VERMONT. - Deeds must be signed and sealed (and a scroll is not sufficient) in the presence of two witnesses, acknowledged, and recorded in the clerk's office of the town or city where the property is.

VIRGINIA. A deed must be signed and sealed by the grantor, acknowledged or proved by two witnesses, and recorded within sixty days in the office of the county clerk of the county where the land lies. A scroll is sufficient.

WASHINGTON. The deed must be in writing, signed by the grantor, acknowledged, and recorded. The use of private seals is abolished. Torrens system of land title registration and certification has been adopted.

The

WEST VIRGINIA. Deeds must be executed under seal or scroll, acknowledged or proved by two witnesses, and recorded in the county where the land is. Witnesses are not required when deed is acknowledged.

WISCONSIN. - Deeds must be signed and sealed in presence of two witnesses, acknowledged, and recorded in the county where the lands are. A scroll answers for a seal.

WYOMING. - Deeds must be signed and sealed by the grantor in the presence of one witness, acknowledged, and recorded. A scroll answers for a seal.

CHAPTER XXX.

MORTGAGES OF LAND.

THE purpose of a mortgage is to give to a creditor the security of property. It is very similar to a pledge, although not the same thing.

Mortgages are now made of personal property, as well as of real property; but we will consider in this chapter a mortgage of real property; or, as it is usually called, a mortgage deed.

This is a deed conveying the land to the creditor as fully, and in precisely the same way, as if it were sold to him outright; but with an addition. This consists of a clause inserted before the clause of execution, to the effect that if the grantor (the mortgagor) shall pay to the grantee (the mortgagee) a certain amount of money at a certain time, then the deed shall be void. It is usually expressed in words substantially like these:

"Provided, nevertheless, that if the said A B (the grantor), his heirs, executors, or administrators, shall pay to the said C D (the grantee), his executors, administrators, or assigns, the sum of $ with interest (semi-annually, or otherwise as agreed

on), on or before the day of —, then this deed, and also a certain promissory note signed by said A B, whereby said A B promised to pay said C D, or his order, the said sum at the said time, shall both be void; and otherwise shall remain in full force."

In some states it is more frequent to make a bond, instead of a note, to be secured by the mortgage; and the proviso should be altered accordingly; and it should also be made to express any other terms agreed on. Some of these will be spoken of presently.

In law, everything is a mortgage which consists of a valid conveyance, and a promise, or agreement, which may be on the same or on a different piece of paper or instrument, providing that the conveyance shall be void when a certain debt is paid, or the act performed for which the mortgage is security.

The mortgagee has now a title to the land; but it is subject to avoidance by payment of the debt. Until such payment, the land is his; and all the mortgagor owns in relation to it is a right to pay the debt and redeem the land. Hence, a mortgagee has instantly as good a right to take possession of the land (unless, as is now common, the deed provides that the mortgagor may retain possession) as if he were an outright purchaser.

Formerly, a mortgagor had a right to redeem his land only before or when the debt became due; for if he did not pay the money when it was due, he had no further right. But courts of equity, deeming this too hard, allowed him a further time to redeem it. And courts of law adopted the same rule, which is also contained in the statutes of all our States. This right to redeem is called a right in equity to redeem, or, more briefly and commonly, an equity of redemption; which all courts now regard and protect. The mortgagor may sell this equity of redemption, or he may mortgage it by making a second or other subsequent mortgage of the land, and it may be attached