Page:1862 Territory of Dakota Session Laws.pdf/285

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268
DEEDS, MORTGAGES, &C.
[CHAP. XXXI.

which the grantor could lawfully convey by deed of bargain and sale.

Sect. 4. A conveyance made by a tenant for life or years, purporting to grant a greater estate than he possessed or convey could lawfully convey, shall not work a forfeiture of his estate, but shall pass to the grantee all the estate which such tenant could lawfully convey.

Sect. 5. No covenant shall be implied in any conveyance of real estate, whether such conveyance contain special covenants or not.

Sect. 6. No mortgage shall be construed as implying a covenant for the payment of the sum thereby intended to be secured, and where there shall be no express covenant for such payment contained in the mortgage, and no bond or other separate instrument to secure such payment shall be given, the remedies of the mortgagee shall be confined to the lands mentioned in the mortgage.

Sect. 7. No grant or conveyance of lands or interest therein shall be void, for the reason that at the time of the execution thereof, such land shall be in the actual possession of another claiming adversely.

Sect. 8. Deeds executed within this territory of lands, or any interest in lands therein, shall be executed in the presence of two witnesses, who shall subscribe. their names to the same as such; and the person executing such deeds may acknowledge the execution thereof before any judge or commissioner of a court of record, or before any notary public or justice of the peace within the territory; and the officer taking such acknowledgment shall indorse thereon a certificate of the acknowledgment thereof, and the true date of making the same, under his hand.

Sect. 9. If any such deed shall be executed in any other state, territory, or district of the United States, such deed may be executed according to the laws of such state, territory, or district, and the execution thereof may be acknowledged before any judge of a court of record, notary public, justice of the peace, master in chancery, or other officer authorized by the laws of such state, territory, or district, to take the acknowledgment of deeds therein, or before any commissioner appointed by the governor of this territory, for such purpose.