NOV. 1785.
CHAP. 72. |
APPENDIX——CHANCERY LAWS.
trustees agreeably to such order, then the chancellor may displace
such trustee or trustees, and appoint one or more trustee or trustees
in his or their stead, who shall give bond and security, to be
approved by the chancellor, for the due execution of the trust; and
all bonds taken in virtue of this power shall be made payable to
the state, and shall be filed and kept by the register in chancery,
and also by him recorded, and upon any breach of the condition,
suit may be brought by any person interested, either upon the original
bond or copy of the record, and the plea of non est factum
shall not be received in such suit, unless it be verified by affidavit
of the defendant or defendants. |
Chancellor may
order deeds to be
recorded, &c. |
11. (a) AND BE IT ENACTED, That in case
any deed hath been or
shall hereafter be executed, to the validity of which recording is
necessary by law, and such deed hath not been, or shall not be,
recorded agreeably to law, without any fraudulent design or intention
of the party claiming under such deed, that the chancellor shall
have full power and authority, upon application of the party claiming
under such deed, and summoning and hearing the party making
such deed, his heir, devisee, executor or administrator, as the case
may require (b), and being satisfied that the party claiming under
such deed has a fair and equitable claim to the premises therein
mentioned, to order and decree that such deed shall be recorded;
and when such deed is recorded, it shall, in pursuance of such decree,
be taken and considered in all courts of law and equity against
the party making such deed, his heirs, devisees, executors and administrators,
in the same state, and to have the same effects and
consequences, to all intents and purposes, as if such deed had been
recorded within the time prescribed by law, but such deed shall not
destroy, or in any manner affect, the title of any purchaser of the
same thing or premises in case of a purchase made after the date
of the deed aforesaid, and without notice of such deed by the person
making such after purchase, whether such purchase be by contract
or by deed recorded agreeably to law, nor shall such deed,
though recorded as aforesaid, in any manner affect the creditors of
the party making such deed, who may trust such party after the
date of the said deed.
(a) In the acts published by
the printer at the close of this session, a mistake
occurred by this section being numbered 12, which occasioned the references
to
the 12th section in the acts of November session 1791, ch. 79, s. 2, and
November
session 1792, ch. 41, s. 3, instead of the 11th section.
(b) By 1791, ch. 79, a similar power is given
to the chancellor, where the person
executing such deed, his devisee or representatives, may be nonresidents
of
this state, without the appearance or hearing of the defendant, on notice
being
given as the chancellor may direct.
By 1792, ch. 41, the chancellor may decree the recording
of such deed, without
the appearance or hearing of the defendant, on such notice being given
as he
may direct. A provision is also made for a rehearing. |
Infants, &c. having
joint interests
in lands, &c. such
lands may be sold,
&c. |
12. AND BE IT ENACTED, That in case any infant,
idiot, or
person non compos mentis, hath, or shall hereafter have, a joint
interest,
or interest in common with any other person or persons, in
equal or unequal proportions, in any lands, tenements or hereditaments,
and it shall appear to the chancellor, upon application of
any of the parties concerned, and upon appearance of the infant,
idiot, or person non compos mentis, as aforesaid, and hearing and
examination
of all the circumstances, that it will be for the interest and |
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