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Session Laws, 1854
Volume 616, Page 498   View pdf image
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APPENDIX.

495

112. A married woman may mortgage any of her

real estate, by a mortgage executed by herself and hus-
band.

Married wo-
man may
mortgage.

113. An assignment of a mortgage may be made in
the following form or to the like effect, which shall be
acknowledged and recorded as the original :

I hereby assign [here insert the date, parties and
amount of the mortgage to the assignee.]

Witness my hand and seal, this day
of

[Seal.]

Assignment of
mortgage.

114. Every assignment made in the above form or
the same in substance, shall be construed and deemed
sufficient to convey to the assignee, every right which
the assignor possessed under said mortgage, at the time
of the assignment thereof, in as full and ample manner
as any instrument of writing whatever could do.

Construed.

115. A release of a mortgage may be made in the
following form or to the like effect :

Release of a
mortgage.

I hereby release the above [or within] mortgage.

Witness my hand and seal, this day
of

[Seal.]

Form.

116. Such release may be written by the mortgagee
or his assignee, upon the record in the office where the
mortgage is recorded, and attested by the clerk of the
court, and the clerk at the time of recording every mort-
gage, shall leave a blank space at the foot thereof for
the purpose of entering such release.

Release to be
written upon
record.

117. Or such release may be endorsed on the original
mortgage, or a copy thereof if the original is lost, by the
mortgagee or his assignee, and upon such mortgage
with the release thereon endorsed being filed in the of-
fice in which the mortgage is recorded, the clerk shall
record such release at the foot of the mortgage.

Release may
be endorsed
on original
mortgage.

118. When the mortgage with the release thereon is
filed for the purpose of recording the release, the clerk
shall retain such mortgage in his office and not permit
the same to be again withdrawn.

Clerk to re-
tain mort-
gage.



 
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Session Laws, 1854
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