any other matter or thing to the contrary notwithstanding: Provided, That the above section or anything therein contained, shall not extend to any estate or interest in lands, tenements, hereditaments, leases, rents, uses, commons, profits, goods, or chattels, which shall be had, made, conveyed, or assured, if such estate or interest shall be upon good consideration, and bona fide, lawfully conveyed or assured to any person or persons, or body politic or corporate, not having at the time of such conveyance or assurance to them made, any manner of notice or knowledge of such covin, fraud, or collusion, as aforesaid, anything in the said section to the contrary notwithstanding. (a) chasers de SEC. 2. Every feoffment, deed, conveyance, mortgage, grant, Conveyances to charge, lease, transfer, assignment, estate, encumbrance, inter- defraud purest, and limitation of use or uses, of, in, or out of any lands, clared void. tenements, or other hereditaments whatsoever, which shall at any time hereafter be had, made, executed or contrived, for the intent and purpose of defrauding and deceiving such person or persons, bodies politic or corporate, as shall afterward purchase the same lands, tenements and hereditaments, or any part thereof, or any estate, interest, rent, property, right, or commodity, in, to, or out of the same, or any part thereof, so formerly conveyed, granted, leased, charged, transferred, assigned, encumbered, or limited in use, shall be deemed, adjudged, taken, and held, as against the person or persons, bodies politic and corporate, their heirs, successors, executors, ad- 2 Fla., 392. ministrators and assigns, and against all and every person and persons, lawfully having or claiming by, from, through, or under them, or any of them, who shall have so purchased for money or other good consideration, the same lands, tenements, hereditaments, or any part thereof, or any estate, right, interest, profit, benefit, or commodity, in, to, or out of the same to be utterly void, frustrate, and of none effect; any pretence, feigned consideration, or expressing of use or uses, to the contrary notwithstanding: Provided, That nothing in this section contained shall extend or be construed to impeach, make void, or frustrate any conveyance, assignment of lease, assurance, grant, charge, lease, estate, interest, or limitation of use or uses of, in, to, or out of any lands, tenements, or hereditaments, which shall be made upon and for good consideration, and bona fide, to any person or persons, bodies politic or corporate. (b) clause of revo SEC. 3. If any person or persons shall make any conveyance, Conveyances of gift, grant, demise, charge, limitation of use or uses, or assu- uses, &c., with rance, of, in, or out of any lands, tenements, or hereditaments, cation, declared with any clause, provision, article, or condition of revocation, void as against determination or alteration, at his, her, or their will or pleas- sales. ure, of such conveyance, gift, assurance, grant, demise, charge, limitation of use or uses, contained in the same, or any other (a) Sec. 1, Act of Jan. 28, 1823. (b) Sec. 2, Act of Jan. 28, 1823. subsequent 6 Fla., 580. 8 Fla., 31. for two years creditors and purchasers. writing whatever, of, in, or out of the said lands, tenements, or hereditaments, or any part or parcel of them; and after such conveyance, grant, gift, demise, charge, limitation of uses or assurance so made or had, shall, or do bargain, sell, demise, grant, convey, transfer, or charge the same lands, tenements, hereditaments, or any part or parcel thereof, or any estate, right, or interest in the same, to any other person or persons, bodies politic or corporate, for money or other good consideration, (the said first conveyance, assurance, gift, grant, demise, charge, or limitation, not being revoked, made void or altered according to the power and authority reserved or expressed, in and by the said first conveyance, or other writing,) that then the said former conveyance, assurance, gift, grant, demise, charge, or limitation, as touching the said lands, tenements, and hereditaments, and estate, right or interest in the same, so afterwards bargained, sold, granted, conveyed, demised, transferred or charged, as against the said bargainees, vendees, grantees, lessees, and every of them, their heirs, successors, executors, administrators, and assigns, and as against all and every person and persons who shall or may lawfully lay claim by, through, from, or under them, or any of them, shall be deemed, taken, and adjudged to be void and of none effect. (c) SEC. 4. Where any loan of goods and chattels shall be preLoan of chattels tended to have been made to any person, with whom, or those void as against claiming under him, possession shall have remained for the space of two years, without demand made and pursued by due process of law, on the part of the pretended lender, or where any reservation or limitation shall be pretended to have been made, of a use or property by way of condition, reversion, remainder, or otherwise, in goods and chattels, the possession whereof shall have remained in another, as aforesaid, the same shall be taken as to the creditor and purchasers, of the persons aforesaid, so remaining in possession, to be fraudulent within this act, and that the absolute property is with the possessor, unless such loan, reservation, or limitation of use or property, were declared by will or deed in writing, proved and recorded as aforesaid. (d) 6 Fla., 580. CHAPTER 31. CONVEYANCES OF PERSONALTY. 1. When mortgage of personalty effectual; to be admitted to record. 2. Duty of certain officers as to (c) Sec. 3, Act of January 28, 1823. keeping record of all conveyances of personalty. (d) Sec. 4, Act of Jan. 28, 1823, as amended by Chap. 872, Act of Jan. 7, 1859. 16 F.. 77. SECTION 1. No mortgage of personal property shall be effect- Mortgage of personalty. ual or valid to any purpose whatever, unless such mortgage shall be recorded in the office of records for the county in which the mortgaged property shall be at the time of the execution of the mortgage, unless the mortgaged property be delivered at the time of execution of the mortgage, or within twenty + Fla.. 465. days thereafter, to the mortgagee, and shall continue to remain 14 Fla. 251. truly and bona fide in his possession; and mortgages of 12 Fla.. 166. per9 Fla.. 359. sonal property shall be admitted to record, upon proof of the execution thereof being made and exhibited to the recording officer, in any of the ways herein before prescribed for proving the execution of conveyances, transfers, and mortgages of real property, or by proof being made upon oath by at least one credible person, before the recording officer, of the handwriting of the mortgagor or mortgagors, in cases in which there shall be no attesting witnesses to the mortgage. (a) SEC. 2. It shall be the duty of the officers authorized by law Other transfers to make and keep the record of all conveyances, to record all of personalty. conveyances, deeds, bills of sale, and all other written transfers of personal property, and all contracts and agreements for the sale of any personal property whatever, when thereto required, upon proof of the execution thereof being made upon oath before the recording officer, by a subscribing witness of such execution, or in any of the other methods herein before prescribed for proving the execution of conveyances of real property. (a) CHAPTER 32. CONVEYANCES OF REALTY BY DEED. 1. Estates of freehold and for years, how created; how assigned or surrendered. 2. Declaration of trusts in lands, &c., how manifested and proved; proviso as to resulting trusts. 3. Conveyances in trust, how executed. 4. Deed of bargain and sale, or deed of lease and release, &c.; the possession annexed to the use. 5. Certain conveyances made from January 1, 1817 to October 1, 1822, declared valid. must be recorded. 7. Conveyances by letter of attorney. 8. Recording officer shall not refuse to record. 9. Proof or acknowledgment of 10. Persons making such ac- 12. Deeds; conveyances made 6. All conveyances of real estate edged and proved. (a) Secs. 5 and 8, Act of Nov. 15, 1828. Estate of freehold and for years-how created. surrendered. 13. Deeds, &c., executed in foreign countries, how acknowledged and proved. 14. Form of certificate. 15. Deeds in other cases than be- 16. Deeds must be executed be- eign countries made valid. 18. When official seal must be attached. 19. Deeds executed prior to this law made valid. 20. Deeds must be recorded within six months after execution. 21. Certain sales by executors. &c., not to be questioned on account of irregularities, &c. 22. Limitation to above section. SECTION 1. No estate or interest of freehold, or for a term of of more than two years, or any uncertain interest of, in years or out of any messuages, lands, tenements or hereditaments, shall be created, made, granted, conveyed, transferred or released in any other manner than by deed in writing, sealed and delivered in the presence of at least two witnesses, by the party or parties creating, making, granting, conveying, transferring or releasing such estate, interest or term of years, or by his, her or their agent thereunto lawfully authorized, unless by last will and testament, or other testamentary appointment duly made according to law; and that from and after the day and year aforesaid, no estate or interest, either of freehold or term of years, other than term of years for not more than two years, Or assigned or or any uncertain interest of, in, to or out of any lands, tenements, messuages or hereditaments shall be assigned or surrendered, unless it be by deed sealed and delivered in the presence of at least two witnesses, by the party or parties so assigning or surrendering, or by his, her or their agent thereto lawfully authorized, or by the act and operation of law. (a) (1) SEC. 2. All declarations and creations of trust and confiDeclarations of dence, of or in any messuages, lands, tenements or hereditatenements, &c. ments shall be manifested and proved by some writing signed by the party authorized by law to declare or create such trust or confidence, or by his or her last will and testament, or else they shall be utterly void and of none effect: Provided, always, That where any conveyance shall be made of any lands, messuages or tenements, by which a trust or confidence shall or may arise or result, by the implication or construction of law, or be transferred or extinguished by the act or operation of law, then, and in every such case, such trust or confidence shall be of the like force and effect as the same would have been if this statute had not been made, anything herein contained to the contrary thereof in anywise notwithstanding. (a) trust in lands, Resulting truste. 2 Fla.. 523. 3 Fla.. 124. 5 Fla., 51. 11 Fla.. 62. 15 Fla., 565. € Fla.. 62. 15 Fla.. 625. (a) Secs. 1 and 2, Act of Nov. 15, 1828. (1) 1 Fla., 10, 63; 3 Fla., 124, 269; 4 Fla., 360; 5 Fla., 409; 8 Fla., 405; 2 Fla., 369; 2 Fla.. 463; 3 Fla., 41; 14 Fla., 162; 9 Fla., 60; 15 Fla., 297; 13 Fla., 602, 288; 6 Fla., 62; 12 Fla., 348: 14 Fla.. 391; 16 Fla., 466; 14 Fla., 162. Estoppel, 2 Fla., 171, 207; 5 Fla., 364; 7 Fla., 338; 16 Fla., 268. Vendors' Lien, 2 Fla., 462; 3 Fla., 41; 6 Fla., 368; 7 Fla., 329; 8 Fla., 34, 405; 5 Fla., 99; 13 Fla., 190. trust-how SEC. 3. All grants, conveyances or assignments of trust or Conveyances in confidence, of or in any lands, tenements or hereditaments, or executed. of any estate or interest therein, shall be by deed sealed and delivered in the presence of two witnesses by the party granting, conveying or assigning the same, or by his or her attorney 4 Fla., 144. or agent thereunto lawfully authorized, or by last will and testament duly made and executed, or else the same shall be void and of none effect. (a) &c., possession the use. SEC. 4. By deed of bargain and sale, or by deed of lease and By deed of barrelease, or of covenant to stand seized to the use of any other gain and sale, person, or by deed operating by way of covenant to stand annexed to seized to the use of another person, of or in any lands or tenements in this State, the possession of the bargainor, releasor or covenantor shall be deemed and adjudged to be transferred to bargainee, releasee or person entitled to the use, as perfectly as if such bargainee, releasee or person entitled to the use had been enfeoffed by livery of seisin of the land conveyed by such deed of bargain and sale, release or covenant to stand seized: Provided, That livery of seisin can be lawfully made of the lands or tenements at the time of the execution of the said deeds, or any of them. (a) 1 Jan., 1817, and SEC. 5. All deeds of conveyance, bills of sale, mortgages, Conveyances or other transfers of property, either real or personal, within made between the limits of this State, made and received bona fide, and upon 1 Oct., 1822, degood consideration, at any time between the first day of Janu-clared valid. ary, 1817, and the first day of October, 1822, shall be as good and efficient in law and equity as if the same had been made and executed according to the formalities of the Spanish law, as against the maker or makers thereof, and every person or persons claiming by, through, or under him, her, or them; but this shall not affect the interest of persons not parties to any of the contracts aforesaid: And provided also, That the said deeds of conveyance, bills of sale, mortgages, and other transfers, shall be recorded agreeably to the laws of this State, within six months from the passage of this law. (b) real estate to SEC. 6. No conveyance, transfer, or mortgage of real prop- Conveyances of erty, or of any interest therein, shall be good or effectual in law be recorded. or in equity against creditors or subsequent purchasers for a valuable consideration and without notice, unless the same shall be recorded in the office assigned by law for that purpose; and in order to procure the recording of any such conveyance, transfer, or mortgage, the execution thereof by the 4 Fla., 465. party making the same shall be acknowledged by such party, 14 Fla., 251. or shall be proved upon oath by at least one of the subscribing witnesses thereto, before the officer authorized by law to record the same, or before some judicial officer of this State. (c) 17 Fla., 122. SEC. 7. No deed, conveyance, mortgage, or other transfer, Conveyances by of any kind whatever, of any lands, messuages, tenements, or (a) Secs, 3 and 12, Act of Nov. 15, 1828. (b) Act of June 24, 1823. (c) Sec. 4. Act of Nov. 15, 1828. letter of attorney. |