The Origin of the System of Recording Deeds in America: a Paper Read Before ...

Cover The Origin of the System of Recording Deeds in America: a Paper Read Before ...
The Origin of the System of Recording Deeds in America: a Paper Read Before ...
Joseph Henry Beale
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shalbee entered, but onely the names of the graunter & grauntee, the thing & the estate graunted & the date; and all such entryes shalbee certified to the recorder at Boston.*' Mag- istrates were also appointed to take acknowl- edgments.
This ordinance of 1640 remained the law throughout Colonial times, omitting, how- ever, in the revisions the express provision against recording the deed in full; and it was further provided that the clerk of ever}' shire court should be the recorder.* The prov
...ision appears substantially un- changed in the Revised Laws of 1902.* ^ Colonial Laws, ed. 1672, p. 33.
' ** A conveyance of an estate in fee simple, fee tail, or for life, or a lease for more than seven years from the making thereof, shall not be valid as Digitized by Google lO The only other colonies which legislated before 1640 were Rhode Island and Con- necticut, and neither of them appears to have contributed anything to the system of recording deeds. ^ We may, therefore, safely conclude that the American registry system as it prevails at present throughout the country has its origin in Massachusetts legislation; only the provision for acknowl- edging the deed before its record being derived from Plymouth colony.


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