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validated.

SECTION 7. This act shall apply to all assessments Assessments made since the first day of April, 1896, in accordance with existing statutes, and shall validate them as fully as if made hereunder.

SECTION 8. Section 47, of article 3, of chapter 14, and section 44, of article 1, of chapter 15, laws of Oklahoma Territory, 1893, and all acts and parts of acts in conflict herewith are hereby repealed.

SECTION 9. This act shall take effect and be in force from and after its passage and approval. Approved March 3, 1897.

Who may

hold, mort

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4.

5.

Must be in writing, and of home-
stead, husband and wife must
join in execution.

When husband or wife may ex-
ecute instrument without the
other joining.

6. Husband or wife executing in-
strument on homestead alone,
can be avoided only by the one
not joining.

7. Knowingly receiving benefits
estopped from denying val-
idity.

8. Officers' deeds must be recorded.
9. Husband and wife may make
valid contracts on separate
property separately.

10. Words "land," "real estate" and
"premises," same meaning.
Valid against third persons only

11.

when recorded.

12. Conveyance subject to defea-
sance is deemed a mortgage.

13. Separate instrument with de-
feasance is a part of instru-
ment it refers to.

14. Innocent purchasers protected.
15. When conveyance is treated as
an assignment.

16.

Benefits accruing to mortgagee.
17. What interest quit-claim con-
veys.

18. Interest conveyed by warranty
deed.

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SECTION.

23. Procedure when warrantor fails to defend his warrantee.

25.

24. Instruments must be acknowl-
edged before being recorded.
When instruments may be re-
ceived as evidence in courts.
26. Instruments affecting real es-
tate to be recorded must be in
writing, or printed, or both.
27. Corporarions may convey by at-
torney.

28

Instrument executed by corporation valid notwithstanding omissions or non-compliance with by-laws.

When instrument affecting real estate void.

29.

30.

Every estate in land conveyed is fee simple, unless limited.

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may be taken.

Form of mortgage.

40. Mortgage waiving appraisement, premises in case of foreclosure sold without being appraised.

Form of deed.

Difference in form of warranty

and quit-claim deed.

41.

42.

exe

43.

How instruments must be executed by corporations.

44.

When corporate seal must be attached.

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AN ACT regulating the conveyance of real property and mortgages
thereon and contracts relating thereto, and repealing arlicle 1, of
chapter 21, entitled "Conveyances." and chapter 82, entitled "Trans-
fers," of the Oklahoma Statutes of 1893, and other acts and parts of acts.

Be it Enacted by the Legislative Assembly of the Territory of
Oklahoma:

SECTION 1. All male persons of the age of twentygage and con-one years, and all females of the age of eighteen estate. years, and all persons who have been legally married

vey real

of whatever age, and all corporations to the extent authorized by law, may take title to, hold, mortgage, convey or make any contract relating to real estate or any interest therein.

execution not

SECTION 2. No subscribing witness shall be neces- Witness to sary to the validity of any deed, mortgage, contract, necessary. lease, bond, or other instrument conveying, affecting

or relating to real estate.

fact may

SECTION 3. Any instrument affecting real estate Attorney in may be made by an attorney in fact, duly appointed execute and empowered as hereinafter provided.

instrument.

writing, and

husband and

join in

SECTION 4. No deed or mortgage, contract or Must be in agreement, relating to real estate or any interest of homestead therein, other than for a lease for a period not to wife must exceed one year, shall be valid until reduced to execution. writing and subscribed by the parties thereto; and no deed mortgage or contract relating to the homestead exempt by law, except a lease for a period not exceeding one year, shall be valid unless in writing, and duly subscribed by both husband and wife, where both are living and not divorced, except to the extent hereinafter provided. SECTION 5. Where the title to the homestead is in When hus the husband, and the wife voluntarily abandons him may execute for a period of one year, or from any cause takes her residence out of the Territory, he may convey, mortgage, or make any contract relating thereto without being joined therein by her; and where the title to the homestead is in the wife and the husband voluntarily abandons her, or from any cause takes up his residence out of the Territory for a period of one year, she may convey, mortgage or make any contract relating thereto without being joined therein by him.

up

band or wife

instrument without the other joining.

wife execut

ment on

alone, can be

by the one

SECTION 6. If the husband shall make any deed, Husband or mortgage or contract relating to the homestead with- ing instruout being joined therein by his wife he shall be con- homestead cluded thereby, and the same can only be avoided by avoided only the wife; and if the wife shall make any deed, mort- not joining. gage or contract relating to the homestead without being joined therein by the husband, she shall be concluded thereby and the same can only be avoided by the husband; and in either case, the husband or wife

Knowingly receiving benefits estopped from denying validity.

Officers'

deeds must be recorded.

Husband and wife may make valid contracts on

property, separately.

Words

"land," "real
estate" and
"premises,"

entitled to avoid any such deed, mortgage or contract shall be concluded by a failure after due notice of any suit in a court of competent jurisdiction, to set forth his or her right, title or interest therein.

SECTION 7. Any person or corporation, having knowingly received and accepted the benefits, or any part thereof, of any conveyance, mortgage or contract relating to real estate, shall be concluded thereby and estopped to deny the validity of such conveyance, mortgage or contract, or the power or authority to make and execute the same, except on the ground of fraud; but this section shall not apply to minors or persons of unsound mind who pay or tender back the amount of such benefit received by themselves.

SECTION 8. Deeds executed by any sheriff or other officer for real estate sold under execution, order of sale, or pursuant to any order or decree of court, shall be executed, acknowledged and recorded in the manner and with like effect as other deeds.

SECTION 9. The husband or wife may convey, mortgage or make any contract relating to any real separate estate, other than the homestead, belonging to him or her, as the case may be, without being joined by the other in such conveyance, mortgage or contract. SECTION 10. The words "land," "real estate" and "premises" when used herein or in any instrument same mean- relating to real property are synonyms and shall be deemed to mean the same thing, and unless otherwise qualified, to include lands, tenements and hereditaments; and the word "appurtenances" unless otherwise qualified shall mean all improvements and every right of whatever character pertaining to the premises described.

ing.

Valid against third persons

recorded.

SECTION 11. Except as hereinafter provided, no only when acknowledgment or recording shall be necessary to the validity of any deed, mortgage, or contract relating to real estate as between the parties thereto; but no deed, mortgage, contract, bond, lease, or other instrument relating to real estate, other than a lease for a period not exceeding one year and accompanied by actual possession, shall be valid as against third persons unless acknowledged and recorded as herein provided; except, actual notice to such third

persons shall be equivalent to due acknowledgment

and recording.

subject to

deemed a

SECTION 12. Every instrument purporting to be an conveyance absolute or qualified conveyance of real estate or any defeasance is interest therein, but intended to be defeasible or as mortgage. security for the payment of money, shall be deemed a mortgage and must be recorded and foreclosed as such.

instrument

ance. is a part

it refers to.

SECTION 13. Every instrument explanatory of any Separate deed or other writing purporting to be a conveyance, with defeasbut intended to be defeasible or as security for the of instrument payment of money, shall be deemed a part thereof, and must be filed and recorded therewith; and unless such instruments are so filed and recorded together, they and each of them shall have no other effect than an unrecorded mortgage, and the recording of the principle [principal] instrument shall secure no rights to the bolder thereof.

purchasers,

SECTION 14. Any person purchasing or taking any Innocent security against real estate in good faith and without protected. notice from one holding under an instrument purporting to be a conveyance, but intended as security for the payment of money, and which instrument has been duly recorded without any other instrument explanatory thereof, shall be protected to the extent of the purchase price paid or actual outlay occasioned, with lawful interest, against all persons except those in actual possession at the time of such purchase or outlay.

veyance is

assignment.

SECTION 15. Any conveyance, other than as above when conprovided, by one holding under an instrument pur- treated as an porting to be a conveyance, but intended as security, shall be deemed and treated as an assignment and transfer of the mortgage rights of and indebtedness due the maker thereof.

accruing to

SECTION 16. All rights of a mortgagor or grantor Benefits in and to the premises described in the instrument mortgagee. and existing at the time or subsequently accruing, shall accrue to the benefit of the mortgagee or grantee, and be covered by his mortgage or conveyed by his deed, as the case may be.

SECTION 17. A quit-claim deed, made in substantial what interest compliance with the provisions of this act, shall con- conveys.

quit-claim

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