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assignee, is a non-resident of this state, such action may be maintained against him, at the expiration of sixty days after the conditions of said mortgage have been fully performed, without any previous request or demand to satisfy such mortgage. (1873, c. 50, § 1.)

*$ 38. Same-proceedings when mortgage is foreclosed pending action by mortgagor—redemption. In all cases where an action has been or may be hereafter brought, and the mortgage which is sought therein to have declared satisfied and discharged of record has been foreclosed prior to the final determination thereof, the mortgagor, his heirs, representatives or assigns, may, before the time of redemption expires, for the purpose of saving his right of redemption, in case he should fail in such action, deposit with the sheriff of the proper county the amount for which the mortgaged premises were sold, together with lawful interest thereon to the time of such deposit. In making such deposit with the sheriff, said mortgagor, his heirs, representatives or assigns, shall notify said sheriff in writing that he claims said mortgage to be satisfied, and is entitled to have the same discharged of record, and that he has commenced an action to have the same declared satisfied and discharged of record, and that said sheriff is to hold and retain said money as hereinafter provided; and he shall also execute a bond or undertaking to the purchaser at such mortgage sale, with one or more sureties, and in such reasonable sum as the sheriff may fix, conditioned that he will pay all interest that may accrue and become due to said purchaser, in case such action shall fail, and deposit said bond with said sheriff; and thereupon said sheriff shall hold and retain such redemption money and bond until the final determination of such action, and such deposit shall be deemed and held to be, and is, a redemption from such foreclosure. If, upon the final determination of such action, the plaintiff fails to have said mortgage declared satisfied, in whole or in part, such sheriff shall pay over said money so deposited with him, or so much thereof as he may have been adjudged to be entitled to, and deliver said bond to the mortgagee, or his representatives or assigns, who may be entitled to the same; but if the mortgagor or either of them shall in such action have succeeded, in whole or in part, the said sheriff shall repay said redemption money, or so much thereof as the purchaser or mortgagee is not entitled to, to said mortgagor or either of them, who may be entitled to the same, with said bond. The remedy herein provided for shall be deemed to be cumulative, and in addition to other remedies now existing, (1876, c. 38, § 1.)

RECORD OF LISTS OF RAILROAD LANDS.

* 39. List of lands to be furnished register of deeds. The different railroad companies in this state who have received lands from the state to aid in the construction of their respective lines of railroad, shall cause to be prepared at their own expense, and transmit to the register of deeds of the various counties within which their respective lands are situated, full and complete lists, according to government surveys, of the lands so conveyed to them, lying within such counties respectively. (1875, c. 97. § 1.)

*$ 40. List to be examined and certified by auditor of state. Such lists, when so prepared, shall be carefully examined and compared by the state auditor with the original lists in his office, transmitted by the interior department of the general government, and, when corrected and revised by him, shall have appended thereto his certificate that the same is a full, correct and accurate list of the lands certified to the state, and by the state conveyed to said railroad companies respectively, situated within the limits of such county. (Id. § 2.)

*$ 41. List to be a public record-evidence of title. Such lists, when so prepared by said companies and certified by the said state auditor, and by said companies transmitted to the register of deeds of the different counties, shall be by such register kept as a part of the public records of said counties respectively, and shall be

prima facie evidence of the title of such railroad companies to the lands therein described. (1875, c. 97, § 3.)

*§ 42. Act applies to all land grants. This act shall apply to all lands that have heretofore been conveyed to the different railroad companies of this state, or that may hereafter be conveyed to them, for the purpose of aiding in the construction of their different lines of road. (Id. §4.)

*§ 43. Deeds under blank powers of attorney. That any power of attorney for the conveyance of real estate, heretofore executed in blank, or with the name of the grantee of the power omitted therefrom at the time of such execution, and delivered to some person with intention to have the same take effect, shall, if afterward filled out with the name of some person to execute such power, be deemed to be and be as valid and effectual, for all purposes, as if such name had been inserted therein before the execution thereof; and when any deed of real estate has heretofore been or shall hereafter be executed under or by virtue of any such power, the person or persons so executing such power of attorney, and all persons claiming by, through or under him or them, shall be forever barred and estopped from alleging in any pleading, or proving upon trial in any cause or proceeding, the fact that such power was so executed in blank. (1877, c. 101, § 1.)

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CONVEYANCES OF LANDS FRAUDULENT AS AGAINST PURCHASERS.

§ 1. Conveyances made to defraud purchasers to be void. Every conveyance of any estate or interest in lands, or the rents and profits of lands, and every charge upou

lands, or upon the rents and profits thereof, made or created with the intent to defraud prior or subsequent purchasers, for a valuable consideration, of the same lands, rents, or profits, as against any such purchasers, shall be void. 2 M. 226 (264); 2 M. 251 (291); 3 M. 282 (389).

§ 2. Exception in favor of innocent grantee. No such conveyance or charge shall be deemed fraudulent, in favor of a subsequent purchaser, who had actual or legal notice thereof at the time of his purchase, unless it appears that the grantee in such conveyance, or person to be benefited by such charge, was privy to the fraud intended.

§ 3. Conveyances with powers of revocation, when void. Every conveyance or charge of or upon any estate or interest in lands, containing any provision for the revocation, determination or alteration of such estate or interest, or any part thereof, at the will of the grantor, shall be void, as against subsequent purchasers from such grantor, for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same is not expressly revoked, determined, or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge.

$4. Conveyance under power of revocation. When a power to revoke a conveyance of any lands or the rents and profits thereof, and to reconvey the same, is given to any person other than the grantor in such conveyance, and such person thereafter conveys the same land, rents or profits, to a purchaser for a valuable consideration, such subsequent conveyance shall be valid, in the same manner and to the same extent as if the power of revocation was recited therein, and the intent to revoke the former conveyance expressly declared.

§ 5. Premature conveyance under power of revocation. If a conveyance to a purchaser, under either of the two preceding sections, is made before the person making the same is entitled to execute his power of revocation, it shall nevertheless be valid from the time the power of revocation actually vests in such person, in the same manner and to the same extent as if then made.

TITLE 2.

STATUTE OF FRAUDS.

§ 6. No action maintainable on agreement, when. No action shall be maintained, in either of the following cases, upon any agreement, unless such agreement, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party charged therewith:

First. Every agreement that by its terms is not to be performed within one year from the making thereof;

22 M. 449.

Second. Every special promise to answer for the debt, default or doings of another;

1 M. 234 (301); 5 M. 368 (455); 14 M. 194, 265; 16 M. 68; 20 M. 40; 22 M. 283; 23 M. 6, 542.

Third. Every agreement, promise or undertaking, made upon consideration of marriage, except mutual promise to marry.

§ 7. Contracts for sale of goods void, when. Every contract for the sale of any goods, chattels or things in action, for the price of fifty dollars or more, shall be void, unless,

First. A note or memorandum of such contract is made, in writing, and subscribed by the parties to be charged therewith; or,

Second. Unless the buyer accepts and receives part of such goods, or the evidences, or some of them, of such things in action; or,

Third. Unless the buyer, at the time, pays some part of the purchase-money.

8 M. 61 (109); 13 M. 191; 14 M. 127; 15 M. 440 ; 21 M. 402.

§ 8. Auctioneer's memorandum to be deemed note of contract. Whenever goods are sold at public auction, and the auctioneer, at the time of sale, enters into a salebook a memorandum specifying the nature and price of the property sold, the terms of the sale, name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a note of the contract of sale, within the meaning of the last section.

§ 9. Grants of existing trusts, void, unless in writing. Every grant or assignment of any existing trust in goods or things in action, unless the same is in writing, subscribed by the party making the same, or by his agent lawfully authorized, shall be void.

23 M. 55.

§ 10. Conveyance, etc., of land to be in writing. No estate or interest in lands, other than leases for a term not exceeding one year, nor any trust or power over or concerning lands, or in any manner relating thereto, shall hereafter be created, granted, assigned, surrendered or declared, unless by act or operation of law, or by deed or conveyance in writing, subscribed by the parties creating, granting, assigning, surrendering or declaring the same, or by their lawful agent thereunto authorized by writing.

2 M. 238 (277); 4 M. 93 (141); 8 M. 167 (250); 6 M. 241 (358.)

§ 11. Limitation of preceding section. The preceding section shall not be construed to affect in any manner the power of a testator in the disposition of his real estate by a last will and testament; nor to prevent any trust from arising or being extinguished by implication or operation of law.

§ 12. Leases for more than one year-contracts for sale. Every contract for the leasing for a longer period than one year, or for the sale, of any lands, or any interest in lands, shall be void, unless the contract, or some note or memorandum thereof, expressing the consideration, is in writing, and subscribed by the party by whom the lease or sale is to be made, or by his authorized agent.

8 M. 467 (524) 10 M. 168 (207); 14 M. 72; 16 M. 172; 20 M. 178; 21 M. 409, 538.

§ 13. Specific performance of oral agreements. Nothing in this chapter contained shall be construed to abridge the power of courts of equity to compel the specific performance of agreements, in cases of part-performance of such agreements.

13 M. 462; 14 M. 72; 20 M. 219; 23 M. 343.

TITLE 3.

CONVEYANCES RELATIVE TO LANDS, GOODS AND CHATTELS, FRAUDULENT AS AGAINST CREDITORS.

§ 14. Conveyances, etc., in trust for grantor, etc., to be void. All deeds of gift, all conveyances, and all transfers or assignments, verbal or written, of goods, chattels or things in action, made in trust for the use of the person making the same, shall be void as against the creditors, existing or subsequent, of such person.

3 M. 257 (364): 4 M. 418 (533): 14 M. 205.

§ 15. Sale of chattels without delivery, etc., presumed fraudulent. Every sale made by a vendor of goods and chattels in his possession or under his control, and every assignment of goods and chattels, unless the same is accompanied by an immediate delivery, and followed by an actual and continued change of possession, of the things sold and assigned, shall be presumed to be fraudulent and void as against the creditors of the vendor or assignor, or subsequent purchasers in good faith, unless those claiming under such sale or assignment make it appear that the same was made in good faith, and without any intent to hinder, delay or defraud such creditors or purchasers.

§ 16. Term "creditors" defined. The term "creditors," as used in the preceding section, includes all persons who are creditors of the vendor or assignor at any time while such goods and chattels remain in his possession, or under his control.

$ 17. Limitations of two last sections. Nothing contained in the two preceding sections shall apply to contracts of bottomry or respondentia, or assignments or hypothecations of vessels or goods at sea or in foreign ports, or without this state : provided, the assignee or mortgagee takes possession of such vessel or goods as soon as possible after the arrival thereof within this state.

$ 18. Conveyances, etc., with intent to defraud creditors, to be void. Every conveyance or assignment, in writing or otherwise, of any estate or interest in lands, or of any rents or profits issuing therefrom, and every charge upon lands, or upon the rents or profits thereof, made with the intent to hinder, delay or defraud creditors or other persons of their lawful actions, damages, forfeitures, debts or demands, and every bond or other evidence of debt given, actions commenced, order or judgment suffered, with the like intent, as against the persons so hindered, delayed, or defrauded, shall be void.

3 M. 271 (377); 3 M. 282 (389), 12 M. 61; 19 M. 17; 22 M. 214, 247; 23 M. 242.

$ 19. Heirs, etc., of creditors and purchasers their rights. Every conveyance, charge, instrument or proceeding, declared to be void, by the provisions of this and the two preceding titles, as against creditors or purchasers, shall be equally void against the heirs, successors, personal representatives or assignees of such creditors or purchasers.

§ 20. Fraudulent intent, a question of fact-consideration. The question of fraudulent intent, in all cases arising under the provisions of this title, shall be deemed a question of fact, and not of law; and no conveyance or charge shall be adjudged fraudulent as against creditors, solely on the ground that it was not founded on a valuable consideration.

6 M. 213 (305); 19 M. 367.

§ 21. Purchaser without notice protected. The provisions of this title shall not be construed in any manner to affect or impair the title of a purchaser for a valuable consideration, unless it appears that such purchaser had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor.

6 M. 213 (305.)

$ 22. Term "conveyance" defined. The term "conveyance," as used in this chapter, shall be construed to embrace every instrument in writing, except a last will testament, whatever may be its form, and by whatever name it may be known in law, by which any estate or interest in lands is created, aliened, assigned or surrendered.

ASSIGNMENTS FOR THE BENEFIT OF CREDITORS.*

*§ 23. Qualifications of assignees-requisite of assignment-filing. Every conveyance or assignment made by a debtor or debtors of the whole or any part of their estate, real or personal, in trust, to an assignee or assignees, for the benefit of creditors, shall be void, unless the assignee or assignees therein named are residents and freeholders of this state, and unless such conveyance or assignment be in writing, subscribed by such debtor or debtors, and duly acknowledged before an officer authorized by law to take acknowledgment of deeds, and the certificate of such acknowledgment be endorsed thereon; and until such conveyance or assignment be filed in the office of the clerk of the district court in and for the county wherein such debtor or debtors reside, or wherein the business in reference to which the same is made, has been principally carried on. (1876, c. 44, § 1.)

22 M. 247; 23 M. 55, 242.

*§ 24. Schedule of creditors, debts, assets, etc., to be filed by assignor. Every debtor or debtors, so making an assignment, shall, at the date thereof, or within ten days thereafter, make and file with the clerk of the court aforesaid a just and true statement or inventory, under his oath or affirmation, containing

First-A full and true account of all the creditors of such debtor or debtors. *An act to protect the creditors of assignors and to regulate the duties of assignees. Approved March 4, 1876, (Laws 1876, c. 14.)

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