preceding sections, it will be
seen, relates to _real_, and not to personal estate. The rule in regard
to real estate, and that relating to personal estate, are generally
somewhat different in the same state.

Chapter LI.

Deeds and Mortgages.

Sec.1. In whatever manner a person acquires possession of real estate,
whether by devise, descent, purchase, or gift, evidence of possession
consists, usually, in a _deed_, which is a written instrument conveying
real estate to an heir, a purchaser, or a donee. A deed of land sold,
contains the names of the seller and the purchaser, the consideration,
or sum paid for it, and a description of it; and in express words grants
and conveys all the interest of the seller or grantor to the purchaser
and his heirs forever: and the seller affixes his name and seal to the
instrument, usually in the presence of one or more subscribing
witnesses.

Sec.2. But a deed thus executed does not give to the purchaser sure
possession of the land, until it has been duly recorded in the office of
the proper recording officer of the county in which the land lies; or in
the office of the town clerk, in those states in which conveyances are
required to be there recorded. If the land should be conveyed by the
seller to a subsequent purchaser who should get his deed first on
record, such purchaser would hold the land, unless, before purchasing,
he had had notice of a sale and deed to a prior purchaser.

Sec.3. In some states, a reasonable time is allowed a purchaser to get his
deed recorded before he loses his right of possession by the earlier
recording of another's deed. In some other states, the time is fixed by
law, and varies in these different states from fifteen days to two
years. But a deed, though not recorded in season to secure the title
against a second purchaser, or though not recorded at all, is good
against the sellor or grantor; and the dispossessed purchaser has a
lawful claim against him for the value of the land.

Sec.4. A recorder or register may not record a conveyance of land without
proof that it was executed by the person named in it as the maker or
grantor. This proof consists, usually, in a certificate of a proper
officer, on the back or margin of the deed, stating that the person so
named appeared before him, and, being duly sworn, acknowledged that he
was the person who had executed the deed. In every state, judges of
courts and justices of the peace, mayors of