collateral § 408. Lineal and collateral warranties, with all their Lineal and incidents, are abolished. The liability of those who ac- warranties. quire the real property of a decedent, by succession or will, is regulated by the CODE OF CIVIL PROCEDURE. 1 R. S., 739, § 141. See Appendix D. § 409. Deeds of bargain and sale, and of lease and re- Certain lease, are deemed grants. 1 R. S., 739, § 142. § 410. A grant of real property passes all the estate or interest of the grantor, unless the intent to pass a less estate or interest is expressed or necessarily implied. The term "heirs," or other words of inheritance, are not requisite to create or convey an estate in fee. 1 R. S., 748, § 1. The following sections of this article deeds declared grants. All the estate of grantor passes. No greater 411. No greater estate or interest passes by any grant or conveyance, hereafter executed, than the grantor him- passes. self possessed at the delivery of the deed, or could then lawfully convey, except that every grant is conclusive as against the grantor and those claiming from him by succession. conclusive on purcha sers. 412. Every grant is also conclusive as against subse- How far quent purchasers from such grantor, or from his successors claiming as such, except a subsequent purchaser, in good faith, and for a valuable consideration, who acquires a superior title by a conveyance that is first duly recorded. Convey ances by years. for § 413. A conveyance made by a tenant for life or years, of a greater estate than he possessed or could lawfully tenants fo convey, does not work a forfeiture of his estate, but passes to the grantee all the title, estate or interest which such tenant could lawfully convey. by tenant, when unnecessary. § 414. When real property is occupied by a tenant, a Attornment conveyance thereof, or of the rents or profits, or of any other interest therein, by the landlord of such tenant, is valid without an attornment of such tenant to the grantee; but the payment of rent to such grantor, by his tenant, before notice of the grant, is binding upon the grantee; and Liabilities of tenant. Conveyance of land adversely possessed. When writing neces sary. When title passes. the tenant is not liable to the grantee for any breach of the condition of the lease, until he has had notice of the grant. § 415. Every grant of real property is absolutely void, if at the time of the delivery thereof, such real property is in the actual possession of a person claiming under a title adverse to that of the grantor. But this section does not apply to grants by the state, nor to judicial sales. Mortgages of lands held adversely are permitted in certain cases, by the chapter on Mortgages. CHAPTER III. TRANSFERS OF PERSONAL PROPERTY. This chapter is new. SECTION 416. When writing necessary. 417. When title passes. 418. Executed agreement. 419. Gifts defined. 420. Gift, how made. 421. Gift in view of death. 422, 423. Revocation of. 424. When treated as a legacy. § 416. Personal property, other than ships, may be transferred without writing, except in the cases where a writing is required by the chapters on Sales and on Mortgages. The transfer of title to the whole or part of a ship can only be made by a written instrument, subscribed by the person making the transfer, or his agent; but there may be a valid oral agreement for such transfer, which the courts may enforce. The provision relating to ships is intended to settle this open question. The uniform language of the authorities is that a bill of sale is the customary and proper mode of transfer. § 417. The transfer of title is not complete until the thing sold is identified,' separated from other things so far as not to be in any way confounded with them,' put in the condition in which the purchaser agreed to take it, and ready for delivery. 1 McCandlish a. Newman, 22 Penn., 460. Aldridge a. Johnson, 7 C. & B., 898. agreement. § 418. An agreement for the sale of personal property Executed is executed, and the sale is complete, as soon as the vendor has, with the assent of the purchaser,' set apart the thing sold for the use of the latter, and given him notice thereof." 'Aldridge a. Johnson, 7 E. & B., 885, 900; Johnson a. fined. § 419. A gift is a transfer of property made voluntarily, Gifts deand without consideration. The obligations of the giver may not be made the subject of a gift. Pearson a. Pearson, 7 Johns., 26; Harris a. Clark, 2 N. § 420. In cases in which a writing is not made essential to a transfer, a gift may be verbal; but in such cases, if the thing given is capable of delivery, there must be actual or symbolical delivery in order to render the gift valid. In all cases the means of obtaining possession and control must be given. Noble a. Smith, 2 Johns., 52; Woodruff, a. Cook, 25 Barb., 8421. Where a person, being in contemplation, fear or peril of death, gives personal property to another, to be his only in case the giver should die, and accompanies such gift with actual or symbolical delivery, requiring no further act of the giver to transfer the legal title, the gift is effectual if the giver die. Written evidence of such gift is not necessary, but it must be established by the evidence of two witnesses other than the claimant. Gift, how made. Gift in view of death. § 422. A gift in view of death does not take effect, if the Revoca giver recovers or escapes from the peril, or revokes the gift. § 423. A gift in view of death is not affected by a previous will; nor by a subsequent will unless it expresses an intention to revoke the same. tion of. § 424. A gift in view of death, so far as relates only to When the creditors of the giver, must be treated as a legacy. treated as a legacy. Convey ances to be recorded. CHAPTER IV. RECORDING TRANSFERS.* SECTION 425. Conveyances to be recorded. 426. Powers of attorney, and contracts for land, how proved and recorded. 427. Letter recorded, how revoked. 428. Certain leases in counties named not affected. 429. Other instruments than deeds. 430. Books of record. 431. Who may take acknowledgments. 432. Requisites for acknowledgments. 433. Requisites for acknowledgments when made by married women in this state. 434. Married women residing out of this state. 435. Proof by subscribing witness. 436. Proof of deed when witnesses are dead. 437. What proof to be made, how certified. 438. When deed to be recorded. 439. Effect of recording and deposit. 440. Powers of attorney by married women out of the state. 441. Transfers of personal property, &c. § 425. A conveyance of real property, excepting leaseholds for a term not exceeding three years, must be recorded with the register of deeds, or, if none, then with the clerk, of the county where the property is situated. If not so recorded, it is void as against any subsequent purchaser (including an assignee of a mortgage, lease or other conditional estate), in good faith and for a valuable consideration, of the same property, or any part thereof, whose conveyance is first duly recorded. The term "conveyance," as used in this section embraces every instrument in writing by which any estate or interest in real property is created, aliened, mortgaged or assigned, or by which the title to any real property may be affected; except wills, leases for a term not exceeding three years, and executory contracts for the sale or purchase of real property, and powers of attorney. 1 R. S., 756, §§ 1, 36-38. The provisions for punishment of officers violating the directions of the statute in respect to acknowledgments and recording are omitted here, to be inserted in the PENAL CODE. attorney, tracts for proved and § 426. The preceding section does not apply to a letter Powers of of attorney, or other instrument containing a power to and conconvey real property as agent or attorney for the owner land, how thereof; but every such letter or instrument, and every recorded. executory contract for the sale or purchase of real property, when proved or acknowledged in the manner prescribed in this chapter, may be recorded in the same manner; and when so proved or acknowledged, and the record thereof when recorded, or the transcript of such record, may be read in evidence, in the same manner and with the like effect as a conveyance recorded in such county. corded, how revoked. § 427. No letter or other instrument so recorded is to be Letter redeemed revoked by any act of the party by whom it was executed, unless the instrument containing such revocation is also recorded in the same office in which the instrument containing the power was recorded. 1 R. S., 763, §§ 39, 40. § 428. The provisions of this chapter do not extend to leases for life or lives, or for years, in the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware and Schenectady. 1 R. S., 763, § 42. Certain counties leases in named not affected. struments than deeds. 429. Any instrument or judgment, affecting the title Other into real property may be recorded under this chapter, on being proved or acknowledged, or if it be a record, on being duly exemplified. The present statutes authorize wills, letters patent of the State, judgments in partition, &c., to be recorded. record. 430. Conveyances, absolute in terms, and not intended Books of as mortgages, or as securities in the nature of mortgages, are to be recorded in one set of books, and mortgages and securities in another. 2 R. S., 756, § 7. take ac knowledg ments. § 431. To entitle an instrument to be recorded it must Who may be acknowledged by the person executing the same, or proved by a subscribing witness, before one of the following officers: |