done or suffered anything whereby the said premises have been incumbered in any way whatever. In witness whereof the said party of the first part has hereunto set his hand and seal the day and year first above written. In presence of: SCHEDULE C. This indenture, made the eighteen hundred and party of the first part, and second part. ...... Mortgage. Whereas, the said ... is justly indebted to the said party of the second part in the sum of ........ dollars, lawful money of the United States, secured to be paid by his certain bond or obligation, bearing even date herewith, conditioned for the payment of the said sum of ........ dollars, on the ........ day of ... ... ... ... ... ... ... ... ... ..., eighteen hundred and and the interest thereon, to be computed from ... centum per annum and to be paid ... ..... ... at the rate of ..... per It being thereby expressly agreed that the whole of the said principal sum shall become due after default in the payment of interest, taxes or assessments, as hereinafter provided. Now this indenture witnesseth, that the said party of the first part, for the better securing the payment of the said sum of money mentioned in the condition of the said bond or obligation, with interest thereon, and also for and in consideration of one dollar, paid by the said party of the second part, the receipt whereof is hereby acknowledged, doth hereby grant and release unto the said party of the second part, and to his heirs (or successors) and assigns forever (description), together with the appurtenances, and all the estate and rights of the party of the first part in and to said premises. To have and hold the above granted premises unto the said party of the second part, his heirs and assigns forever. Provided always, that if the said party of the first part, his heirs, executors or administrators, shall pay unto the said party of the second part, his executors, administrators or assigns, the said sum of money mentioned in the condition of the said bond or obligation, and the interest thereon, at the time and in the manner mentioned in the said condition, that then these presents, and the estate hereby granted, shall cease, determine and be void. And the said party of the first part covenants with the party of the second part as follows: 1. That the party of the first part will pay the indebtedness as herein before provided, and if default be made in the payment of any part thereof, the party of the second part shall have power to sell the premises therein described according to law. 2. That the party of the first part will keep the buildings on the said premises insured against loss by fire for the benefit of the mortgagee. 3. And it is hereby expressly agreed that the whole of said prin. cipal sum shall become due at the option of the said party of the second part after default in the payment of interest for .... days, or after default in the payment of any tax or assessment for ..... days, after notice and demand. In witness whereof, the said party of the first part hath hereunto set his hand and seal, the day and year first above written. In the presence of: [L. 1890, ch. 475, § 6, unchanged in substance. § 224. When contract to lease or sell void. A contract for the leasing for a longer period than one year, or for the sale of any real property, or an interest therein, is void, unless the contract, or some note or memorandum thereof, expressing the consideration, is in writing, subscribed by the lessor or grantor, or by his lawfully authorized agent. [R. S. 2589-90, pt. II, ch, 7, tit. I, § 8-9, § 225. Effect of grant or mortgage of real property adversely possessed. A grant of real property is absolutely void, if at the time of the delivery thereof, such property is in the actual possession of a person claiming under a title adverse to that of the grantor; but such possession does not prevent the mortgaging of such property, and such mortgage, if duly recorded, binds the property from the time the possession thereof is recovered by the mortgagor or his representatives, and has preference over any judgment or other instrument, subsequent to the recording thereof; and if there are two or more such mortgages, they severally have preference according to the time of recording thereof, respectively. [R. S. 2453, pt. II, ch. 1, tit. II, §§ 147-148, unchanged in substance.] § 226. Conveyances with intent to defraud purchasers and encumbrancers void. A conveyance of an estate or interest in real property, or the rents and profits thereof, and every charge thereon, made or created with intent to defraud prior or subsequent purchasers or encumbrancers, for a valuable consideration, of the same real property, rents or profits, is void as against such purchasers and encumbrancers. Such a conveyance or charge shall not be deemed fraudulent in favor of a subsequent purchaser or encumbrancer, who, at the time of his purchase or encumbrance, has actual or legal notice thereof, unless it appears that the grantee in the conveyance, or the person to be benefited by the charge, was privy to the fraud intended. [R. S. 2588, pt. II, ch. 7, tit. I, §§ 1-2, § 227. Conveyances with intent to defraud creditors void.— A conveyance or assignment in writing or otherwise, of an estate, interest, or existing trust in real property, or the rents or profits issuing therefrom, or a charge on real property, or on the rents or profits thereof, made with the intent to hinder, delay or defraud creditors, or other persons, of their lawful suits, damages, for feitures, debts or demands, or a bond or other evidence of debt given, suit commenced or decree or judgment suffered, with the like intent, is void as against every person so hindered, delayed or defrauded. [R. S. 2592, pt. II, ch. 7, tit. III, § 1, unchanged in substance as far as the same relates to real property.] § 228. Conveyances void as to creditors, purchasers and encumbrancers, void as to heirs and assigns.- A conveyance, charge, instrument or proceeding, declared by this article to be void as against creditors, purchasers or encumbrancers, is equally void as against their heirs, successors, personal representatives or assigns. [R. S. 2593, pt. II, ch. 3, tit. III, § 3, unchanged in substance.] § 229. Fraudulent intent, question of fact.- The question of fraudulent intent in a case arising under this article, shall be deemed a question of fact and not of law; and a conveyance or charge shall not be adjudged fraudulent as against creditors, purchasers or encumbrancers, solely on the ground that it was not founded on a valuable consideration. [R. S. pt. II, ch. 7, tit. III, § 4, § 230. Rights of purchaser or encumbrancer for valuable consideration protected. This article does not in any manner affect or impair the title of a purchaser or encumbrancer for a valuable consideration, unless it appears that he had previous notice of the fraudulent intent of his immediate grantor, or of the fraud rendering void the title of such grantor. [R. S. 2593, pt. II, ch. 7, tit. III, § 5, § 231. Conveyances with power to revoke, determine or alter.— A conveyance of or charge on an estate or interest in real property, containing a provision for the revocation, determination or alteration of the estate or interest, or any part thereof, at the will of the grantor, is void, as against subsequent purchasers and encumbrancers, from the grantor, for a valuable consideration, of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined or altered by the grantor, by virtue of the power reserved or expressed in the prior conveyance or charge. Where a power to revoke a conveyance of real property 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 real property, rents or profits to a purchaser or encumbrancer for a valuable consideration, such subsequent conveyance is valid, in the same manner and to the same extent as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. If a conveyance to a purchaser or encumbrancer, under this section, be made before the person making it is entitled to execute his power of revocation, it is nevertheless 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. [R. S., 2588-9, pt. II, ch. 7, tit. I, §§ 3, 4, 5, § 232. Disaffirmance of fraudulent act by executor and others. - An executor, administrator, receiver, assignee or other trustee, may, for the benefit of creditors, or of others interested in real property held in trust, disaffirm, treat as void and resist any act done or transfer or agreement made in fraud of the rights of any creditor, including himself, interested in such estate or property; and a person who fraudulently receives, takes, or in any manner interferes with the real property of a deceased person, or an insolvent corporation, association, partnership, or indi |