vidual, is liable to such executor, administrator, receiver or other trustee for the same, or the value thereof, and for all damages caused by such act to the trust estate. A creditor of a deceased insolvent debtor, having a claim or demand exceeding one hundred dollars against such deceased, may, for the benefit of creditors or others interested in the real property of such deceased, disaffirm, treat as void, and resist any act done or conveyance, transfer or agreement made by such deceased in fraud of the rights of any creditor, including himself, and may maintain an action to set aside such act, conveyance, transfer or agreement, without having first obtained a judgment on such claim or demand; but the same, if disputed, may be established on the trial. The judgment in such action may provide for the sale of the premises or property involved, when a conveyance or transfer thereof is set aside, and that the proceeds thereof be brought into court or paid into the proper surrogate's court to be administered according to law. [R. S., 2594; L. 1858, ch. 314, as am. by L. 1889, ch. 487 and L. 1894, ch. 740, unchanged in substance.] § 233. When remainderman may pay interest owed by life tenant. Whenever real property held by any person for life is encumbered by mortgage or other lien, the interest on which should be paid by the life tenant, and such life tenant neglects or refuses to pay such interest, the remainderman may pay such interest, and recover the amount thereof, together with interest thereon from the time of such payment, of the life tenant. [L. 1894, ch. 315, unchanged in substance.] § 234. Powers of courts of equity not abridged.― Nothing contained in this article abridges the powers of courts of equity to compel the specific performance of agreements in cases of part performance. [R. S., 2590, pt. II, ch. 7, tit. I, § 10, ARTICLE VIII. Recording Instruments Affecting Real Property. Section 240. Definitions; effect of article. 241. Recording of conveyances. 242. By whom conveyance must be acknowledged or proved. 243. Recording of conveyances heretofore acknowledged or proved. 244. Recording executory contracts and powers of at torney. 245. Recording of letters patent. 246. Recording copies of instruments which are in secretary of state's office. 247. Certified copies may be recorded. 248. Acknowledgments and proofs within the state. 253. Proof by subscribing witness. 254. Compelling witnesses to testify. 255. Certificate of acknowledgment or proof. 256. When certificate to state time and place. 257. When certificate must be under seal. 258. Acknowledgment by corporation and form of certificate. 259. When county clerk's authentication necessary. 260. When other authentication necessary. 261. Contents of certificate of authentication. 262. Recording of conveyances acknowledged or proved without the state, when parties and certifying officer are dead. 263. Proof where witnesses are dead. 264. Recording books. 265. Indexes. Section 266. Order of recording. 267. Certificate to be recorded. 268. Time of recording. 269. Certain deeds deemed mortgages. 270. Recording discharge of mortgage. 271. Effect of recording assignment of mortgage. 272. Recording of conveyances made by treasurer of Connecticut. 273. Revocation to be recorded. 274. Penalty for using long forms of covenants. 275. Certain acts not affected. 276. Actions to have certain instruments cancelled of record. 277. Officers guilty of malfeasance liable for damages. 240. Definitions; effect of article.- The term "real property " as used in this article, includes lands, tenements and hereditaments and chattels real, except a lease for a term not exceeding three years. The term " purchaser," includes every person to whom any estate or interest in real property is conveyed for a valuable consideration, and every assignee of a mortgage, lease or other conditional estate. The term "conveyance," includes every written instrument, by which any estate or interest in real property is created, transferred, mortgaged or assigned, or by which the title to any real property may be affected, including an instrument in execution of a power, and although the power be one of revocation only; except a will, a lease for a term not exceeding three years, an executory contract for the sale or purchase of lands, and an instrument containing a power to convey real property as the agent or attorney for the owner of such property. The term recording officer," means the county clerk of the county, except in the counties of New York, Kings or Westchester, where it means the register of the county. This article does not apply to leases for life or lives, or for years, heretofore made, of lands in either of the counties of Albany, Ulster, Sullivan, Herkimer, Dutchess, Columbia, Delaware or Schenectady. [R. S. 2449, pt. II, ch. 1, tit. II, § 114; R. S. 2475, pt. II, ch. 3, §§ 36, 37, 38, 39, 42, 43, unchanged in substance, except that the operation of the last paragraph is confined to leases heretofore made.] § 241. Recording of conveyances.- A conveyance of real property, within the state, on being duly acknowledged by the person executing the same, or proved as required by this chapter, and such acknowledgment or proof duly certified when required by this chapter, may be recorded in the office of the clerk of the county where such real property is situated. Every such conveyance not so recorded is void as against any subsequent purchaser in good faith and for a valuable consideration, from the same vendor, his heirs or devisees, of the same real property or any portion thereof, whose conveyance is first duly recorded. [R. S. 2469, pt. II, ch. 3, § 1, unchanged in substance. In Payner v. Wilson, 15 Wend, 469, held: That the statute avoiding an unrecorded deed as against a purchaser in good faith, etc., applies only to successive purchasers from same grantor.] § 242. By whom conveyance must be acknowledged or proved.Except as otherwise provided by this article, such acknowledg ment can be made only by the person who executed the conveyance, and such proof can be made only by some other person, who' was a witness of its execution, and at the same time subscribed his name to the conveyance as a witness. [R. S. 2470, pt. II, ch. 3, § 4, in part, § 243. Recording of conveyances heretofore acknowledged or proved. A conveyance of real property, within the state, heretofore executed, and heretofore acknowledged or proved, and certified, so as to be entitled to be read in evidence, or recorded, under the laws in force at the time when so acknowledged or proved, but which has not been recorded is entitled to be read in evidence, and recorded in the same manner, and with the like effect, as if this chapter had not been passed. If heretofore executed, but not proved or acknowledged, it may be proved or acknowledged in the same manner as conveyances hereafter executed and with like effect. [R. S., pt. II, ch. 3, §§ 22, 23, § 244. Recording executory contracts and powers of attorney.— An executory contract for the sale or purchase of real property, or an instrument containing a power to convey real property, as the agent or attorney for the owner of the property, acknowledged or proved, and certified, in the manner to entitle a conveyance to be recorded, may be recorded by the recording officer of any county in which any of the real property to which it relates is situated. [R. S., 2475, pt. II, ch. 3, § 39, unchanged in substance.] § 245. Recording of letters patent.- Letters patent, issued under the great seal of the state, granting real property, may be recorded in the county where such property is situated, in the same manner and with like effect, as a conveyance duly acknowl edged or proved and certified so as to entitle it to be recorded. [R. S., 2478; L. 1845, ch. 110, § 1, unchanged in substance.] § 246. Recording copies of instruments which are in secretary of state's office.-A copy of an instrument affecting real property, within the state, recorded or filed in the office of the secretary of state, certified in the manner required to entitle the same to be read in evidence, may be recorded with such certificate, in the office of any recording officer of the state. [R. S., 2476; L. 1839, ch. 295, § 5, |
