1822 - Edocs

Conveyance of
lands— g-ives fee
simple.
Unless.
Where limited in
remainder.
— •
Possession passes
ithoat—liver;
of &eizen.
Mortgages he. be
recordt.l.
No sale but by decree.
oO
5. Be it further enacted, That, every estate in iands^
which shall hereafter be granted, conveyed or devised to
one, although other words which were heretofore necessary
to transfer ah estate of inheritance, be not added shall
be deemed a fee simple, if a less estate be not limited by
express words, or do not appear to have been granted,
conveyed or devised by .construction or operation of law,
where any estate hath been or shall be limited by any
conveyance in remainder to the son or daughter or to the
use ui' the son or daughter of any person to be begotten,
such son or daughter born after the decease of his or
her father, shall take the estate in the same manner as if
he or she had been born in the life time of the father although
no estate shall have been conveyed to support the
contingent remainder after his death.
6. Be it further enacted, That, by deed of bargain and
sale, or by deeds of lease and release or covenant to stand
seized to use, or deed operating by way of covenant to
st tnd seized to use, the possession of the bargainor, releasor
or covenantor, shall be deemed hereafter to be
transferred to the bargainee, releasee, or person entitled to
the use, for the estate or interest which such person hath
or shall have in the use, as perfectly as if such bargainee,
releasee or person entitled to the use had been enfeoffed
by livery of seizen of the land intended to be conveyed by
the said deed or covenant.
7. Be it further enacted, That, all mortgages and deeds
of trust shall be recorded in the same manner as other
conveyances above required, and there shall be no sale
under a mortgage or deed of trust but by a decree of the
Court of Chancery, upon a bill filed to foreclose the equity
of redemption.
EDMUND LAW,
President pro tempore of the Legislative Council.
[Approved 31*/ August 1822.]
WM. P. DUVAL,
Governor of the Territory of Florida.
TEST,
ROBERT MITCHELL,
Clerk of the Legislative Council.