Page:1862 Territory of Dakota Session Laws.pdf/289

272 such evidence may be rebutted by other competent testimony.

. 26. When a deed purports to be an absolute conveyance in terms, but is made or intended to be made defeasible by force of a deed of defeasance, or other instrument for that purpose, the original conveyance shall not be thereby defeated or affected, as against any person other than the maker of the defeasance, or his heirs or devisees, or persons having actual notice thereof, unless the instrument of defeasance shall have been recorded in the office registry of deeds of the county where the lands lie.

. 27. The recording of assignment of a mortgage shall not, in itself, be deemed notice of such assignment to the mortgagor, his heirs or personal representatives, so as to invalidate any payment made by them, or either of them, to the mortgagee.

. 28. The term “purchaser," as used in this chapter, shall be construed to embrace every person to whom any estate or interest in real estate, shall be conveyed for a valuaable consideration, and also every assignee of a mortgage, or lease, or other conditional estate.

. 29. The term conveyance," as used in this chapter, shall be construed to embrace every instrument in writing by which any estate or interest in real estate is created, aliened, mortgaged, or assigned, or by which the title to any real estate may be affected in law or equity, except wills, leases for a term not exceeding three years, and executing contracts for the sale or purchase of lands.

. 30. The preceding section shall not be construed to extend to a letter of attorney, or other instrument containing a power to convey lands as agent or attorney for the owner of such lands; but every such letter or instrument, and every executory contract for the sale or purchase of lands, when acknowledged or proved in the manner prescribed in this chapter, may be recorded by the registry of deeds of any county in which the lands to which such powers or contract relates may be situated; and where so acknowledged or proved, and the record thereof, when recorded, or a transcript of such record duly certified, may be read in evidence, in the same manner, and with like effect, as a conveyance recorded in such county.