Page:Federal Reporter, 1st Series, Volume 2.djvu/143

 136 FBDEBAIi REPORTER, �contained shall, in any manner, affect the rights or title of any bona fide purchaser, without notice, for a valuable con- sideration, of any such real estate prior to the passage of this act." �On July 4, 1877, the quitclaim deed from Julinah P. At- •water to Josephine Seely, dated October 14, 1873, was filed for record in the office of the register of deeds of Steele county, aforesaid, and duly recorded. �CONCLUSIONS. �The deed executed August 12, 1873, by John D. Seely, Jr., and Josephine, his wife, to JuHnah P. Atwater, conveyed and passed the legal title of the real estate therein described, sub- ject only to the rights of the creditors of John D. Seely, Jr. ; and Julinah P. Atwater, by virtue of ,this deed, had full control over the real estate, and could dispose of it in such manner and to whom she pleased, the grantee taking by any conveyance from her the title subject to the rights of the creditors aforesaid. 1 Story Eq. Jur. § 61, note, 371, 428; 8 Minn, 309 ; 12 Minn. 60, 67, and cases cited; 2 Sug. Ven- dors, 436, and authorities. �The quitclaim deed from Julinah P. Atwater to Josephine Seely, executed October 14,1873, and delivered, was anullity as a deed, and did not convey the legal title, but did pass ail of her equitable interest. �The act of the legislature approved February 28, 1877, is a "healing statute," and cured ail defects in the deed which prevented its record, and after its passage the deed was en- titled to be recorded in the register's office of Steele county. �This act of the legislature is remediai in its character, and the deed, when recorded, conveyed the legal title to the real estate, unless vested rights of third persons intervened. �The "healing statute" was confined to validating acts which the legislature might have authorized previous to the execu- tion of the deed, and divested legal rights in a case where the equitable rights were Buperior, and both did not con'cur in the same person, Such legislation is constitutional and valid. The legal rights afïected by the statute were deemed to bave ����