ATWATEB V. BBELT. 136 �witnesses to the signature of the grantor; that this deed re- mained in the possession of Josephine Seely and her husband after its delivery, and no efifort was made to have any cor- rection in the form of the same, or demand made for a deed to be executed m conformity with the laws of Minnesota, until after the death of Josephine Seely, which occurred April 14, 1875, -when, uponthe request of John D. Seely, Jr., a warranty deed was executed and delivered by her to him of the same premises, April 1 9, 1875, without any consideration passing therefor, which deed was recorded September 6, 1875, after the death of John D. Seely, Jr., ocourring in July, 1875. �I find that John D. Seely, Jr., and Josephine, his wife, left no issue by their marriage. �I also find that an act was passed by the legislature of the state of Minnesota, approved February 28, 1877, as foUows : "Be it enacted — �"Section 1. That all conveyances of real estate in this state, or of any interest in such real estate heretofore executed in any state or territory of the United States, if executed and acknowledged according to the laws of such other state or territory, are hereby legalized and made valid, and may be recorded to the same extent and for the same purposes aa though the same had been executed in accordance with the laws of this state: Provided, that before such conveyance shall be entitled to record the party presenting such convey- ance for record shall also present for record the certifieate of the clerk, or other proper certifying officer, of a court of record of the county or district within which such acknowledgment was taken, under the seal of his office, that the person whose name is subscribed to the certifieate of acknowledgment was, at the date thereof, such officer as he is therein represented to be, and that he believes the signature of such person sub- scribed thereto to be genaine, and that the conveyance is executed according to the laws of such state, territory, or dis- trict ; and all such conveyances are hereby declared to be legal, and valid, and effectuai, to all intents and purposes, and the record thereof shall have the same effect as in other cases authorized by law: Provided, kowever, that nothing herein ����
Page:Federal Reporter, 1st Series, Volume 2.djvu/142
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