TITLE XXVII. FRAUDULENT CONVEYANCES AND CONTRACTS RELATIVE TO LANDS. CHAPTER CLXVI. Fraudulent conveyances and contracts relative to lands. CHAPTER CLXVIII. General provisions relating to fraudulent conveyances and Conveyances defraud. 2 Mich. 445. Walk. Ch. 437, 495. 535. 11 Ill. Rep. 508. Qualification of last section. Chapter eighty of Revised Statutes of 1846. (4687.) SECTION 1. Every conveyance of any estate or interest in lands or the rents and profits of lands, and every charge upon lands or upon the rents and profits thereof, made or created with intent to defraud prior or subsequent purchasers for a valuable consideration, of the same lands, rents, or profits, as against such purchasers, shall be void. (4688.) SEC. 2. No such conveyance or charge shall be deemed fraudulent, in favor of a subsequent purchaser, who shall have actual or legal notice of the prior conveyance or charge, at the time of his purchase, unless it shall appear that the grantee in such prior conveyance, or person to be benefited by such charge, was privy to the fraud intended. with power of will of grantor, one authorized grant. (4689.) SEC. 3. Every conveyance or charge of, or upon, any Conveyance estate or interest in lands, containing any provision for revocation, revocation at determination, or alteration of such estate or interest, or any part void. thereof, at the will of the grantor, shall be void as against subsequent purchasers from such grantor for a valuable consideration of any estate or interest so liable to be revoked or determined, although the same be not expressly revoked, determined, or altered by such grantor, by virtue of the power reserved or expressed in such prior conveyance or charge. (4690.) SEC. 4. When a power to revoke a conveyance of any Conveyance by lands, or the rents and profits thereof, and to reconvey the same, to revoke former shall be given to any person other than the grantor in such conveyance, and such person shall thereafter convey the same lands, rents, or profits, to a purchaser for a valuable consideration, such subsequent conveyance shall be valid, in the same manner, and to the same extent, as if the power of revocation were recited therein, and the intent to revoke the former conveyance expressly declared. (4691.) SEC. 5. If a conveyance to a purchaser, under either of Ibid. the two last preceding sections, shall be made before the person making the same shall be entitled to execute his power of revocation, it shall nevertheless be valid, from the time the power of revocation shall actually vest in such person, in the same manner and to the same extent as if then made. Convey certain lands. 344, 101. 6 Wend. 461. (4692.) SEC. 6. No estate or interest in lands, other than leases Requisites to for a term not exceeding one year, nor any trust or power over or interests in concerning lands, or in any manner relating thereto, shall here- 2 Dong. Mich. after be created, granted, assigned, surrendered, or declared, unless 1 Cal. Rep. 119. by act or operation of law, or by a deed or conveyance in writing, 10 Wend. 436. subscribed by the party creating, granting, assigning, surrendering, 2 Cushing. 281. or declaring the same, or by some person thereunto by him lawfully authorized by writing.' 19 Conn. R. 63. 7 Barb. 191. last section. (4693.) SEC. 7. The preceding section shall not be construed to Qualification of affect in any manner the power of a testator in the disposition of his real estate by a last will and testament; nor to prevent any trust from arising, or being extinguished, by implication or operation of law. (4694.) SEC. 8. Every contract for the leasing for a longer period Contracts to than one year, or for the sale of any lands, or any interest in lands, lands, when void See also 13 Mich. 98, 118; 15 do. 891; 18 do. 306, 887; 14 N. Y. 584; 23 N. Y. 860; 4 Denio 51; 16 Wend. 460; 18 Wend. 479; 81 Barb. 549; 25 Barb. 889, 440; 11 Paige, 405. lease or sell 15 Mich. 18. 18 Mich. 806, 387 25 Barb. 433. shall be void, unless the contract, or some note or memorandum 16 Wend. 28, 460. thereof, be in writing, and signed by the party by whom the lease or sale is to be made, or by some person thereunto by him lawfully authorized by writing. 1 Paige, 405. 10 Paige, 386. 19 N. Y. 299. Consideration need not be set forth 17 Mass 122. 5 Crunch. 142. 21 Mich. 352. Powers of court of chancery not abridged. (4695.) SEC. 9. The consideration of any contract or agreement, required by the provisions of this chapter to be in writing, need not be set forth in the contract or agreement, or in the note or memorandum thereof, but may be proved by any other legal evidence. (4696.) SEC. 10. Nothing in this chapter contained shall be construed to abridge the powers of the court of chancery to comHar. Ch. Rep. 31 pel the specific performance of agreements, in cases of part performance of such agreements. 1 Cal. Rep. 207. Ibid 67, 124. 4 Gilman, 583. Certain transfers of personal Chapter eighty-one of Revised Statutes of 1846. (4697.) SECTION. 1. All deeds of gift, all conveyances, and all property void. transfers or assignments, verbal or written, of goods, chattels, or things in action, made in trust for the use of the person making the same, shall be void, as against the creditors, existing or subsequent, 21 N Y. 181. 6 Hill, 438. Certain con tracts to be void, 11 Mich 494. of such person. (4698.) SEC. 2. In the following cases, specified in this section, unless in writing every agreement, contract, and promise shall be void, unless such 12 Mich. 10, 224, agreement, contract, or promise, or some note or memorandum thereof, be in writing, and signed by the party to be charged therewith, or by some person by him thereunto lawfully authorized, that 436 15 Mich. 292. 16 Mich. 478. 18 Mich. 845. 14 N. Y. 267 7 Cowen, 268. is to say: First. Every agreement that, by its terms, is not to be performed 20 Wend, 429. in one year from the making thereof; 10 Wend. 426. Second. Every special promise to answer for the debt, default, or 1 Gray, 891. misdoings of another person; 2 Doug. Mich. 7 Ind. Rep. 81. Third. Every agreement, promise, or undertaking, made upon 12 John. 102. consideration of marriage, except mutual promises to marry; Fourth. Every special promise made by an executor or administrator, to answer damages out of his own estate. 10 John. 243. 21 Barb. 218. of goods ex-eed 3 Mich. Rep. 322 (4699.) SEC. 3. No contract for the sale of any goods, wares, or mer- Contract for sale chandise, for the price of fifty dollars or more, shall be valid, unless ing flity dollars. the purchaser shall accept and receive part of the goods sold, or 3 Wend. 112. shall give something in earnest to bind the bargain or in part pay- 5N Y. 537. ment, or unless some note or memorandum, in writing, of the 26 Wend. 341. bargain be made and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. 18 John. 57. 12 Wend. 548. 19 Wend. 550. 12 Wend. 540. 10 Paige, 526. (4700.) SEC. 4. Whenever any goods shall be sold at auction, and Sales at auction. the auctioneer shall, at the time of sale, enter in a sale-book a 2 Cal. R. 415. memorandum specifying the nature and price of the property sold, the terms of the sale, the name of the purchaser, and the name of the person on whose account the sale is made, such memorandum shall be deemed a memorandum of the contract of sale, within the meaning of the last section. 11 Paige, 405. in regard to the another. (4701.) SEC. 5. No action shall be brought to charge any person, Representations. upon or by reason of any favorable representation or assurance ability, etc., of made concerning the character, conduct, credit, ability, trade, or 12 Mich. 10. dealings of any other person, unless such representation or assurance be made in writing, and signed by the party to be charged thereby, or by some person thereunto by him lawfully authorized. (4702.) SEC. 6. The consideration of any contract, agreement, Consideration or promise required by this chapter to be in writing, need not be forth. expressed in the written contract, agreement, or promise, or in any 17 Mass. 122. note or memorandum thereof, but may be proved by any other 4 B. & A. 595. legal evidence. need not be set 5 Cranch, 142. to be presumed session. 519. (4703.) SEC. 7. Every sale made by a vendor of goods and chat- when sale, etc., tels in his possession, or under his control, and every assignment fraudulent, unof goods and chattels by way of mortgage or security, or upon any change of poscondition whatever, unless the same be accompanied by an immedi- 1 Doug. Mich. ate delivery, and be followed by an actual and continued change 2 Mich. 855. of possession of the things sold, mortgaged, or assigned, shall be 7 Mich. 108. 519. presumed to be fraudulent and void, as against the creditors of the 10 N. Y. 309. vendor, or the creditors of the person making such assignment, or 4 HUL, 271. 1 4 Mich. 87. 17 N. Y. 28. 4 Donio, 178. 1 12 Wend. 297. 23 Wend, 653. 24 Wend. 117. 25 Wend, 396. 26 Wend. 511. Who deemed creditors. Two last sections qualified. Mortgage of goods and chat tels void in cer tain cases. 3 Mich. 105, 285. 4 Mich. 87, 295. 8 Mich. 143. 10 Mich. 500. 14 N. Y. 71. subsequent purchasers in good faith, and shall be conclusive evidence of fraud, unless it shall be made to appear, on the part of the persons claiming under such sale or assignment, that the same was made in good faith,. and without any intent to defraud such creditors or purchasers. (4704.) SEC. 8. The term "creditors," as used in the preceding section, shall be construed to include all persons who shall be creditors of the vendor or assignor, at any time whilst such goods and chattels shall remain in his possession, or under his control. (4705.) SEC. 9. Nothing contained in the two last sections shall avoid or defeat any contract of bottomry or respondentia, nor any transfer, assignment, or hypothecation of any vessels or goods at sea or abroad, if the assignee or mortgagee shall take possession of such vessels or goods, as soon as may be after the arrival thereof. (4706.) SEC. 10. Every mortgage, or conveyance intended to operate as a mortgage, of goods and chattels, which shall hereafter be made, which shall not be accompanied by an immediate delivery, and followed by an actual and continued change of possession of 17 Wend 55, 492. the things mortgaged, shall be absolutely void as against the creditors of the mortgagor, and as against subsequent purchasers or mortgagees in good faith, unless the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the mortgagor resides, except when the mortgagor is a non-resident of the State, when the mortgage, or a true copy thereof, shall be filed in the office of the township clerk of the township, or city clerk of the city, or city recorder of cities having no officer known as city clerk, where the property is.1 8 Barb. S. C. R. 103. 11 III. R. 617. Exception. Township clerk to file mortgages 10 Mich. 500. Names of parties (4707.) SEC. 11. It shall be the duty of the township or city clerk, upon the presentation of any such instrument or copy for that purpose, and the payment of his fees, to indorse thereon the time of receiving the same, and to deposit such instrument or copy in his office, to be kept for the inspection of all persons interested. (4708.) SEC. 12. Such township or city clerk shall also enter in a book to be provided by him for that purpose, the names of all the parties to such instruments, arranging the names of the mortgagors alphabetically, and shall note therein the time of filing each instrument or copy. 1 As amended by Act 158 of the Laws of 1871. p. 243, approved April 15, 1871. |