The statute requiring foreign express companies to file statements in the recorder's office of each county in which business is conducted applies to all copartnerships, associations and joint stock companies not organized under the laws of this state which do business as express companies, and in suits against such companies it is not necessary to allege that such statements have been filed. Adams Express Co. v. State, 161 Ind. 328.

3312b. Equal terms, schedule of rates.

The act of 1901, sections 3312b-3312f, Burns' R. S. 1901, regulating the business of express companies is constitutional, and construction of such acts and rights) and liabilities of such companies and persons thereunder. Adams Express Co. v. State, 161 Ind. 328.

CHAPTER 20.

CONVEYANCE OF LAND.

Section numbers to notes refer to Revised Statutes of 1901.

3348. Unnecessary words, estate created. 3388a. Insane husband or wife, order of 3349. Form of mortgage.

court.

[Acts 1903, P. 184. In force March 7, 1903.]

3333. Aliens, devise, descent, conveyance.-2. All other aliens may take and hold land by devise and descent only, and may convey the same at any time within five (5) years thereafter, and no longer, and all lands so left and remaining unconveyed at the end of five (5) years shall escheat to the State of Indiana: Provided, however, That whenever any alien shall acquire, or shall have acquired heretofore, any land by devise or descent, and the final settlement of the estate of such decedent shall be, or shall have been, delayed for more than five (5) years, said alien shall have an additional period of two (2) years from the final settlement of such estate within which to convey said land: And provided further, That in the event such alien, during the pendency of such settlement of such estate shall have become a naturalized citizen of the United States and of the state in which he resides, then and in such event such naturalized alien, thus becoming a citizen, shall be and is relieved of all disabilities of aliens as to ownership of real estate; and he may continue to hold real estate, taken by devise or descent, and may further acquire and hold real estate in like manner and with like power as citizens of the United States.

This act amends section 3333, Burns' R. S. 1901. See notes to such section.

3333a. Pending suits not affected.-2. Nothing contained in this act shall effect, in any manner, pending litigation involving the escheat of lands to the State of Indiana.

[Acts 1905, p. 410. In force March 6, 1905.]

3333b. Aliens holding real estate.-1. That natural persons who are aliens, whether they reside in the United States or any foreign country, subject to the provisions hereinafter contained, may acquire by purchase, devise or descent, and may hold and enjoy real estate, and may convey, devise, transmit, mortgage or otherwise encumber the same in like manner and with the same effect as citizens of this state or the United States. The title of any real estate heretofore inherited, mortgaged, conveyed or devised shall not be questioned, nor in any manner affected, by reason of the alienage of any person, from or through whom, mediately or immediately, such title is claimed or derived. See sections 3328, 3332 and 3333, Burns' R. S. 1901, and notes.

3333c. Lands escheat to State.-2. If any alien shall hereafter in any manner, acquire land in this state in excess of three hundred and twenty (320) acres, he shall, within five (5) years from acquiring such excess or from arriving at the age of twenty-one years, if a minor, unless he shall have become a citizen of the United States, convey all lands acquired by him in this state, except that if he dies within said period without having conveyed, nothing herein shall prevent his heirs or devisees from inheriting or taking by devise from or through him such unconveyed lands, subject to all the provisions of this act. If any alien shall acquire such excess above three hundred and twenty (320) acres and such excess shall remain unconveyed at the end of five years after the acquisition thereof, then such excess shall escheat to the State of Indiana, and it shall be the duty of the attorney-general to file an information in.the circuit or superior court of the county in which said land is situated, alleging the ground upon which recovery is claimed, making all persons interested parties thereto, and the attorney-general shall, at the time of filing such information, file in the office of the clerk of said court a notice containing the title of the court, the names of all the parties, if known, and if not known, then by the designation of "unknown heirs," as is provided in suits to quiet title, to such suit, a description of said real estate and a statement of the nature of such action, and said notice shall be by the clerk recorded in lis pendens record as of the date and hour of filing, and said land and all of the land owned by said alien and described in said information. and notice shall, upon hearing and judgment, upon such information, escheat to the state: Provided, Any person, firm or corporation, who, prior to the filing of such information and notice, in good faith and for a valuable consideration shall have, or except for the alienage of the person or persons, from or through whom, mediately or immediately, claim is made, would have acquired, either by deed, mortgage, contract, legal proceeding or otherwise, any right, title, interest or lien to, in or

upon said lands, or any part thereof, shall not be prejudiced nor affected by the alienage of any such person or persons, and every such right, title, interests or lien shall be in all respects as valid as if the alienage of such person or persons did not exist, and may be set up by the owner or owners thereof and shall be fully protected in any proceeding for the recovery or to enforce the escheat of said lands in favor of the state.

3333d. Repeal, saving clause.-3. All laws and parts of laws in conflict with the provisions of this act are hereby repealed: Provided, however, Nothing contained in this act shall affect in any manner the title to any real estate heretofore recovered or conveyed, by or under the authority of the state as escheated lands, or pending litigation involving the escheat of lands to the state or the title of the state to any lands to which it has heretofore claimed, asserted or attempted to assert title by an action in any court of this state.

3335. How conveyance made.

The grant of all the gas and oil in and under a tract of land is a grant of an interest in the land and must be in writing. Heller v. Dailey, 28 App. 555.

A grant of an interest in land which is required to be in writing, can only be surrendered and released by a written instrument. Heller v. Dailey, 28 App. 555.

3345. Deed and recording.

In an action to quiet title to land against a subsequent purchaser, it must be alleged in the complaint that the deed under which the plaintiff claims was recorded within the time fixed by statute, or that such purchaser had notice of the claim of the plaintiff. Union Central Co. v. Dodds, 155 Ind. 365; Dodds v. Winslow, 26 App. 652.

3348. Unnecessary words, estate created.

It is not necessary to use the words "heirs and assigns of the grantee" in a deed in order to create in the grantee an estate of inheritance. Chamberlain v. Runkle, 28 App. 599.

3349. Form of mortgage.

A mortgage with warranty is entitled to as much faith and confidence as a warranty deed. Rinehardt v. Reifers, 158 Ind. 675.

3350. Time or recording.

Purchasers at execution sales are protected against prior unrecorded deeds the same as other subsequent purchasers. Union Central Ins. Co. v. Dodds, 155 Ind. 365, Dodds v. Winslow, 26 App. 652.

Unrecorded deeds and mortgages are valid as against every person except subsequent purchasers, lessees, and mortgagees in good faith and for a valuable consideration. State Bank v. Backus, 160 Ind. 682.

If in recording an instrument the land is not described as the same is described in the instrument, such record is not notice to a subsequent purchaser or mortgagee of the land described in the instrument. State v. Walters, 31 App. 77.

3352. Acknowledgment or proof.

By act of 1905, Acts 1905, p. 103, records of deeds which were acknowledged before justices of the peace and the acknowledgments were defective are legalized.

3364. Disaffirmance by infant wife.

An infant married woman must disaffirm a deed executed during minority within a reasonable time after arriving at age, and what held to be a reasonable time. Shroyer v. Pittenger, 31 App. 158.

The disaffirmance of a deed by an infant need not be by writing, but any act after arriving at full age which shows a dissent and which is inconsistent with the continued validity of the contract will amount to a disaffirmance. Shroyer v. Pittenger, 31 App. 158.

When an infant married woman disaffirms a deed executed during minority, she must return the consideration she received for executing the deed. Blair v. Whittaker, 31 App. 664.

When it is alleged that an infant married woman did not receive any consideration for the execution of a deed, it is not necessary to show a return of consideration on a disaffirmance of the deed. Shroyer v. Pittenger, 31 App. 158.

[Acts 1905, p. 13. In force April 15, 1905.]

3374b. Destruction of records, titles legalized. 1. That in all cases where there shall exist a defect in the title to any of the lands in any county in the State of Indiana, which defects of title are due to the destruction of the deed records of such counties by fire, which fire occurred prior to the year A. D. 1875, the title to such lands is hereby made valid in the owner thereof as against any defects in the title thereto resulting from the destruction of the deed records of such counties as aforesaid: Provided, That this act shall in no wise affect the title in any such lands, the defects in which title shall not be due to the destruction of the records as aforesaid: Provided, That nothing in this act shall in any way interfere with any litigation now pending in any of the courts of this state.

This act amends the act of 1903, Acts 1903, p. 326.

See section 3374a, Burns' R. S. 1901.

3378. Estates tail abolished.

Estates tail are abolished by statute, and what would be an estate tail at common law is in this state a fee simple estate. Teal v. Richardson, 160 Ind. 119; Chamberlain v. Runkle, 28 App. 599.

3379. Future estates, remainder.

If a mother and children own land in fee in common, and under an agreement all the land is conveyed to the mother for life and she accepts the same and agrees that on her death all the land is to go to her heirs, the mother becomes vested with a life estate in the land and her heirs are vested with a remainder in fee. Adams v. Alexander, 159 Ind. 175.

Lands may be conveyed and the possession and enjoyment thereof postponed until after the death of the grantor. Emmons v. Harding, 162 Ind. 154.