Vol. I, Laws     (Compiled to December 1, 1902)

Compiled and edited by Charles J. Kappler. Washington : Government Printing Office, 1904.

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Chapter 136

Margin Notes
Chap. 136 Indian Territory.
    Mansfield’s Digest, Laws of Ark., sec. 4742.
Chap. 136 Mortgage of nonresident, where recorded.
Chap. 136 Existing mortgages of personalty validated.

{Page 84}

Chapter 136
    Feb. 3, 1897. | 29 Stat., 510.
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An act relating to mortgages in the Indian Territory.

Be it enacted, &c., That section forty-seven hundred and forty-two of Mansfield’s Digest of the Laws of Arkansas,(a) heretofore put in force in the Indian Territory, is hereby amended by adding to said section the following:(b)

aCertain general laws of the State of Arkansas, as published in Mansfield’s Digest of the Statutes of Arkansas, which are not locally inapplicable or in conflict with the laws of Congress, are extended over and put in force in the Indian Territory by virtue of 1890, May 2, chapter 182, section 31 (ante, p. 48).

bMansfield’s Digest, section 4742, provides that “all mortages, whether for real or personal estate, shall be proved or acknowledged in the same manner that deeds for the conveyance of real estate are now required by law to be proved or acknowledged; and when so proved or acknowledged shall be recorded, if for lands, in the county or counties in which the lands lie, and if for personal property, in the county in which the mortgagor resides.”

“Provided, That if the mortgagor is a nonresident of the Indian Territory the mortgage shall be recorded in the judicial district in which the property is situated at the time the mortgage is executed.

All mortgages of personal property in the Indian Territory heretofore executed and recorded in the judicial district thereof in which the property was situated at the time they were executed are hereby validated.”[February 3, 1897.]

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