58-2303. Short form of mortgage; warranty.

58-2303

Chapter 58.--PERSONAL AND REAL PROPERTY
Part 6.--MISCELLANEOUS PROVISIONS
Article 23.--MORTGAGES OF REAL PROPERTY

      58-2303.   Short form of mortgage; warranty.Any mortgage of lands, worded in substance as follows: "A.B. mortgagesand warrants to C.D. (here describe the premises), to secure the payment of(here insert the sum for which the mortgage is granted, or the notes orother evidences of debt, or description thereof, sought to be secured, alsothe date of payment)," the said mortgage being dated, and duly signed andacknowledged by the grantor, shall be deemed and held to be a good andsufficient mortgage to the grantee, his or her heirs, assigns, executors andadministrators, with warranty from the grantor and his or her legalrepresentatives of a perfect title in the grantor, and against all previousencumbrances; and if in the above form the words "and warrants" be omitted,the mortgage shall be good without warranty.

      History:   L. 1887, ch. 151, § 3; June 20; R.S. 1923, 67-303.