A deed proved may be read in evidence without registration. [Acc. Grady v. Sharon, 6 Y. 320.]
A conveyance after issue joined in ejectment may be read in evidence. [Acc. William's Lessee v. Henderson, infra, 265. And see Crockett v. Campbell, 2 Hum. 411; Simmons McKissack, 6 Hum. 259.]
Under 1794, 5, the personal representative of the obligor is not bound to make title until the bond is recorded, but should he do it the deed is good. [See Haggard v. Mayfield, 5 Hay. 121; Hale v. Darter, 5 Hum. 79; Bartlett v. Watson, 3 Sn. 287.]
[ S. C., ante, 65.]
Three points were resolved.
1st. A deed proved and not registered may be read in evidence.2
2d. A conveyance to the defendant or tenant may be read in evidence, though executed since issue joined.
3d. Under the Act of 1794; authorizing executors and administrators to make deeds, it is not necessary that the bond of the deceased should be recorded so as to give validity to a deed. An executor or administrator is not bound to make a right, until the bond is recorded, but should he do it the deed is good.
NOTE. — The act of 1794, 5 is brought into the Code in sections 2025-2029.
The original note in this case states that it had been settled that a deed could not be read until registered. To this effect is Fatten v. Reily, Cooke, 119. But the law now is as settled in the principal case. — ED.