Chap. 0177 An Act concerning sales of Real Estate incumbered by Mortgage or otherwise.

 Be it enacted by the Senate and House of Representatives, in General Court assembled, and by the authority of the same, as follows :
Sect. 1. In all conveyances of real estate by deed or mortgage, upon which any incumbrance exists, the grantor or grantors conveying such estate, whether in his or their own right, or as executor, administrator, assignee, trustee, or otherwise, by order of law, shall, before the consideration is paid, make known to the grantee or grantees the existence*and nature of such prior incumbrance, so far as they have knowledge of the same, by exception in the deed or otherwise.
Sect. 2. If any person shall be guilty of conveying any real estate knowing that any incumbrance exists thereon without informing the grantee or grantees, as provided in the preceding section of this act, he shall be punished by imprisonment in the county jail or house of correction for a
term.not exceeding one year, or by fine not exceeding one thousand dollars.
Sect. 3. Whenever any real estate shall be conveyed by deed or mortgage containing a covenant that the premises are free from all incumbrances, when by the records incumbrances appear to exist thereon, whether known or unknown to the grantor, whatever damages the grantee or grantees, their heirs, executors, administrators, successors or assigns, may sustain in removing any sueh apparent incumbrance, shall be chargeable to the grantor or grantors, and may be recovered in an action at law. [Approved by the Governor, April 14, 1855.]