It sometimes happens that the real estate sold under a land contract lies in several counties, and it therefore becomes desirable to record the instrument in each of such counties in order that it may be notice to innocent parties of the vendee's rights in such real estate. Where the instrument has been recorded in one county and in transmission or otherwise becomes lost, the statute provides a method 37 of registration in the other counties in such a case; the party interested may apply to the probate judge of the county where the real estate is situated and set up by verified certified in all courts and legal proceedings in this state. C. L. 11775, 1915.

37. In all cases where a deed, mortgage, or other instrument affecting the title to real estate, shall have been or shall be executed, affecting land in two or more counties, and when the same shall have been duly recorded in the office of the register of deeds in any county in which any part of the lands to be affected thereby is situate, and such instrument shall have been lost or destroyed before being recorded in other counties, in which land affected thereby shall be situate it shall be lawful for any party or parties interested in such lost deed or other writing, or in the real estate the title to which shall be affected thereby, to apply to the judge of the probate court of the county where such real estate may be situate in which the record shall not have been made, for an order to record a duly certified transcript of such deed, mortgage, or other instrument, in such county, and thereupon such judge of probate shall give notice by publication, in accordance with the practice of such court, for three successive weeks, of such application, and of the time and place, when and where a hearing will be had thereon, and on such hearing, if it shall appear to such probate Judge that such deed, mortgage or other instrument was duly executed and has been legally recorded in any county in this state, and that the same was lost or destroyed before being recorded in other counties in which real estate to be affected thereby was situate, such probate judge shall make an order authorizing a certified trans-script of such deed, mortgage, or other writing to be recorded in said county, and shall annex a duly certified copy of such order to such copy of such deed, mortgage, or other instrument, and thereupon such certified copy of deed, mortgage, or other instrument, and such order authorizing a record thereof, may be recorded in the office of the register of deeds of the county in which such order shall be made, and such record shall have the same force and effect as the record of the original would have had, had the same been recorded before being lost or destroyed.

Sec. 11766, Compiled Laws 1915.

petition the fact that such instrument had been executed and lost. A prayer should be made for an order to be entered authorizing the registration of a certified copy of such instrument.

Upon the filing of such petition, it becomes the duty of the court to make an order requiring three weeks' notice of hearing of such petition by publication and after such publication shall have been made, the court, if upon the hearing is satisfied of the execution of such instrument, it becomes his duty to make an order authorizing the registration of such transcript of said instrument.

Sec. 58. Possession By Vendee As Constructive Notice Of Contract

Possession of land by a contract purchaser is constructive notice of his rights and one who purchases such land from the grantor is chargeable with the notice of the rights of such occupancy and such possession may be either by person occupancy on the part of the vendee or through his tenant. The effect is the same, possession by tenant is deemed to be possession of the landlord.39