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 .
 
 UNIVERSITY 
 
 OF CALIFORNIA 
 
 LOS ANGELES 
 
 SCHOOL OF LAW 
 LIBRARY 
 
 A 

 
 AND 
 
 LAND TITLES 
 
 A BOOK FOR BOYS AND GIRLS 
 
 A REFERENCE VOLUME FOR PROPERTY 
 OWNERS 
 
 A TEXT FOR STUDENTS IN THE LAWS 
 OF REAL-PROPERTY 
 
 A LIBRARY OF ELEMENTARY PRINCIPLES, 
 RESPECTING THE DIVISION OF OUR 
 LAND AND THE LAWS RELAT- 
 ING TO ITS OWNERSHIP 
 
 By 
 CHARLES CLAUDIUS KAGEY 
 
 Secretary, The Douglas County Abstract and Loan Company; Charter 
 
 Member, Illinois Abstractors' Association; Charter Member 
 
 and Former Secretary, American Association of 
 
 Title Men; Honorary Member, Indiana 
 
 Title Men's Association 
 
 1914
 
 T 
 K 
 
 11*4 
 
 THE TEXT AND ILLUSTRATIONS IN THIS WORK 
 ARE PROTECTED BY COPYRIGHTS AS FOLLOWS : 
 
 First Edition 
 Copyright of 1908. 
 
 Second Edition 
 Copyright of 1910. 
 
 Third Edition 
 Copyright of 1911. 
 
 Fourth Edition 
 Copyright of 1914. 
 
 Fourth Edition Published 
 May, 1914. 
 
 6 4 $ 7 
 
 PBBBS OF 
 
 E. W. STEPHENS PUBLISH m a Co. 
 
 COLUMBIA, MISSOURI 
 
 1914
 
 Every fanner boy hopes some day to be a 
 
 School Teacher; 
 
 Every School Teacher desires to be an Editor ; 
 Every Editor would like to be a Banker; 
 Every Banker is ambitious to be a Trust 
 
 Magnate ; 
 Every Trust Magnate hopes some day to own 
 
 a farm and have chickens and cows and 
 
 horses to look after. 
 We end where we begin, and all goes back to 
 
 the farm. 
 
 (5)
 
 
 1 ' There is a distinct joy in owning a piece of 
 land unlike that which you have in money, in 
 houses, in books, in pictures, or in anything 
 which men have devised. 
 
 "Personal property brings you into society 
 with men. But land is Grod's estate in the 
 world; and when a parcel of ground is deeded 
 to you, and you walk over it, and call it your 
 own, it seems as if you had come into partner- 
 ship with the original proprietor of the Earth." 
 
 BEECHEB. 
 
 (6)
 
 PREFACE. 
 
 In 1850 the Interior Department of our Gov- 
 ernment published a report stating that sixty 
 
 per cent of all land purchased by 
 Difficulties early settlers prior to that date, 
 survey^ was ^ os ^ * them through defective 
 and records titles. This condition was due to 
 
 the fact that the buyer was often 
 compelled to travel hundreds of miles to the 
 territorial capital or to his own county seat; 
 and if he, himself went horse back, or if he sent 
 the deed by the stage coach traveler and had it 
 duly recorded, the whole document was often 
 not more than three or four lines of ordinary 
 hand writing, in many instances failing to locate 
 the property conveyed by county or state. The 
 early settlers in Ohio were compelled to have 
 their deeds recorded in Virginia, eight hundred 
 miles distant, with no railroad, mail or ex- 
 press service in operation. 
 
 In later years farms were surveyed by a trav- 
 eling surveyor who had no definite point from 
 
 where to begin measuring and no ac- 
 The first curate means of measurement and 
 
 surveyors. . 
 
 who usually took his pay in turs or 
 (7)
 
 8 LAND SURVEY AND LAND TITLES. 
 
 other barter, so that very inaccurate descrip- 
 tions were the result. 
 
 Many farms in the Central and Middle West 
 
 were in possession of men whose only claim 
 
 to possession was " squatter rights" and whose 
 
 titles were never confirmed. No real 
 
 The early security in land titles was enjoyed 
 squatters. 
 
 until the abstract firms took up the 
 
 work of tracing out titles through the records 
 and assisted in the proper drafting of convey- 
 ances, and this care has saved to the people 
 hundreds of millions of dollars every year es- 
 pecially since about 1860 when their work seems 
 to have begun. 
 
 There is no other industry, trade, occupa- 
 tion or profession that renders such herculean 
 service and at such moderate rates to the Amer- 
 ican public as the " American Abstracters of 
 Land Titles. ' ' Few people properly 
 abstractor, estimate the large amount of work 
 required of a title company in pre- 
 paring a complete abstract. Only experts in 
 the service are competent workmen, and often 
 the abstract to a village lot will require the 
 services of an expert man for three or four 
 daya in its completion. 
 
 The fact that so few people understand the 
 rudiments of the American method of land sur- 
 vey or the simple laws governing the transfer
 
 PREFACE. 9 
 
 of land titles, led the author to prepare the first 
 
 lessons of this series. These early 
 The first lessons were used as stated in the 
 the subject preface to the former editions. 1 The 
 
 constant encouragement from those 
 who have examined or used the smaller text, and 
 the hope that a broader field could be developed 
 for the benefit of a large number of people fi- 
 nancially interested in real estate affairs, has 
 prompted the working out of the present vol- 
 ume. 
 
 It is the hope of the author that not only 
 may the pupils and teachers in our public 
 schools be helped by a study of these lessons 
 
 but that parents as well may read 
 The use them and thus prepare themselves 
 volume. to conserve their investments; to be 
 
 guided in their future purchases of 
 lands and to better protect their estates of in- 
 heritance for their children. 
 
 The subjects herein presented have not here- 
 tofore been arranged within a single volume in 
 a simple treatment, and their method of pre- 
 sentation now is primary and general rather 
 than technical. The author has not presumed 
 to write a text for legal study nor a reference 
 library for attorneys or examiners, but to so 
 present the subjects that any reader may com- 
 
 1. See page 11.
 
 10 LAND SURVEY AND LAND TITLES. 
 
 prehend them. It has been his endeavor to 
 help the property owner know and 
 author** * &ss ^ those who contemplate buy- 
 ing a home to understand the sim- 
 pler rules of procedure for their own protec- 
 tion. 
 
 The author also hopes that the work may 
 create a better sentiment from the property 
 owner for the abstracter, by acquainting him 
 with the methods of the other, and to intro- 
 duce the land owner to the principles of title 
 insurance and to the work of the examiner. 
 Tuscola, Nov. 1, 1913. 
 
 C. C. KAGEY.
 
 PREFACE TO FORMER EDITIONS. 
 
 Every citizen should know what constitutes 
 a title to a farm or a town lot, he should under- 
 stand how land is measured, how it should be 
 described and what protects his property rights. 
 
 That a comparatively small number of peo- 
 ple in every community thoroughly understand 
 the transferring of real estate titles, and that 
 few land owners realize how their 
 information, fortunes may be affected by the 
 claims of others, is the conviction 
 of the author after many years experience as a 
 teacher and later as an active abstractor of ti- 
 tles in the business world. 
 
 Within recent years the values of real prop- 
 erty have increased to such an extent that ac- 
 quaintance with the simple rules and laws gov- 
 erning the division of land, the methods of its 
 transfer, etc., is not only a desirable item of 
 knowledge to all, but an imperative necessity 
 if any one is to be truly safeguarded. 
 
 In view of the great importance of the sub- 
 ject of "Land Surveys and Land Ti- 
 
 ?ubject tbe tles >" to ever y citizen, its study 
 should form a part of every school 
 course. 
 
 (11)
 
 12 LAND SURVEY AND LAND TITLES. 
 
 It makes immediate and practical applica- 
 tion of political geography and civics, is inter- 
 esting in itself and it bears directly upon promi- 
 nent relations in business and public affairs. 
 With the lapse of time and the rapid advance 
 of land values, the importance of this subject 
 will grow accordingly. 
 
 Inquiries from patrons in business and teach- 
 ers in the public schools for information on 
 the subject, coupled with the fact that no text- 
 book on the matter was at hand, led the author 
 to prepare a set of lessons covering the rudi- 
 ments of our land laws and practices. 
 
 These lessons were printed in two series by 
 a local newspaper and used first in the schools 
 of the author's home county. Their signal suc- 
 cess here led to their publication in several ad- 
 joining counties through local jour- 
 The first nals. The demand for them in more 
 of a thesf S permanent form calls forth the pres- 
 lessons. ent volume, which is arranged in two 
 parts, the first treating of the me- 
 chanical methods of survey and description, 
 and the second dealing more with the legal as- 
 pect of titles. 
 
 These lessons are intended to be simply intro- 
 ductory and general features only are pre- 
 sented. Local statutes must always be con- 
 sulted for detail.
 
 PREFACE TO FORMER EDITION. 13 
 
 For a complete treatise on the subjects here- 
 in presented the student is referred to " War- 
 veil on Real Property" and "War- 
 other veil on Abstracts," two most valua- 
 thesubject. ble works by George W. Warvell of 
 Chicago, a veteran laborer in laws 
 of real property and an eminent authority on 
 their applications. 
 
 The importance of a reliable abstract of title 
 ought to be impressed on the mind of every one 
 who has to do with real estate, and it is hoped 
 this work will assist to arouse a proper inter- 
 est in the subject. 
 
 THE AUTHOR. 
 Tuscola, Illinois, May, 1910.
 
 View Looking West. 
 
 The above cut illustrates one method of marking a sec- 
 tion corner on the prairie when a survey is made. (See 
 page 64.)
 
 OUTLINE OF THE PRESENT VOLUME. 
 
 PAET ONE. This division consists of ten sim- 
 ple stories relating to facts and conditions as 
 they exist in real estate titles. It is a sort of 
 diagnosis of the case showing the need of the 
 treatment as suggested in the next division. 
 (See page 17.) 
 
 PAET Two. This is a complete explanation 
 of our system of land survey as used through- 
 out most of the United States. It also treats 
 of how the lands are conveyed, how the records 
 of conveyances are kept and how a title is ex- 
 hibited by the Abstract. (See page 40.) 
 
 PAKT THREE. This section explains the instru- 
 ments employed in the transfer of ownership 
 in land and deals more with the legal and com- 
 mercial part of land transactions rather than 
 with the mathematical, as did the former di- 
 vision. (See page 159.) 
 
 PAET FOTJE. Here are included many distinct 
 subjects, related to real property and to each 
 other though not successively connected. Many 
 legal instruments are shown in miniature, inter- 
 est tables and other tables useful to the land 
 owner are given. A complete word index of the 
 entire volume is one very valuable feature of 
 this part; and, it also contains an accurate 
 geographical location of all of the Prime Merid- 
 ians governing the survey of the United States. 
 (See page 279.) 
 
 (15)
 
 ILLUSTRATIONS. 
 
 PAGE 
 
 The Line Fence Dispute Frontispiece. 
 First township survey - 48 
 Meridian and Base Line - 55 
 Standard parallels - 55 
 Guide Meridians 55 
 United States and all Principal Meridians 58 
 Rectangular survey of a state - - 60 
 Original marking of a corner - - 64 
 The United States, illustrating ownership 
 at close of the Revolution and our ter- 
 ritorial growth since that time - 66 
 Correction line - 69 
 Fractional townships 71 
 Section and its parts 73 
 Government lots in a section - 76 
 Modern method of dividing fractional sec- 
 tions 77 
 Section of eleven hundred acres - 78 
 Section of less than two hundred acres 79 
 Regular township - 80 
 Town plat - 89 
 
 (16)
 
 ABB'S TEACKS.* 
 
 The morning mist was lifting over the tops 
 of the cornfields that walled in the Interurban 
 rails. Just one solitary passenger sat upon the 
 Mourners ' Bench in Stop 56, and he was nearly 
 asleep. His square shoulders were humped and 
 his derby hat, tilted down over his eyes, left 
 only a gray-black moustache for identification. 
 
 A sound smote upon his ear and he snatched 
 his suit case and started to his feet. No! It 
 was only the rattle of an empty wagon and, 
 a high old-fashioned voice singing: ''Come ye 
 that bump your Lord and let your bang 
 be known. Jine in a bump with sweet a 
 whoa, Bessie, whoa!" 
 
 The would-be traveler hurried out. "Good 
 morning, Mr. Davis. Let me help you with 
 that big milk can there." 
 
 * * Thank ye, Barnes, thank ye. It onwinds me 
 every time I hist that can onto the platform. 
 Say, you're the very person I've been wantin' 
 to see." 
 
 "Fine opportunity, Uncle Joe. The car's 
 late." 
 
 * "Knowledge never learned of schools." Whittier. 
 
 (17)
 
 18 LAND SUKVEY AND LAND TITLES. 
 
 "Well, sir, I'm puzzled about something." 
 Davis put a stout boot on the wagon hub and 
 pushed back his hat. "Awful puzzled. Ye see 
 last week I 'tended the Farmers' Institoot. 
 Went airly and tuck a front seat, I did. 
 And the first feller to take the boards 
 
 question W&S & Mg f at woman - Well > she let a11 
 
 hands know that she was going to dis- 
 cuss domestic signs, and as I had been obeyin' 
 domestic signs for forty years, I rose up and 
 sought a seat furder back." 
 
 Barnes laughed good-naturedly and glanced 
 up and down the silent track. "Go on, Uncle, 
 go on." 
 
 * ' You bet I '11 go on. The woman, she finished 
 her signs and wonders and then a little weaz- 
 ened up man lit into his subjeck, 'What a Far- 
 mer Should Study.' I 'lowed there wasn't much 
 in him either, judgin' from his girth; so I 
 stayed back where I was and I couldn't hear 
 very well and didn't care. But after he'd 
 squeaked round quite a spell, his voice suddenly 
 shot up and he hollers out: "I'll wager that 
 50 per cent of you farmers wouldn't 
 A new know an Abb's track if you seen 
 
 kind of , , , -r . , , . .-, 
 
 animal. o ne ' I picked up my ears at that, 
 but from the little I could hear, I 
 couldn't make out whether an Abb was a fur- 
 bearin' animal or a water varmint, nor what- 
 fer lookin' track he made. (Say, have some 
 lickerish it's fine fer a cough.)
 
 TEN TITLE STORIES. 19 
 
 "Now, Barnes, when ye git over that barkin' 
 fit I want you to tell me all about them Abb's 
 tracks that feller wants us farmers to study." 
 
 "An abstract," began Barnes unsteadily, "an 
 abstract is just a piece of paper on which is 
 written " 
 
 Davis 's foot slipped off the wheel. "Hold on, 
 man! An Abb's track is jest a piece of paper, 
 did ye say? Tell me again." 
 
 "Yes, Uncle Joe, an abstract is a piece of pa- 
 per on which is written a brief but complete 
 history of the title to your land. ' ' He repeated 
 his definition, and waited. 
 
 "Humph! Is that all? <A-brief-but-com- 
 plete-history-of-the-title-to-yore-land. ' Well, 
 neighbor, them aristocracks as keeps fambly 
 trees and coats of arms can have their abstracks, 
 but I won't have any in mine. Why, I know 
 the history of my farm fer : 
 
 "Joel Davis, you are in the wrong," Barnes 
 
 interrupted seriously. "An abstract that is an 
 
 abstract is valuable, and no property 
 
 A necessary >> T A 
 
 record. owner ought to be without one. Let 
 me tell you an experience of mine. 
 First let us go in the shack and sit down my 
 corn hurts." 
 
 "Fifteen years ago," resumed Barnes, "I 
 bought a farm of a man named Wagner, and he 
 furnished me with an abstract made by a cheap 
 attorney. I was like you then, I didn't know
 
 20 LAND SURVEY AND LAND TITLES. 
 
 there was such a thing as an abstract, but 
 Wagner assured me that the paper was all 
 right. I went ahead. The place was run down 
 and I had to remodel the house, improve and 
 repair all the other buildings, even build up 
 the soil. One morning I said to Harriet, 'It is 
 five years ago today since we bought this farm 
 and it is worth twice as much as it was then. ' 
 
 "Course it was," assented the old man, "an 
 mebby more!" 
 
 "Well, that very afternoon, Uncle Joe, a fel- 
 low came to my door and said that he had a 
 first mortgage on my farm and that he was go- 
 ing to foreclose. It was his farm, he said." 
 
 "I'd a-knocked him down with a clabboard," 
 shouted Davis. "Whoa, thar, Bessie. I'll tie 
 her a leetle f urder away and look f er the car. ' ' 
 
 "It's not in sight? Thank you. No; I couldn't 
 have knocked the man down with anything, but 
 he could have laid me out with a straw, the first 
 minute. Then I said quietly, 'You're mistaken; 
 I paid cash for this place and I have never 
 given a mortgage or lien on the property. I'm 
 here to stay, stranger.' My temper was com- 
 ing up and I felt stronger. The fellow shot a 
 keen glance at me from under his cap beak and 
 asked if I could show him a good abstract of 
 title. Sure, I can, I told him ; and brought the 
 paper from my desk. He looked it over and 
 said dryly, 'That is a mighty poor abstract, 
 Mr. Barnes. Here in the description it says :
 
 TEN TITLE STORIES. 21 
 
 The West Half of the Northwest Quarter of 
 Section Number Eighteen (18), Township Num- 
 ber Twenty (20) North, Range Number Nine 
 (9), East of the 2nd P.M. 
 
 And it should be (here he pulled a paper from 
 his pocket and read) : 
 
 Government Lot Number Two (2) of the 
 Northwest Quarter of Section 18-20-9 East of 
 2d P. M. 
 
 "Then right here," the stranger went on, 
 
 "here in Number 10 is where I come in. At 
 
 this time, 1896, Mr. James D. Keg- 
 
 His flrst ly bought this place and he borrowed 
 
 great lesson ^ Arv ,-p, , , 
 
 in finance. $1,000 irom me (Bradshaw is my 
 name), and he gave me a first mort- 
 gage on his farm, now yours; and that mort- 
 gage has never been satisfied." Barnes step- 
 ped out to look up the track. 
 
 "How'd ye come out how'd ye come out?" 
 Davis called excitedly after him. 
 
 "Why, I came out in a hole, of course," 
 Barnes answered as he took his seat once more. 
 ' * This man, Bradshaw, was a surveyor and had 
 been up in Canada surveying for a railroad for 
 years. When he returned Kegly was dead, but 
 he had sold the farm to Wagner, and Wagner 
 sold to me. Whether Wagner and his cheap 
 lawyer knew of that mortgage, and some other 
 little things that were left out, I don't know. 
 I do know that I compromised for $1,000 cold 
 cash."
 
 22 LAND SURVEY AND LAND TITLES. 
 
 "Say, neighbor," the old man spoke slowly, 
 "how much would a an abstrack a-cost you in 
 the first place, an abstrack made by an honest 
 feller edgicated up to his job?" 
 
 * * Not over $50, Uncle ; and for the lack of it, 
 I lost $1,000." 
 
 "But ye wouldn't a-knowed whether yer ab- 
 .strack was good or bad, would ye?" persisted 
 Davis. 
 
 "No, I wouldn't in those days; but it is dif- 
 ferent now. The institute instructor 
 A new way W as right. Every man, yes, every 
 money 8 child, ought to study land titles and 
 land surveys so he would know if his 
 abstract was complete and reliable. Don't you 
 think so, too?" 
 
 "I I reckon he ort," admitted Uncle Joe 
 solemnly. "And I reckon I'll have to go to 
 studyin'. But I aint got anything to study," 
 he added helplessly. 
 
 Barnes knit his heavy brows. "I don't know 
 the name of any textbook," he said "but the 
 subject is being taught in the more up-to-date 
 schools. Say, while I am on my trip With 
 a leap he made the side of the track and sig- 
 naled, and then ran after the car as it slowed 
 down to let him on. 
 
 Joel Davis climbed into his little wagon like 
 a man in a dream and sat there smoothing his 
 paint brush beard, the lines limp in his hands.
 
 TEN TITLE STOEIES. 23 
 
 "A thousand dollars," he muttered, "a thou- 
 sand dollars * * a thousand hard-earned 
 dollars ! ' ' 
 
 The horse whinnied to be gone. "Gid ap, old 
 
 girl, we'll just turn round and go straight back 
 
 home instid of goin' to Newsoms fer that pig; 
 
 'nother day will do fer the pig. A 
 
 "Go and thousand dollars git a move on ye, 
 
 likewise." Bessie. Yessir, I'll go home and put 
 
 on my biled shirt and my Sunday 
 
 pants. * * * A thousand hard-earned dollars!" 
 
 Two hours later a lean, but very -clean old 
 farmer tiptoed across the tile floor of a city 
 office. Not until he set his whip carefully in the 
 corner did he lift his head to greet the firm. 
 "You're Jones & Hacker, air ye? Well, I'm 
 one Joel G. Davis from Sandcrick Township. 
 Obligeed to ye! I'm powerful glad myself to 
 meet you, too, fer the bank fellers tells me that 
 you can make an abs track that'll run clean back 
 to the first grant to Adam and Eve, and make it 
 right. I'm ready to pay fer it, too," and he 
 slapped his Sunday pocket reassuringly. 
 
 "We guarantee our abstracts, Mr. Davis," 
 said Hacker, the junior member of the firm, pro- 
 ducing a map. "First thing is to locate your 
 land." That done, he asked for the client's ad- 
 dress. 
 
 "No need of that," said Davis, reaching for 
 his whip. " I '11 be in town a half hour, or more,
 
 24 LAND SURVEY AND LAND TITLES. 
 
 and I'll just drop round and get the abstrack 
 on my way out." 
 
 It took some time to explain that the length 
 of time required to make a good abstract de- 
 pended on the number of links in the chain 
 and how hard, or easy, these links might be to 
 trace. "Now, yours might take three days or 
 three weeks," Hacker concluded. 
 
 The farmer heaved a sigh that brought up 
 cracker crumbs. "Sometimes an old dog has 
 to learn new tricks whether he kin er not, ' ' and 
 he gave his address with a meekness that would 
 have done his wife good to see. 
 
 During the following week the grass had no 
 chance to grow between the Davis home and 
 the rural mail box. There was only one deliv- 
 ery a day, it is true, but every time Uncle Joe 
 thought "abstrack" he took the trail. The sev- 
 enth day he was rewarded with an envelope of 
 formidable proportions and the name of Jones 
 & Hacker well up in the northwest corner. 
 
 "What did ye git, pa; something important?" 
 asked the old lady as that gentleman snatched 
 his spectacles from the clock shelf. 
 
 ' ' Never you mine, ' ' he replied testily, making 
 a bee line for the back door and thence to his 
 favorite retreat under the Rambo, where he 
 picked up the old splint-bottom hickory chair 
 and socked it down with its back to the house.
 
 TEN TITLE STORIES. 25 
 
 After much spelling aloud, syllable at a time, 
 and going back again and again, the old man 
 beat out the following letter: 
 
 MB. JOEL G. DAVIS, 
 
 Eural Route 9, 
 
 Boneset, Indiana. 
 My dear Sir: 
 
 Enclosed you will find an abstract of title to 
 the Northwest Quarter Section Ten (10), Town- 
 ship Sixteen (16) North, Range Eight (8), East 
 of the Third Prime Meridian, Brown County, 
 Indiana. This abstract is complete from the 
 U. S. grant to your purchase, save in one trans- 
 action. 
 
 Please notice on page nine, in the transaction 
 immediately preceding your own, that the in- 
 strument is lacking in acknowledgment. We 
 have been unable to trace these omissions, and 
 we advise you to hunt up parties at once to 
 remedy this error. It might cause you serious 
 trouble some time, and the title is faulty until 
 this is complete. If you cannot correct these 
 omissions in the deed before your own, yours 
 could be declared void. As soon as you secure 
 the desired information, we will correct page 
 nine and also the record in the recorder's office. 
 Very truly yours, 
 
 JONES & HACKER. 
 
 The next thing was to find page 9. After 
 much fumbling and peering and comparing, the
 
 26 LAND SURVEY AND LAND TITLES. 
 
 right page was finally selected in spite of the 
 fact that the "figger was turned hind side be- 
 fore." Then the double process went on as be- 
 fore, and Davis read: 
 
 
 
 Thomas Meredith, single, of Bedlands, Cal. 
 
 to 
 Charles F. Hariley, of Boneset, Indiana. 
 
 Instrument Warranty Deed. 
 Dated June 30, 1895. 
 Filed July 15, 1895. 
 
 Consideration, $2,000 cash and note $500 due 
 January 1, 1896. 
 
 Acknowledged before 
 
 CONVEYS. 
 
 Northwest Quarter of Section Ten (10), Town- 
 ship Sixteen (16) North, Range Eight (8), 
 East of the 3d Principal Meridian as shown 
 by the Land Book in the office of Recorder of 
 Brown Co., Indiana. 
 
 For a full minute, Davis sat like one stunned, 
 then he jumped to his feet, threw the letter at 
 the grind stone and swore rather awkwardly, 
 it must be admitted, but the effort was not lack- 
 ing in spirit. 
 
 In the weeks that followed, the Sunday clothes 
 were in daily use and the mail box was never
 
 TEN TITLE STOBIES. 27 
 
 empty. After a long, troublesome 
 cnas e> Charles Hanley, of page 9 was 
 located in Pensacola, Florida. From 
 him the original deed was secured, and rare 
 good fortune it was, and they learned that it 
 was a warranty deed acknowledged before M. T. 
 Shane, notary public of Brown County, Indi- 
 ana. The deed was recorded, corrections all 
 made, everything secure. 
 
 Davis beamed. "I aint felt so free sense I 
 was mustered out of the War," he declared. 
 And straightway he hooked up, threw a crate 
 in the wagon. and set out for Newsoms. 
 
 "You orta-brought a bigger crate, Joe," 
 panted Newsom as they pushed the crate fur- 
 ther into the wagon, "a lots bigger crate." 
 
 "Why, Fatty, yer crazy! The pig can turn 
 clean round in this crate; see!" 
 
 "Yes, he can today, but if yer as long takin' 
 the pig home as ye was comin' after it " 
 
 "I have been awful long, and I'll tell you 
 what kep' me. Let's set on the fence here. You 
 see the very day I started up here, I stopped 
 at 56 to leave the milk and there was Steve 
 Barnes waitin' fer a car. The talk we had got 
 me into the all-firedest mess of abstractin ." 
 And he told him the whole story. 
 
 Newsom picked his teeth with a splinter and 
 occasionally interjected an "umph-huh" or a 
 "tut-tut" into the recital, but he kept his place
 
 28 LAND SURVEY AND LAND TITLES. 
 
 on the fence in spite of the vigorous gestures 
 that broke out in the tragic portions. When 
 the story ended, he threw away the toothpick 
 and asked: "Can ye stay a bit longer? I'd 
 like to onlimber my mind ! ' ' 
 
 Uncle Joe settled back on the soft rail and 
 jerked a long thumb in the direction of home: 
 "They are cleanin' house over there; IVe got 
 all the time they is ! " 
 
 "Good, then here goes. Twenty year ago 
 come next March, I bought this place of old 
 Dan Morris. You remember him? Well, I'd 
 knowed him all my life, so we just swopped the 
 cash fer the land and he gimme his deed signed 
 by him and his woman. They moved to town 
 and" 
 
 "Pore Dan," sighed Davis, "pore old Dan, 
 he wa'n't raised in captivity and the town soon 
 killed him!" 
 
 "It did that. He died afore corn shuckin' 
 that fall, and they settled the estate and all lit 
 out fer the west. All happened in less than a 
 year after I bought their farm. 
 Well, we toiled and delved here twen- 
 found in ty long years a-buildin' it up into 
 county. one of the garden spots of the state, 
 when along comes a gander-eyed 
 young feller in high boards and pressed pants 
 and he ann-nounced that this here section be- 
 longed to him and a brother and a sister of his'n,
 
 TEN TITLE STORIES. 29 
 
 He had an abstractor with him and a raft of pa- 
 pers to prove his claim. Set still, Joe, or ye '11 
 tear yer garments on the splinters. Well, sir, I 
 never stopped to grease my boots or comb my 
 hair. I jist jumped into their autum-bill and 
 tore back to town with 'em, and took my deed 
 to Lawyer Beck " 
 
 "Beck's a good lawyer, Beck is," put in Da- 
 vis. 
 
 "Yes, he is; Beck's a good lawyer. So Beck, 
 he took me into his private-speakin' office and 
 told me that the abstractor they had with 'em, 
 Cooper was his name, was the simon pure arti- 
 cle, and he feared my title was defective after 
 all. Then we jined the others and all trooped 
 over to the courthouse and burrowed through 
 records and deeds and wills fer three days, and 
 by gum, Joe, they had me!" Newsom stopped, 
 his face working strangely. 
 
 "Have a chaw of lickerish, Fatty; it's mighty 
 good lickerish." 
 
 "Thank ye. Yes, they had me. The papers 
 showed that way back in the sixties, long be- 
 fore Morris's time, a feller by the name of Ja- 
 cob Hull owned the farm, and when he died, he 
 willed it to his daughter, Mrs. Jane 
 Many Thomas, and heirs of her body. Jane 
 
 hlve le tities soon * ^ re ^ $ fannin' without a 
 
 no better, man, so she sold the place to our Dan 
 
 Morris and give him a deed. Drat
 
 30 LAND SURVEY AND LAND TITLES. 
 
 her! Why, she had no more right to sell the 
 farm than she had to sell the courthouse." 
 
 "Aint that like em?" snorted Davis, "and 
 they want to vote ! ' ' 
 
 "As fur as that is concerned, Joe, ye can 
 match every fool woman with a fool man. But 
 pore ole Dan, he died a-believin' the deal was 
 all right. And I worked twenty years in bliss, 
 until that ganglin' grandson of Jane's bobbed 
 up." Newsom stopped talking and looked the 
 misery he was living over in his mind. 
 
 The listener squirmed and coughed and final- 
 ly put his question in cold English: "How'd 
 ye settle?" 
 
 "The only way there was to settle. 01' Mrs. 
 Jane was in her grave, and it was up to me to 
 file suit to quiet title, or compromise. No, I 
 won't tell ye how much it cost me. It was 
 enough, and more than I could afford. Oh, if I 
 had only knowed enough to demand an abstract 
 of Morris. But I didn't." 
 
 The lickerish passed between the old boys and 
 they chewed in silence for a while. 
 
 "It seems to me, Newsom, that I'd a-moved 
 onto Dari Morris's heirs afore I'd a turned my 
 pocketbook over to them grandchildren of 
 Jane's." 
 
 "No; I wasn't goin' to beat up the cactus out 
 west lookin' fer no heirs. Mrs. Morris sent the 
 hull passel through college, and I don't suppose
 
 TEN TITLE STORIES. 31 
 
 there was a dura copper left. I don't know as 
 I could a-got the law on 'em anyhow. Seems 
 to me I hear wheels." 
 
 Davis hopped nimbly to the ground and 
 climbed into his wagon. "I must be goin' or 
 that pig will outgrow his crate, sure enough." 
 
 ' ' Hold on, Mr. Davis. ' ' It was the mail car- 
 rier. "If you will deliver your own mail, it 
 will save me a good two miles. Thank you." 
 
 " Hooty-tooty, if it aint a pictur postal, and 
 I'm as curuss as a woman to know who sent it 
 Say, Fatty, lend me your specks. Time ye was 
 gettin' off yer roost anyhow. Why, I can see 
 through yore specks better 'n I can my own ! The 
 pictur is of the National Park Sem-i-nary, at 
 Washington, D. C. Well, well ! I wonder who 
 oh, it's from Barnes, the very feller I was 
 tellin' you about. I mind now 
 
 "Let's have the reading," suggested New- 
 som. 
 
 Davis pawed his beard thoughtfully. "What 
 I did read to ye was printin' the rest of it is 
 aimed to be writin'. Hum-m-m, Barnes aint 
 much of a scribe if he is sich a scholard." He 
 looked over the tops of the glasses at New- 
 som: "I 'low, Fatty, I'd better kind o' chaw 
 it over to myself first and then read it out to 
 you. ' ' 
 
 And chaw it over he did, while Newsom beat 
 the dust out of his cap, and smiled.
 
 32 LAND SURVEY AND LAND TITLES. 
 
 "Now lis&en, Brother. It's worth hearin': 
 
 'Dear Sir: In the Business Law classes of 
 
 the National Park Sem-i-nary, 
 
 recommendation the 7 use a book called "Land 
 
 for this work, Survey and Land Titles " by C. C. 
 
 and founded T ^ T , . r\ T i 
 
 on fact Kagey. It is fine. Ordered a 
 
 copy for you. Barnes.' 
 
 * ' Now, what do you think of that ! ' ' exclaimed 
 Davis, waving the card over his head. "Whoa, 
 Bessie ! ' ' 
 
 "I think I'll have to loan you my specks to 
 read that book with," and Newsom smiled out 
 loud. 
 
 "Got it on me this time. Here's yer specks, 
 but just the same, there's two powerful good 
 jokes on me that you don't know and never 
 will." Davis drove off chuckling. 
 
 Newsom waddled through the gate and ad- 
 justed the pin, looked back at the cloud of dust, 
 rubbed his bald spot meditatively. Then he 
 waddled down to the barn, whistling an air that 
 only the horses knew. It was time to feed. 
 
 A farmer's life runs pretty much in the same 
 groove. Barnes and Davis met again in the 
 early fall at Stop 56, and again they "histed" 
 the milk can to its platform. 
 
 1 ' I seen ye over at the Wildwood Church yis- 
 tiddy," said Davis, "and I wanted to step over 
 and pass the time o' day with ye, but Mother 
 was a-snifflin', so I stayed back with her to kind 
 o' comfort her."
 
 TEN TITLE STORIES. 33 
 
 Barnes remembered how like a Ponderosa the 
 father's own nose had shone, but he side-step- 
 ped that issue and asked a question that he 
 could have answered himself. "Wasn't the 
 groom your youngest son, Uncle Joe!" 
 
 "Yes, the youngest; and the last child to leave 
 home. Mother, ahem! she'll miss the boy a 
 powerful sight. I what do ye s'pose I give 
 Bob fer his weddin' present?" 
 
 "A Bible?" ventured Barnes. 
 
 "No; his ma give him that. I give him the 
 companion piece, a copy of 'Land Survey and 
 Land Titles.' I want my boy to 
 know an Abb's track when he sees 
 one. I want him to be prepared 
 when he buys a home to know something about 
 a title and not be caught for a thousand dollars 
 or so extra." 
 
 1. It cost Barnes ' ' one thousand hard-earned 
 dollars" because he had no reliable abstract. 
 
 2. Davis profited by Barnes' experience and 
 saved himself an expensive lawsuit. 
 
 3. Newsom had to pay for his farm a sec- 
 ond time because he had not required an ab- 
 stract. 
 
 NOTE. Some may think the above items se- 
 lected from the story are mere fictions, yet each 
 incident is founded on actual fact, with only the 
 
 3
 
 34 LAND SURVEY AND LAND TITLES. 
 
 names changed. "Barnes" comes from Bour- 
 bon township. "Davis" is in Tuscola and 
 "Newsom" belongs to Murdock. Here are 
 some others not included in the above. 
 
 4. Eecently a citizen of Delta County, Mis- 
 sissippi, contracted to sell his plantation of 482 
 acres, the purchase money to be paid cash as 
 soon as the title could be approved. He at once 
 ordered an abstract which when completed 
 disclosed he had no title to a part of the farm 
 on which valuable buildings were located. As 
 the original owner of this part had died a 
 few months before, it took several weeks to se- 
 cure necessary quit claim deeds from the heirs 
 in order to correct the defect. The loss in time 
 and interest on the payment deferred amounted 
 to much more than the expense of an abstract. 
 An abstract ordered a year ago, would have 
 saved time and loss, the original party then be- 
 ing able to complete the missing record. 
 
 5. A man had lived on his farm for nearly 
 thirty years. His title was one day contested 
 by a stranger and the suit disclosed that some 
 seventy years before the real owner had been 
 committed to an asylum, where he lived to the 
 extreme old age of ninety years. Dying, he left 
 one heir, a nephew, then a mere boy. This heir 
 after becoming of age became the successful 
 contestant for the property and the supposed
 
 TEN TITLE STOBIES. 35 
 
 owner lost his farm. An abstract required at 
 the time of his purchase would have saved him 
 his home. (Illinois.) 
 
 6. A property owner bought a farm and 
 erected thereon expensive improvements. Some 
 two years afterward he ordered an abstract 
 and discovered his deed located his land eighty 
 rods too far east; in fact he had no title to his 
 property owing to the misdescription. Fortu- 
 nately his grantor was yet living and a new 
 deed would be secured correcting the error. 
 (Bowdre township.) 
 
 7. Mr. H. bought a property without an ab- 
 stract. His grantor related every owner from 
 the Government down, as A. the original owner 
 to his daughter, she to Mr. B., he to Mr. C., the 
 banker, etc. Later Mr. H. ordered an abstract 
 and the record disclosed that Mr. A. had deeded 
 the property to his daughter ''and the heirs of 
 her body." She had no right to sell, except 
 her life estate and Mr. H. was caught like New- 
 som. (It happened in Douglas County.) 
 
 8. Some years ago Mr. G. purchased a quar- 
 ter section of land but the squire in drafting 
 the deed made the conveyance read the south- 
 west quarter instead of the southed as was 
 intended. Many years afterward the owner or- 
 dered an abstract and the error was discovered. 
 It cost a two hundred dollar lawsuit to reform 
 the deed, which the abstract ordered when the
 
 36 LAND SURVEY AND LAND TITLES. 
 
 sale was completed would have saved. The 
 original grantor had died in the meantime. 
 (Tuscola Township.) 
 
 9. Mr. W. had purchased a farm worth 
 $30,000. Subsequently he ordered an abstract 
 and it disclosed he had no legal title at all to 
 the property. He secured a quit claim deed 
 from the eight heirs of a former owner and 
 completed the matter. Luckily the heirs were 
 all living but every family is not so long lived 
 as to reach ninety. Had he waited another few 
 weeks, it might have been quite expensive for 
 him. (Sargent Township.) 
 
 10. Mr. K. bought a property without de- 
 manding an abstract for examination. His 
 grantor assured him the title was good, so the 
 deal was closed. Subsequently he had to pay 
 nearly thirty dollars extra for back taxes and 
 stand the expense of an abstract himself, as 
 well. (Murdock Township.) 
 
 The incidents above have come under the ob- 
 servation of the author during his practice and 
 actual labor of compiling abstracts of title. 
 There is no way to determine the true condi- 
 tion of a title except by means of an abstract. 
 The original instrument may have been correct 
 and the error might occur in the recording, or 
 the deed may never have been recorded at all. 
 Less than thirty days ago a deed executed in 
 1866 was discovered and put of record ; it saved
 
 TEN TITLE STOEIES. 37 
 
 the expense of a costly suit to quiet title. Have 
 you a reliable up-to-date abstract so that you 
 may rest assured you are not in the same posi- 
 tion with the man described in the poem below. 
 
 AN ABSTEACTEE'S STOEY. 
 
 He dropped into the office in a casual kind of way, 
 'Twas a "sort of social visit," and he'd "nothing much 
 
 to say." 
 
 He was "glad to see us busy." With a twinkle in his eye 
 He cajoled about a title "to a mansion in the sky." 
 That turned the conversation to the work we had in hand, 
 And the many ways a fellow could be dispossessed of land. 
 "I shall never have to worry, it's lucky dog I am; 
 I can easily remember when it was that Uncle Sam 
 Gave that tract I own, fee simple, straight to William 
 
 Wallace Dunn 
 
 For the wearin' of a uniform and totin' of a gun. 
 Bet you could make an abstract on a solitary sheet, 
 For the land's had but four owners it's a title hard to 
 
 beat. 
 Just suppose you make me up one, you will see that I 
 
 am right; 
 It should cost about two dollars; you can get it done by 
 
 night" 
 Thankfully we booked the order; then our famous search 
 
 began, 
 And we trailed that forty acres through the history of 
 
 man. 
 
 We soon gathered from the record that a sole surviving son 
 Of a former owner sold it, though he wasn't twenty-one. 
 Then the land was sold for taxes, though not advertised 
 
 it seemed,
 
 38 LAND SUBVEY AND LAND TITLES. 
 
 And the State assumed the title, as the land was not re- 
 deemed. 
 
 The State then parted with it to a man by name of Lloyd, 
 Then the court decreed the tax sale was a nullity and void. 
 The claimant to the homestead when the forfeit was de- 
 clared 
 Had gone to glory meantime, but had several children 
 
 spared. 
 
 The children sought division, in the courts, of the estate. 
 And the many days of wrangle is a tale I'll not relate. 
 At this juncture, intervention by said "sole surviving son," 
 Changed the aspect of the pleadings and the intervenor 
 
 won. 
 
 He compromised through pity, gave the litigants a deed, 
 But his wife was not a party, was not even asked to plead. 
 To abbreviate the story: There were many out's and in's 
 In the title, 'twas an endless string of sins 
 Of omission and commission, and the record was as long 
 As the moral law's reputed in antiquated song. 
 When our customer, days later, in a casual kind of way 
 Dropped in to make inquiry, "just to pass the time away," 
 It was sad to see the tear drops as they gathered in his 
 
 eyes 
 When we said, "Your only title's to a mansion in the 
 
 skies." 
 Now dear reader, let us caution, just to stop awhile and 
 
 ponder 
 On the money, you've invested, either down here or up 
 
 yonder, 
 Could you answer your abstractor, that your title's clear 
 
 today, 
 
 If the sheriff, or St. Peter, called to have you make your 
 say?
 
 PAET TWO. 
 
 This division gives a complete explanation of 
 the method of land survey as nsed throughout 
 most of the United States. It also treats of 
 how lands are conveyed, how the records of con- 
 veyances are preserved and how the title to a 
 property is exhibited by the abstract. 
 
 ABBAHAM LINCOLN said: 
 
 "I will study and get ready and some day 
 my chance will come." 
 
 (39)
 
 SUBJECTS OF SECOND DIVISION. 
 
 PAGE 
 
 1. Measurements - 41 
 
 2. History of Our Survey System - - 46 
 
 3. Meridians and Base Lines - - 51 
 
 4. Rectangular Survey System, Illustrated 59 
 
 5. The Township and Sections - 67 
 
 6. The Section and its Parts - - 73 
 
 7. Town Lots and Subdivisions - 82 
 
 8. Description of Land - - 90 
 
 9. Deficient Descriptions - - 97 
 
 10. Origin of Individual Ownership - 103 
 
 11. Exchange of Ownership - 110 
 
 12. Record of Ownership - - 116 
 
 13. The Abstract of Title Defined - 122 
 
 14. Need of an Abstract - - 130 
 
 15. The Abstract and the Abstracter - 136 
 
 16. A Sample Abstract of Title - - - 142 
 
 (40)
 
 CHAPTER I. 
 
 MEASUBEMENTS. 
 
 Long or Lineal Measure. 
 
 12 inches make one foot (ft). 
 
 3 feet make one yard (yd.) or pace. 
 
 6% yards make one rod (rd.) perch or pole. 
 40 rods make one furlong (fur.). 
 
 8 furlongs (320 rods) make one mile (mi.). 
 
 3 miles make one league. 
 
 Also 
 7.92 inches make one link. 
 
 25 links make one rod. 
 100 links (4 rods) make one chain. 
 
 80 chains make one mile. 
 
 Land or Square Measure. 
 
 square inches make one square foot (sq. ft.), 
 square feet make one square yard (sq. yd.). 
 30*4 square yards make one square rod (sq. rd.), 
 
 perch or pole. 
 
 40 square rods make one rood. 
 4 roods make one acre (A.). 
 640 acres make one square mile (sq. ml.). 
 36 square miles make one township (tp.)- 
 Also 
 
 625 square links make one pole. 
 16 poles make one square chain. 
 10 square chains make one acre. 
 43560 square feet make one acre. 
 10 square feet make one square. 
 
 (41)
 
 42 LAND SURVEY AND LAND TITLES. 
 
 In beginning the study of land survey it is 
 
 necessary to know the above tables and terms. 
 
 These tables and measurements are 
 
 section universally used throughout the 
 
 survey is United States except in rare in- 
 used. 
 
 stances where the metric system is 
 
 employed (see part IV). Some of the terms 
 however are not mentioned in present day sur- 
 veying but are often found in public records or 
 in instruments of land transfer of former days. 
 A "pace" was the common unit of measure 
 when it was the custom to "step off" a farm 
 or lot in case of a land sale. This 
 
 The pace. , 
 
 system has given way to more exact 
 methods, since land values have so increased, 
 that now measurements are often recorded to 
 the fractional part of an inch. 
 
 "Perch" and "pole" are terms not now in 
 common use though they were employed in giv- 
 ing land measurements some years ago, and are 
 each equal in length to one rod. 
 
 "Furlongs" are seldom mentioned since the 
 equal fractional parts of a mile are used in- 
 stead, and we say "half a quarter" rather than 
 "a furlong." This term originated among the 
 tenants under the feudal system in England 
 when there was parceled to the peasantry the 
 land in acre tracts of four rods wide, and forty 
 rods long for "convenience in plowing." 
 Forty rods was considered the distance the oxen
 
 MEASUREMENTS. 43 
 
 could plow a furrow without resting, hence the 
 term a ''furrow long" or furlong. 
 
 A * * league " is a nautical term and is usually 
 
 used to measure distance at sea. When applied 
 
 to land measure it refers to a meas- 
 
 measure nd ure ^ 1&&& as used by Spanish 
 
 measure, now applied in Mexico and 
 
 Texas. It is a square of 5000 varas and equal 
 
 to 4428.4 acres. (See appendix.) 
 
 "Boods" are no longer in general use, but 
 they are frequently mentioned in old deeds ; the 
 modern method is rather to say one fourth of 
 an acre. 
 
 A "square mile" is a unit of land measure 
 
 and it is commonly called a "section." This 
 
 is true only when the section is reg- 
 
 A square ular in size of 640 acres and a sec- 
 
 a section. tion is not always equal to a square 
 
 mile, as is fully explained in a later 
 
 chapter. (See chapter in.) 
 
 Distance in land measure is usually given in 
 chains and links. A chain is four rods or sixty- 
 six feet in length, divided into 100 links, each 
 link being 7.92 inches long. 
 
 This chain now used by surveyors is called 
 
 a "Gunter's" chain, from its inventor, Edmund 
 
 Gunter, an English mathematician 
 
 The and astronomer who lived about 
 
 chain y three hundred years ago. It is very 
 
 convenient in practice since it is
 
 44 LAND SURVEY AND LAND TITLES. 
 
 graduated on the decimal scale and gives dis- 
 tances in miles and areas in acres. The old 
 style chain was a chain in fact composed of one 
 hundred loops, or links, but owing to wear at 
 the joints the chain perforce became longer and 
 inaccurate ; the one now used is a steel tape with 
 the measurements in links and feet marked 
 thereon. Being one solid piece of metal it does 
 not lengthen by wear nor kink in use. 
 
 In early times the measurements were not so 
 exactly taken and often distances were "step- 
 ped off" which gave rise to the term "pace." 
 A wheel of known diameter was sometimes 
 used, frequently one wheel of the vehicle in 
 which the surveyor rode. By attaching some 
 marker to the rim, the revolutions were counted 
 and the distance calculated. But both of these 
 systems were inaccurate owing to "losing 
 count" as well as the irregularities in the sur- 
 face of the ground to be measured and in not 
 following a straight line. 
 
 The lines run by the early government sur- 
 veyors were "measured with chains containing 
 two perches of sixteen and one half feet each, 
 subdivided into twenty-five equal links." This 
 chain is yet employed in rugged country but the 
 one more commonly used is the Gunter's 
 chain, four rods or sixty-six feet in length, and 
 no longer a chain in fact, but a steel tape as 
 noted above.
 
 MEASUREMENTS. 45 
 
 Our survey system in America was early 
 developed by Thomas Hutchins, a patriot who 
 served during the Revolutionary War under 
 General Greene, who made Hutchins " Geog- 
 rapher General" of the Continental Army. 
 
 Eufus Putnam, a cousin of Israel Putnam, 
 
 was also one of the early American surveyors, 
 
 and he was "Surveyor General" of 
 
 Origin of the American colonies from 1789 to 
 
 in America. 1803. He secured from Virginia a 
 
 grant of one and a half million acres 
 
 of land located in southeastern Ohio which he 
 
 surveyed, and he assisted in making the first 
 
 settlement in that locality. 
 
 But it is to Thomas Jefferson, the "Sage of 
 Monticello," that properly belongs the honor 
 of our present system of survey in the United 
 States'. The manner of his connection with 
 this honor will be mentioned in a succeeding 
 chapter. 
 
 NOTE. Be sure to learn the above tables so 
 that you can say them without hesitation or 
 mistake. Master each chapter as you proceed 
 and the knowledge you acquire will be worth 
 many dollars to you in theory as well as in 
 actual practice, now and in future years. 
 
 SUGGESTION. Visit the office of your county 
 surveyor and examine the chain he uses in 
 modern surveying. He may have an old chain 
 also about his office to show you.
 
 CHAPTER II. 
 
 HISTORY OP OUR SURVEY SYSTEM. 
 
 The art of surveying is supposed to have orig- 
 inated with the Egyptians, necessity of circum- 
 stances demanding some method of land meas- 
 urement to re-establish property lines annually 
 obliterated by the inundation of the 
 Origin of Nile. In early Rome, surveying be- 
 longed to the liberal arts and was 
 entrusted to certain public officials who enjoyed 
 special privileges. The public lands of the 
 United States are usually divided into rectan- 
 gular tracts bounded by straight lines. The 
 lines extend north and south and east and 
 west, conforming to the cardinal points and are 
 governed by a true meridian, which system of 
 survey is truly American. 
 
 Our present system of surveying the public 
 lands was first determined by a committee ap- 
 pointed by the Continental Congress composed 
 of Thomas Jefferson, chairman, of Virginia; 
 Elbridge Gerry, of Massachusetts ; David How- 
 ell, of Pennsylvania; Hugh Williamson, of 
 North Carolina; and Jacob Read, of South Car- 
 olina. 
 
 (46)
 
 HISTORY OF OUR SURVEY SYSTEM. 47 
 
 In May, 1784, this committee reported "An 
 
 Ordinance for Locating and Disposing of Lands 
 
 in the Western Territory," etc., which ordinance 
 
 required that the land be first di- 
 
 Arrangement vided into "hundreds" or squares 
 
 Of the X 'I J ^ 
 
 American oi ten miles square, and these again 
 
 subdivi <l e <l into "lots" of one mile 
 square; the "lots" to be numbered 
 from one to one hundred beginning at the north- 
 west corner and continuing from west to east 
 and back again. This ordinance was debated 
 and rejected, and in April, 1785, was reported 
 to Congress requiring that the territory be di- 
 vided into "townships" of seven miles square 
 by lines running due north and south and oth- 
 ers extending due east and west. These ' ' town- 
 ships" were to be subdivided into "sections" 
 of one mile square by lines "running in the 
 same direction as the external lines" and the 
 "sections" to be numbered in the same man- 
 ner as the "hundreds" from one to forty-nine. 
 
 This is the first record use of the terms 
 "township" and "section." 
 
 But on May 20, 1785, the ordinance was fin- 
 ally passed providing for townships six miles 
 square containing thirty-six sections each one 
 mile square. 
 
 The first public surveys were made under this 
 ordinance in that part of the Northwest Terri- 
 tory now embraced in Southeastern Ohio.
 
 48 
 
 LAND SURVEY AND LAND TITLES. 
 
 3t, 
 
 3o 
 
 2* 
 
 /e 
 
 /e 
 
 6 
 
 3f 
 
 29 
 
 23 
 
 /7 
 
 // 
 
 s- 
 
 3+ 
 
 2B 
 
 22 
 
 Sf, 
 
 /o 
 
 * 
 
 33 
 
 27 
 
 2/ 
 
 IS 
 
 9 
 
 3 
 
 32 
 
 26 
 
 20 
 
 /* 
 
 a 
 
 2 
 
 J/ 
 
 2S 
 
 19 
 
 '3 
 
 7 
 
 / 
 
 Fig. I. 
 
 survey in 
 the United 
 states and 
 
 The townships 
 were laid out in 
 tiers or ranges 
 northward from the 
 Ohio River and are 
 usually styled the 
 1 * s e v e n ranges. ' ' 
 The sections were 
 numbered from one 
 to thirty-six begin- 
 ning in the south- 
 east corner and ex- 
 
 rectanguiar tending from south to north in each 
 tier with thirty-six in the north- 
 west corner as shown on the accom- 
 diagram. 
 
 In May, 1796, 
 Congress approved 
 an act providing 
 that the sections in 
 the township should 
 be numbered from 
 one to thirty- six be- 
 ginning in the north- 
 east corner and ex- 
 tending from east to 
 west and back again 
 with number thirty- 
 six in the southeast corner as illustrated by the 
 annexed diagram. 
 
 6 
 
 s 
 
 + 
 
 3 
 
 2 
 
 / 
 
 7 
 
 8 
 
 9 
 
 IO 
 
 // 
 
 /2 
 
 /& 
 
 /7 
 
 /4 
 
 /S 
 
 /* 
 
 /J 
 
 19 
 
 20 
 
 2/ 
 
 22 
 
 23 
 
 24- 
 
 3o 
 
 2? 
 
 26 
 
 27 
 
 2(> 
 
 2-r 
 
 3l 
 
 32 
 
 33 
 
 34 
 
 3S- 
 
 3b
 
 HISTORY OF OUR SURVEY SYSTEM. 49 
 
 Various changes were made from time to 
 time until in 1805, when through the further 
 influence of Jefferson the present complete sys- 
 tem was fully adopted by Congress. 
 
 The present It provides for prime meridians at 
 
 system 
 
 adopted. suitable distances apart, for base 
 lines intersecting these at right an- 
 gles, townships six miles square, subdivided 
 into thirty-six sections one mile square, num- 
 bered from the northeast corner, east to west 
 and west to east, as shown above. 1 
 
 The first surveys were made under the direc- 
 tion of the "Geographer of the United States," 
 but the last mentioned ordinance of 1796 pro- 
 vided for the appointment of a surveyor gen- 
 eral. By act of Congress in April, 1812, the 
 " General Land Office" was established as a 
 Department of the Treasury and its chief officer 
 was designated "Commissioner of the General 
 Land Office." This office under its commis- 
 sioner has ever since had charge of the survey 
 of the public domain, and in March, 1849, it 
 was transferred to the Department of the In- 
 terior, where it now remains. 
 
 The metric and Spanish system of land meas- 
 urement is used in the districts where the early 
 
 1. In the survey of lands in Western Canada the sec- 
 tions of the township begin with number 1 in the south- 
 east corner as in figure I and number across, west and 
 east with 36 in the northeast corner; a sort of combina- 
 tion of the American system as shown by figures I and II. 
 4
 
 50 LAND SURVEY AND LAND TITLES. 
 
 titles originated through Spanish grants, nota- 
 bly in California and Texas. In the latter state 
 the rectangular system of survey 
 The metric based on some prime meridian, has 
 flnd em f never been established, but the state 
 measurement is subdivided by many private sur- 
 veys, mostly divisions of railroad 
 grants. These are divided into squares of from 
 forty to 160 acres and often into sections of 640 
 acres each and numbered from one to the total 
 number included in any special named survey. 
 Nor do the section lines conform to the cardi- 
 nal points but extend in any direction, though 
 in straight lines, as first surveyed in subdivid- 
 ing the larger tract or original grants, more fre- 
 quently referred to as some special named 
 "Rancho." 
 
 The complete table of the metric system of 
 land measure is given in a succeeding chapter. 
 (See Index.) 
 
 NOTE. The township, section, and fractional 
 section, with their survey and subdivisions, 
 will be treated more explicitly in the following 
 pages. 
 
 SUGGESTION: Visit some real estate office 
 and ask how sections are numbered and how 
 they are arranged in townships and ranges.
 
 CHAPTER HI. 
 
 MERIDIANS AND BASE LINES. 
 
 As noted in the previous chapter, the survey 
 of the publio domain is under the direction of 
 the United States Government, and in direct 
 charge of the Department of the Interior, the 
 Secretary of which department is 
 commissioner a member of the President's Cab- 
 General inet. Acting under this Depart- 
 Land office. ment is the * ' Commissioner of the 
 General Land Office" who has 
 charge of this division of the Department of 
 the Interior. 
 
 Whenever a district needs be made ready for 
 settlement or private ownership, the Govern- 
 ment of the United States through proper offi- 
 cers arranges for a survey of the land to be 
 made. 1 Competent surveyors are employed to 
 
 1. The regulations of our government land office pro- 
 vide that "In all cases where the establishment of a new 
 
 principal meridian seems to be necessary 
 Establishment ^ *^ e Surveyor General, he shall sub- 
 ofnew prime mit the matter, together with his rea- 
 meridians. sons therefor, to the Commissioner of the 
 
 General Land Office, and the survey of 
 such principal meridian shall not be commenced until 
 written authority, together with such special instructions 
 as he may deem necessary shall have been received from 
 the Commissioner." 
 
 (51)
 
 52 LAND SURVEY AND LAND TITLES. 
 
 establish the meridians and base lines, and to 
 survey the territory under consideration into 
 the several townships and sections, the squares 
 or divisions suitable for easy description. 
 
 To begin a survey it is necessary to have 
 
 some substantial point from where a start may 
 
 be made, and this point of beginning 
 
 Location of should be one that may not be read- 
 the prime -i i o -i, 
 
 meridians, ily moved or easily lost. Such a 
 place is usually selected as can be 
 readily referred to, frequently the mouth of a 
 river is chosen, and from such selected point 
 a line is run due north or south as conditions 
 may require, to the margin of the district to be 
 surveyed, or to the boundary of the state or 
 territory in which the district is located. 
 
 This first north and south line is called a 
 prime or principal meridian. And the FIRST 
 PRINCIPAL MERIDIAN is the line drawn 
 North from the mouth of the Great Miama River 
 in Ohio, and this line is on the meridian forming 
 the boundary line between the states of Ohio 
 and Indiana. It is the first one of the several 
 prime meridians that have been established in 
 the United States, in the extension of the rec- 
 tangular system of land survey. 
 
 The first sections surveyed in Eastern Ohio 
 were referred to the Meridian forming the 
 boundary line between Ohio and Pennsylvania, 
 and known as "Ellicott's Line." During the
 
 MERIDIANS AND BASE LINES. 53 
 
 one hundred twenty-seven years since the or- 
 ganization of this system of rectangular sur- 
 veying some twenty-four (24) different num- 
 bered or named principal meridians, with their 
 base lines, have been established throughout 
 the United States. These are shown with their 
 location on the United States map in the next 
 chapter. The exact location of each prime 
 meridian, together with the more exact terri- 
 tory governed by it is given in the addenda to 
 this volume, to which reference may he had. 
 
 However, we note in passing that the "sec- 
 ond prime meridian" is drawn north from the 
 mouth of Little Blue Creek in Indiana and ex- 
 tends northward to the southern boundary line 
 of Michigan. The third principal meridian 
 extends northward from the mouth of the Ohio 
 River through Illinois. The fourth prime 
 meridian is that meridian passing through the 
 mouth of the Illinois River, but beginning for 
 reference, where it last touches the west bank 
 of that river. So as we progress westward 
 across the country we find other principal 
 meridians to which the land surveys are refer- 
 red for location. 
 
 On either side and parallel to each princi- 
 Guide pal meridian, "guide meridians" are 
 SiTS established at regular intervals of 
 lines. twenty-four miles apart. 
 
 Coincident with the establishing of a prime 
 meridian, and the necessary guide meridians
 
 54 LAND SURVEY AND LAND TITLES. 
 
 throughout any district to be surveyed, cross 
 lines are run at right angles to the principal 
 meridian. The first of these cross lines, estab- 
 lished from some prominent point, is the "Base 
 line" for that principal meridian, and the other 
 cross lines established at intervals of twenty- 
 four miles north and south of the base line are 
 called "standard parallels" or "correction 
 lines. ' ' 
 
 These lines cut the district surveyed into 
 tracts as near as may be twenty-four miles 
 square, and these are further divided into parts 
 six miles on each side. These last divisions are 
 called "townships" and are more particularly 
 treated in a succeeding chapter. 
 
 By the above method the district surveyed is 
 now marked out into squares six miles each 
 way, and they extend east and west from the 
 principal meridian and north and south from 
 the base line. (See diagram below.) 
 
 The rows of squares, or townships, extend- 
 ing side by side, along with the base line are 
 called "tiers;" and the first one 
 
 Ranges, above the base line is tier number 
 tiers and . 
 
 townships, one north, the second one is tier 
 
 number two, etc., while those south 
 of the base line are numbered the same way 
 south. The diagram herein shown illustrates 
 ranges and tiers, and their location.
 
 MERIDIANS AND BASE LINES. 
 
 55 
 
 Fig. III. 
 
 A is in tier number three north of base line 
 and range number two east of the principal 
 meridian, and the location of this square or 
 township is given as tier three north, range two 
 east of the principal meridian. Always state 
 the meridian to which you refer. 
 
 B is tier 2 north, range 4, east of the princi- 
 pal meridian. 
 
 C is tier 2 south, range 2, west of the princi- 
 pal meridian. 
 
 D is tier 3 north, range 2, west of the princi- 
 pal meridian. 
 
 E is tier 3 south, range 8, east of the princi- 
 pal meridian. 
 
 F is tier 7 north, range 3, west of the princi- 
 pal meridian.
 
 56 LAND SURVEY AND LAND TITLES. 
 
 G is tier 6 north, range 6, east of the princi- 
 pal meridian. 
 
 Standard parallels are also used as corre'c- 
 tion lines which is more thoroughly explained 
 in the next chapter on the township. Guide 
 meridians are employed to assist in keeping the 
 survey in conformity to the direction of the 
 true meridian but ranges are never numbered 
 east and west from them, they numbering only 
 from a principal meridian. 
 
 Thus it will be understood that when a rec- 
 tangular survey is established the location of 
 any township therein is readily given by count- 
 ing the rows north or south from the Base line 
 and east or west from the prime meridian. 
 Tiers * are given first and range numbers last 
 in describing a tract of land. 
 
 As prime meridians are established in new 
 districts and surveys extended each way from 
 them, it must needs follow that these later sur- 
 veys or ranges will meet surveys or ranges ex- 
 tended westward from a former survey refer- 
 
 1. The term "township" is more commonly used in 
 place of "tier" to designate the rows of squares extend- 
 ing east and west parallel with a base line, though "tier" 
 is the word employed in the Manual of Surveying issued 
 by the general land office. If the more common term 
 "township" is used, it must not he confused with the 
 single square or unit of land measure, containing thirty- 
 six sections, which is discussed in a later chapter.
 
 MERIDIANS AND BASE LINES. 57 
 
 red to some certain prime meridian 
 Conditions 
 
 where two established at a previous date. Where 
 these surveys meet it does not often 
 
 different happen that the last strip is exactly 
 
 prime r r 
 
 meridians six miles wide and the last range may 
 
 often be very narrow. 
 
 This condition is well illustrated by range 
 eleven east of the third principal meridian, ex- 
 tending through the eastern district of Illi- 
 nois. (See the map of Illinois, figure V.) This 
 range is less than one mile wide in many places, 
 and its subdivision will be explained in a later 
 chapter on the township. 
 
 SUGGESTION. Study some map (figure VII) 
 showing the territorial growth of the United 
 States and how it has increased in area,
 
 Pig. IV. 
 
 Map of the United States Showing the Location of the 
 Several Prime Meridians and their Base Lines.
 
 CHAPTER IV. 
 
 RECTANGULAR SURVEY SYSTEM, ILLUSTRATED. 
 
 On the opposite page is shown a map of the 
 United States, with the several 
 
 Our prime . -,. -. -, ,. 
 
 meridians, prune meridians and base lines, es- 
 tablished in the survey of the public 
 domain of the United States. 
 
 In chapter three the location of the first four 
 prime meridians to be established was noted; 
 by reference to the map here given it can be 
 seen at a glance how the country is divided and 
 description of lands given in reference to some 
 one prime meridian and its base line. 
 
 It may also be noticed that all states of the 
 United States lying north of the Ohio River 
 and west of the Mississippi are surveyed by 
 this rectangular system, except Texas alone. 
 This state was orignally divided in- 
 . to immense ranches by the Spanish 
 method and measured by the metric 
 system, into irregular shaped bodies. In re- 
 cent years these ranches are frequently resur- 
 veyed into squares as noted on page 50. 
 
 No state south of the Ohio River and east of 
 the Mississippi except Mississippi, Alabama, 
 and Florida, is surveyed by this rectangular 
 
 (59)
 
 60 LAND SURVEY AND LAND TITLES. 
 
 Fig. V.
 
 RECTANGULAR SURVEY SYSTEM ILLUSTRATED. 61 
 
 method. In these Atlantic and eastern states, 
 all land descriptions are given by beginning at 
 some point in the margin and bounding the 
 plantation entirely by giving the angles and 
 measurements of the entire boundary lines. This 
 method is known as description by " metes and 
 bounds," examples of which are given later in 
 this volume. 
 
 By further reference to the United States 
 map it will be noticed that but the 
 sectional 16 ^ rs * s ^ ^ *he prime meridians are 
 survey numbered, while the others are 
 employed! named from some notable point near 
 which they pass. It may also be 
 mentioned that the survey of Minnesota, the 
 Dakotas, Montana and Wyoming refer to the 
 fourth principal meridian and ranges number 
 west from it until the survey east from the He- 
 lena meridian is reached; and the fortieth par- 
 allel is the base line for the survey of the above 
 named states, so that both range and tier (or 
 township) numbers extend into the hundreds. 
 
 For more complete information as to what 
 districts the various meridians control, the 
 reader is again referred to the addenda in the 
 back pages of this volume. 
 
 In the map of the state of Illinois herein 
 given is shown the complete government sur- 
 vey dividing the state into the several town-
 
 62 LAND SURVEY AND LAND TITLES. 
 
 ships. The squares are commonly 
 of a U staTe. known as ' ' congressional town- 
 ships" but for local government 
 purposes are called " towns" or " school town- 
 ships." When full size they measure six miles 
 on each side and contain thirty-six sections of 
 six hundred forty acres each, a total of 23,040 
 acres, but owing to the curvature of the earth's 
 surface and irregularities in surveying they 
 more generally have more or less than this ex- 
 act theoretical number. 
 
 The term "town" here mentioned must be 
 distinguished from that settlement known as a 
 village or city. This seeming confusion of 
 terms must be understood, and for clearness it 
 is well to call the settlement a "village," the 
 square of thirty-six sections a "town," the tier 
 of horizontal squares a "township," and the 
 vertical row of towns a "range." 
 
 It must also be understood that for local 
 
 government purposes a county division is called 
 
 a "township" but this portion of 
 
 Township as a county has no reference to a sur- 
 
 diBtinguished , , m , . 
 
 from a town, vey or local measurement. This 
 township may and often does con- 
 form to a congressional township in size but it 
 is named instead of being numbered and ' * Haw- 
 creek Township" or any other so named sec- 
 tion of a county is in no wise a unit of meas- 
 ure, but merely a political division of a county.
 
 EECTANGULAE SURVEY SYSTEM ILLUSTRATED. 63 
 
 Study well the map of Illinois in this chapter, 
 
 and practice locating any square or town as so 
 
 many "townships" north or 
 
 A township as sou th of the base line and so many 
 
 distinguished * 
 
 from a tier. ranges east or west of the third 
 
 or fourth principal meridian. The 
 location of your own town wherein you live is 
 given the same way as so many " tiers*' or 
 townships north or south, as the case may be, 
 of the base line and so many ranges east or 
 west of the meridian governing the tract sur- 
 veyed, in which you live. 
 
 Notice also that an irregular tract on the 
 eastern side of Illinois does not conform to the 
 other survey. This line marks the boundary of 
 an early private survey known as Har- 
 surveyL rison Purchase, established before the 
 general survey and whenever such pri- 
 vate or military surveys are encountered they 
 remain and are surveyed if at all by a private 
 resurvey. It happens generally that on these 
 lines there are jog and slip corners because the 
 two surveys on either side of the line are in- 
 dependent of each other. 
 
 Whenever a district is surveyed it is neces- 
 sary to mark the " corners" and the nature of 
 the surface at a corner determines the method, 
 but in any event the perpetuation of the corner 
 is most to be considered.
 
 64 LAND SURVEY AND LAND TITLES. 
 
 Memorials buried more than twelve inches 
 beneath the surface at a corner, 
 
 Markers and -, -, 
 
 memorials. sucn as glass, stone ware, pots- 
 herds, marked stones, cast iron, 
 charcoal and charred stakes are most recom- 
 mended. But it often happens that this cannot 
 be done. 
 
 If the corner occurs on a rock ledge, a cross 
 is cut at the exact corner and a witness mound 
 of rocks may be constructed nearby. 
 
 On a prairie, removed from opportunity of 
 more permanent monuments, surveyors often 
 dig rectangular pits and raise a cone shaped 
 mound as a witness to the wooden stake driven 
 at the exact corner. The illustration shows 
 this method and it also shows a jog corner or 
 where a "correction" survey is made. 
 
 Pig. VI.
 
 BECTAXGULAR SURVEY SYSTEM ILLUSTRATED. 65 
 
 This jog corner exists where fractional sec- 
 tions occur, as will be explained in the next 
 chapter. In a timbered district the trees at or 
 near a corner are "blazed" while an iron stake 
 is driven at the exact corner, and a tree should 
 be so marked near to the ground that if any 
 one ignorant or careless of the penalty of the 
 law, should cut it down, that the stump will re- 
 tain the evidence of its importance. 
 
 An act of Congress approved June 10, 1896, 
 provides that it shall be unlawful for any per- 
 son to destroy, deface, change or 
 Penalty for remove to another place, any sec- 
 deSgo r f tion coraer > etc., on any govern- 
 monuments. ment line of survey, or to cut down 
 any witness tree or any tree blazed 
 to mark a line of survey, or to remove any 
 monument or mark or survey. Any offender 
 under this act, on conviction shall be fined not 
 exceeding two hundred fifty dollars, or be im- 
 prisoned not more than one hundred days. 
 (29 Stat, L. 243.) 
 
 SUGGESTION. Visit the office of your ab- 
 stracter and ask to see his map of the United 
 States, published by the general land office. 
 This map shows every meridian, base line and 
 township that has been surveyed in the differ- 
 ent states and territories.
 
 66 
 
 LAND SURVEY AND LAND TITLES. 
 
 Fig. VII. 
 
 Figure VII illustrates the original territory claimed by 
 the several states at the time of adopting our Constitution 
 and the growth of territory by the several accessions. (See 
 page 173.
 
 CHAPTEB V. 
 
 THE TOWNSHIPS AND SECTIONS. 
 
 The township is a unit of land measure com- 
 posed of thirty-six sections and as noted in the 
 last chapter, when it is regular in size it con- 
 tains 23,040 acres. Each regular township is 
 divided into thirty-six squares or sections and 
 they are numbered from one to thirty-six, as 
 shown in figure II on page 48. 
 
 But the rectangular system of survey pro- 
 duces square results in theory only, because 
 two north and south meridians get nearer to- 
 gether as they approach the pole. This is 
 caused by the curvature of the earth and it af- 
 fects the measurements of each township to the 
 extent that its north line is about three rods 
 shorter than the south line six miles below. 
 
 Also owing to inaccuracy in surveying x the 
 east and west lines bounding the 
 irregularity towns and sections on the north and 
 and U how ing sou th, often do not run exactly par- 
 equalized, allel, six miles apart. This conver- 
 gence and irregularity produces a 
 
 1. Variation of the Needle. 
 
 The compass, because of its convenience, has for years been the 
 principal instrument used in land survey, but it has lately been super- 
 seded by other instruments where exactness is required. Compass 
 surveying is based on the tendency of the needle to adjust itself to the 
 magnetic meridian, or to "point to the north." Yet it is constantly 
 changing its direction. 
 
 That irregular line extending generally north and south, which 
 marks the place of no variation is called the agonic line, and this line 
 seems to have a periodical movement back and forth, east and west. 
 In the United States the movement has been constantly toward the 
 east until about 1900 when it began a westward direction. 
 
 The needle will also vary daily from five minutes to twenty min- 
 utes. In the northern hemisphere the north end of the needle moves 
 westward until about 1 p. m. when it begins the return motion. The 
 movement is less noticeable on cloudy days and also less in the winter 
 months. 
 
 The needle is also subject to sudden changes, due perhaps to elec- 
 tric disturbances, some time coincident with a thunder storm, at others 
 without any apparent cause. Ve_ins of ore or metal in the immediate 
 vicinity of the needle will affect it, and the deflection is not the same 
 in different instruments. 
 
 Where survey lines are run with the compass the date of the sur- 
 vey should be given and the allowance of the variation of the needle 
 should be stated. By taking a back sight the work may be made to 
 test the accuracy but the needle (magnetic meridian) should be tested 
 frequently with the true meridian. 
 
 (Consult any good work on surveying for an explanation of this 
 method.) 
 
 (67)
 
 68 LAND SUBVEY AND LAND TITLES. 
 
 township of more or less than exactly 23,040 
 acres or thirty-six sections of 640 acres each. 
 
 To take care of this variable quantity it has 
 been provided that all of the surplus or any 
 deficit shall be referred to the north and west 
 rows of sections in each township and to the 
 outer half of all such sections. 
 
 Thus in sections one, two, three, four, five, 
 and six, the north half may contain more or 
 less than 320 acres, and so with the west half 
 of sections six, seven, eighteen, nineteen, thirty 
 and thirty-one. (See figure II for location.) 
 
 All other sections of a township, except the 
 eleven above named are supposed to be exact 
 and contain but 640 acres, 160 in each quarter, 
 though occasionally by some error this is not 
 the case. All such sections as are long or short 
 in measurement of 640 acres each, are called 
 "fractional sections," and they are subdivided 
 into parts, different from a regular section, as 
 explained in the next chapter. 
 
 This variance in size of the sections also 
 
 gives use to jog and slip corners. 
 
 ?dg P corners. Where a narrow section joins one 
 
 of the regular or large size sections, 
 
 the corners of both may not coincide but the 
 
 corner of one may be at some distance from the 
 
 other, often a rod or more removed. (See 
 
 figure VI.) 
 
 Again, to equalize the convergence of the 
 range lines, bounding a township on the east 
 and west, a secondary base line is established
 
 THE TOWNSHIP AND SECTIONS. 
 
 69 
 
 as mentioned in a former chapter under the 
 term " standard parallel" or " correction line." 
 On the south side of this line, the range lines 
 extending northward are terminated and a new 
 set of range lines are initiated from the north 
 side of it, again, equally six miles apart, the 
 same as originally begun from the base line. 
 
 In figure eight above, this correction of the 
 convergence is illustrated. The range lines be- 
 low the " correction line" have been approach- 
 ing the prime meridian throughout their length
 
 70 LAND SUBVEY AND LAND TITLES. 
 
 from where they started either at the base line 
 or at the last correction line below. Here at 
 the correction line shown they are terminated 
 on the south side and a new set begun, meas- 
 ured again from the prime meridian, eastward 
 and westward on the north side once more 
 evenly six miles apart. The jog corners will 
 frequently occur at section corners also, not on 
 township lines, but the distance is not usually 
 so extensive as at a township corner. 
 
 It also happens that where ranges meet, the 
 cross lines do not always coincide and the north- 
 west corner of the section on the east side of 
 the range line may be north or south of the 
 northeast corner of the section adjoining on 
 the west. This jog is usually referred to as a 
 "slip" corner as distinguished from the "jog" 
 corner above described. 
 
 The term township as above used in this chap- 
 ter refers only to a unit of land 
 The narrow measure, six miles square, as nearly 
 whlf and as ma y ke. Or when a survey west 
 causes it. from one meridian meets the survey 
 east from another it may be much 
 narrower. (Refer again to the map of Illinois, 
 figure V.) When it is thus narrow it does not 
 contain the full number of thirty-six sections 
 but such only as the width of the township will 
 allow, and they are numbered from the side on 
 which the meridian governing the survey is lo-
 
 THE TOWNSHIP AND SECTIONS. 
 
 71 
 
 cated leaving any deficiency or omitted num- 
 bers to fall on the opposite side. 
 
 Fig. IX 
 
 /8 
 
 30 
 
 Fig. X. 
 
 Figure nine shows a township too narrow for 
 complete size and the sections have the east set 
 of numbers because this is reckoned in some 
 range counted west from a prime meridian, 
 while figure ten is wide enough only for one tier 
 of sections and they are numbered as the west 
 row in a township, because this township is 
 reckoned in a range numbered east from a 
 prime meridian. 
 
 In the narrow range observed in figure five 
 it is numbered range eleven eastward from the 
 third prime meridian and has the west section 
 numbers as in figure ten above.
 
 72 LAND SURVEY AND LAND TITLES. 
 
 School townships conform in size to these 
 congressional townships irrespect- 
 The school ive of their completeness, and 
 i^?ow in though a township has but six sec- 
 range, tions it is a complete school town- 
 ship also and receives its distinct 
 apportionment of the public school fund and 
 has its full list of school officers. 
 
 The political township as heretofore men- 
 tioned is not necessarily confined by any reg- 
 ular land measurements but is some part of a 
 county set apart by the inhabitants thereof for 
 the purpose of local government. In many lo- 
 calities it does but it may or may not conform 
 in size and location to the congressional town- 
 ship and frequently it is composed 
 
 Political o f parts of several school town- 
 
 townships u- rm. v j f n- 
 
 distinguished, snips. The boundary or a politi- 
 cal township of a county never ex- 
 tends beyond a county line, while a school 
 township (otherwise called a congressional 
 township) often lies in two or more counties. 
 
 The political townships are the ones that are 
 named and correspond in their local democratic 
 government to the New England "town," and 
 are often so called in the states west of the 
 Allegheny Mountains. 
 
 SUGGESTION. Visit the office of your ab- 
 stracter and ask him about the townships and 
 jog corners in your county. Get him to tell you 
 about any correction line or fractional town- 
 ship in the neighborhood.
 
 CHAPTER VI. 
 
 THE SECTION AND ITS PARTS. 
 
 -ft 
 
 I 1 
 
 k 
 
 6 
 
 J 
 
 L 
 
 M 
 If 
 
 Fig. XI. 
 
 Fig. XII. 
 
 The above diagram represents a regular sec- 
 tion of the size one mile square, containing sis 
 hundred forty acres, and divided into several 
 of its regular fractional parts. 
 
 It is easily understood that it contains two 
 
 halves, four quarters, etc., but the parts will be 
 
 described according to their loca- 
 
 The section ,. .-, , , -, i 
 
 divided. tion within the section and in rela- 
 tion to the lines crossing the section. 
 It will also be understood that the section num- 
 ber is placed in the center of the plat and that 
 
 (73)
 
 74 LAND SUBVEY AND LAND TITLES. 
 
 the above diagrams do not represent sections 
 in the north or west rows of the township. 
 
 To illustrate the method of describing the 
 regular fractional parts of the section study 
 the above diagram and note the following: 
 
 A is read as the north half of section fifteen 
 (N. 1/2) and contains 320 acres. 
 
 B is the southwest quarter of section fifteen 
 (S. W. i/4) and contains 160 acres. 
 
 C is the north half of the southeast quarter 
 (N.i/^-SE^) and contains eighty acres. 
 
 D is the southwest quarter of the southeast 
 quarter (abbreviated description SW-SE) and 
 contains forty acres. 
 
 E is the south half of the southeast quarter 
 of the southeast quarter of section fifteen (S 1 /^ 
 SE-SE-15) and contains twenty acres. 
 
 F is the northwest quarter of the southeast 
 quarter of the southeast quarter (brief descrip- 
 tion is NW-SE-SE-15) and contains ten acres. 
 
 G is the west half of the northeast quarter of 
 the southeast quarter of the southeast quarter 
 of section fifteen and contains five acres (W. 1 /^ 
 NE-SE-SE). 
 
 H is the southeast quarter of the northeast 
 quarter of the southeast quarter of the south- 
 east quarter of section fifteen, and contains 
 two and one-half acres. (SE-NE-SE-SE-15). 
 
 I is the west half of section thirty-six and 
 contains 320 acres. (W.y 2 -36).
 
 THE SECTION AND ITS PARTS. 75 
 
 J is the east half of the east half of section 
 thirty-six and contains 160 acres. (E^-E^- 
 36). 
 
 K is the west half of the northeast quarter of 
 section thirty-six and contains eighty acres 
 (W1/2-NE-36). 
 
 L is the west half of the west half of the 
 southeast quarter of section thirty-six and 
 contains forty acres. (Wy 2 -Wy 2 -SE-36). 
 
 M is the east half of the northwest quarter 
 of the southeast quarter of section thirty-six 
 and contains twenty acres. (Ey 2 -NW-SE-36). 
 
 N. The reader will supply. (Ey 2 -SW-SE- 
 36). 
 
 So any fractional part of a regular section 
 may be described by straight lines crossing it 
 parallel to either side. The reader should prac- 
 tice dividing a section into parts and in giving 
 the correct description and acreage of each 
 part, and unless one is familiar with this sub- 
 ject he should at this time become a student 
 until it is mastered. 
 
 The above illustrations in describing the 
 parts of a section include the regular size sec- 
 tions only and do not always apply to 
 irregular the sections in the north and west tiers 
 anyhow ^ a township. As mentioned in a pre- 
 divided. vious chapter these eleven sections are 
 usually "fractional" and they are di- 
 vided into the equal fractional parts as much
 
 76 
 
 LAND SURVEY AND LAND TITLES. 
 
 as possible and the remaining parts are divided 
 into "lots" and numbered consecutively as 
 shown in the next accompanying cuts. 
 
 Loi- Z 
 
 to/- ^ 
 
 79.3/ 
 
 "77 
 
 Loi- 1 
 
 io-f- / 
 
 80 
 
 QO 
 
 '(,0 
 
 /60 
 
 Lf- 3 
 
 *.* Z 
 
 7/.S-6 
 
 BUS" 
 
 Le+ / 
 
 Lai- / 
 
 QO 
 
 QO 
 
 Lo+2 
 
 Latl 
 
 
 7I.3L 
 
 90 
 
 /to 
 
 is+t 
 
 Lo+l' 
 
 
 7J.fa 
 
 80 
 
 /60 
 
 Let-2 
 73.36 
 
 96 
 
 '<* 
 
 Fig. XIII. 
 
 Fig. XIV. 
 
 Fig. XV. 
 
 When the corners of a section have been es- 
 tablished its area is determined and the subdi- 
 vision of the fractional sections into the sev- 
 eral "lots" is performed in the drafting office 
 of the surveyor general and not determined 
 and so surveyed by the original surveyor on 
 the ground. By direction of the Act of Con- 
 gress approved February 11, 1805, the division 
 of the fractional sections on the north and west 
 tiers of a township was accomplished by con- 
 structing "lot one of eighty acres" next to the 
 center line of the section and placing the sur- 
 plus or deficiency into "lot two" and consider- 
 ing it as the remaining "half" of the quarter. 
 
 Thus it will be seen by referring again to 
 figure XIII and figure XIV that if the sections 
 on the north line of the township were * ' short, ' '
 
 THE SECTION AND ITS PABTS. 
 
 77 
 
 the shortage was placed in the "north half" of 
 each quarter north of the center line. The sec- 
 tions on the west line of the township were di- 
 vided as in the southwest quarter of section six, 
 above, and in the west half of section eighteen 
 (figures XIV and XV). 
 
 * 
 
 3 
 37* 
 
 2. 1 
 J?t3 3? X 
 
 go 
 
 BO 
 
 /6O 
 
 /6O 
 
 *** 
 
 3 
 
 2 / 
 
 40e 40*S 
 
 s~ 
 
 4-0 
 
 QO 
 
 6 
 35* 
 
 < 
 
 80 
 
 ,~ 
 
 7 
 
 *.~ 
 
 90 
 
 i to 
 
 &S3 
 
 3t 
 
 BO 
 
 /to 
 
 3k.tr 
 
 Fig. XVI. 
 
 Fig. XVII. 
 
 Fig. XVIII. 
 
 The division of the fractional sections in the 
 north and west tiers of the townships in more 
 recent years is accomplished as illustrated in 
 figures XVI, XVII and XVIII. As many reg- 
 ular divisions are made as can be designated by 
 word descriptions according to their relative 
 position in the section, and the remaining frac- 
 tional "forties" are numbered as "lots" be- 
 ginning at the northeast corner of the section. 
 While "lot one" or the eighty acre tract next 
 to the center line of the section does 
 not contain one half of the acres in 
 the "quarter" it is considered as an 
 half and read the "south half of the 
 northeast quarter" ("A" Fig. XVI.) or the 
 
 The 
 
 Government 
 
 lot.
 
 78 
 
 LAND STJBVEY AND LAND TITLES. 
 
 ''east half of the southwest quarter" ("B" 
 Fig. XVII.) 
 
 Heretofore it was mentioned that owing to 
 inaccurate surveys, sections were sometimes 
 longer than one mile north and south. Such a 
 tier of sections is found just below township 
 sixteen north of the base line in the state of 
 Illinois, the tier being composed of sections one 
 and one-half miles in length, measured north 
 and south. 
 
 Figure XIX 
 here shown gives 
 the regular divi- 
 sion of such a sec- 
 tion and illus- 
 trates the plan of 
 its division into 
 "lots." The half 
 section line ex- 
 tends across the 
 section at one half 
 mile from the 
 south line and the 
 acres below this 
 line are reckoned 
 the "south half" 
 Fig. xix. of tlie section 
 
 though the "north 
 
 half" is more than twice its size; the figure 
 (VI) indicates the "center" of the section.
 
 THE SECTION AND ITS PARTS. 
 
 79 
 
 A section 
 of over 
 eleven 
 hundred 
 acres. 
 
 The lot containing "108.12" acres 
 is read as "government lot four of 
 the northeast quarter of section six. ' ' 
 The above section contains 1141.28 
 acres and is one of the largest sec- 
 tions in the rectangular survey system. The 
 descriptions of its parts, however, are simple, 
 merely giving the lot number and then stat- 
 ing of which quarter of the section it is a part. 
 This will be again referred to in the chapter 
 on "Descriptions." When the reader reaches 
 it he is recommended to again review this 
 chapter in connection therewith. 
 
 This map is one of the small sections in range 
 11, east of the third principal meridian, and 
 in fact it is section number 7-15-11 east. It 
 contains but 198.38 acres with 99.28 
 acres in the south half and 99.10 acres 
 in the north half. To better describe 
 the land contained each half is subdi- 
 vided into quarters, and then we have 
 
 the S. E. 14 
 
 One of the 
 
 small 
 
 sections. 
 
 of the S. y 2 , 
 
 fft 
 
 SV/ I 
 
 Y \ \ 
 
 f *U I 
 
 which contains 24.82 
 acres. So for the other 
 parts and so also for the 
 other sections in range eleven where 
 they are so very small. Fig. xx. 
 
 In the table of square measure (chapter I) 
 it was given that "640 acres make one square 
 mile" and it is usually understood that this
 
 80 
 
 LAND SUBVEY AND LAND TITLES. 
 
 is also a section. A section does contain 640 
 acres when it is "regular" but whenever it 
 is "fractional" its area varies from one hun- 
 dred acres to 1200 acres as explained above. 
 Section sixteen of each township is set aside 
 for school purposes and its survey is directed 
 by the school trustees of the township. It is 
 divided into lots of forty or eighty acres each 
 and numbered from one at the northeast cor- 
 ner, but there is no fixed rule for such division, 
 
 The 
 township 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 and how 
 it is 
 
 usually 
 divided. 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 Fig. XXI. 
 
 and before the lots in any section sixteen may 
 be determined a map of the survey must be 
 consulted. The only rule given is that the
 
 THE SECTION AND ITS PABTS. 81 
 
 school section must be surveyed into lots so 
 that it may be sold to best advantage but no 
 one lot shall contain more than eighty acres. 
 
 The above map, Figure XXI, represents a 
 plat of a township with the sections numbered 
 as has been explained and it also shows the lines 
 of the government lots as indicated in figures 
 XIII, XIV and XV. It illustrates as well which 
 of the sections in a township are fractional as 
 stated in a previous paragraph. 
 
 SUGGESTIONS. Call on your county superin- 
 tendent of schools and ask him about fractional 
 sections and lots in a section. Ask to see his 
 record "A." 
 
 ^glg^^il^ 
 
 Quarter Section Corner. 
 
 On latitud.no> line.v.i-w looKirvi north 
 , meridional ., ,. west
 
 CHAPTER VH. 
 
 TOWN LOTS AND SUBDIVISIONS. 
 
 In the last chapter the several regular divi- 
 sions of a section were explained, as well as the 
 division of the fractional or irregular sections, 
 which last division, is accomplished by means 
 of the "government lots." At the close of 
 the chapter the plat of the township again il- 
 lustrated how the several different sections are 
 situated and numbered according to their lo- 
 cation. In a former chapter the numbering of 
 the townships was explained relative to their 
 situation in a tier north or south of a base line 
 and within some range east or west of a certain 
 numbered or named prime meridian. 
 
 Therefore any regular tract of land can be 
 described, if it lies within a district that has 
 been surveyed by the " rectangular system" of 
 survey, providing the text thus far 
 nas Deen mastered. The description 
 is accomplished by first giving the 
 part of the section to be described and if it 
 is less than a quarter of the section, the small- 
 est fractional part should be named first. Next, 
 give the number of the section, then the num- 
 ber of the tier (or township) north or south 
 
 (82)
 
 TOWN LOTS AND SUBDIVISIONS. 83 
 
 of the base line and tell if it is north or south; 
 lastly give the number of the range and tell if it 
 is east or west of the principal meridian and 
 give the name of the meridian from which you 
 reckon. 
 
 Eefer to figures XI, XXI and III in the or- 
 der given, and give the complete description 
 of B under figure XI assuming that figure XXT 
 is located in the square of figure III in which 
 is shown the letter D. It would be "the south- 
 west quarter of section fifteen (15) township 
 three (3) north, range two west of the prin- 
 cipal meridian." (Abbreviated it is commonly 
 written S. W. % 15-3-2 W. P. M.). 
 
 E would be "the south half of the south- 
 east quarter of the southeast quarter of sec- 
 tion fifteen," etc. Finish as above. 
 
 X in figure XVII would be "the southeast 
 quarter of the northwest quarter of section num- 
 ber six (6) township number three (3) north, 
 range number two, west of the third principal 
 meridian. (S. E. N. W. 6-3-2 W. 3d P. M.). 
 
 Y in figure XVIII would be ' * government lot 
 number three (3) of the southwest quarter of 
 section number eighteen (18) township (or tier) 
 number six (6) north, range number six (6) 
 
 east of the principal meridian. (Locate it 
 
 on figure III.) 
 
 Heretofore the descriptions have all been in 
 relation to the section, tier, range, base line,
 
 84 LAND SURVEY AND LAND TITLES. 
 
 and meridian, but when it is necessary to de- 
 scribe very small tracts measured by feet in 
 place of acres it is more convenient to mark 
 off the land into small squares and to number 
 or letter each square on a map. 
 
 This division or map is called "platting a 
 town" and is accomplished with a certain de- 
 gree of formality, simple in its execution though 
 required to promote the enterprise. 
 
 Whenever an individual or a company of men 
 desire to establish a city, it is necessary first 
 to acquire the ownership to a tract of forty, 
 eighty, or more acres, or a larger part of some 
 section, as the size of the town to be established 
 will require. 
 
 Having done this, a surveyor is then employed 
 to divide the tract purchased into squares or 
 "blocks" and these again into smaller subdivi- 
 sions of ' ' lots. ' ' The blocks are separated from 
 each other by roads called "streets" and the 
 lots of each block are divided by a narrow pass- 
 way called an "alley." 
 
 There is no arbitrary rule to guide the sur- 
 veyor in constructing the block as to size, and 
 they vary to suit the fancy of the owner as he 
 may think will best suit the size of the 
 
 HOW a town to be built or founded. In the 
 town is 
 
 platted, part laid off or platted for the busi- 
 ness section of the town, the "blocks" 
 and "lots" are usually somewhat smaller than
 
 TOWN LOTS AND SUBDIVISIONS. 85 
 
 those arranged for the residence portion. Busi- 
 ness lots are usually twenty-five feet wide by 
 about 120 feet long, while residence lots are 
 more frequently made fifty feet wide and some- 
 what deeper. 
 
 The roads in towns called streets between the 
 blocks, are arranged from forty feet to sixty 
 feet wide, and since the lots face or front on two 
 streets the alley is run through the center of 
 each block crosswise to the lots, in order to give 
 access to the rear of each of them. 
 
 Having had the land surveyed, as above, the 
 corners of each block are marked by a stone 
 placed at the exact corner of the block and 
 not in the middle of the street or road as is 
 the case where a farm corner is located. The 
 alley corners and lot corners are then usually 
 marked by wooden stakes. This done, the sur- 
 veyor makes a map of the new town, showing 
 the blocks and lots therein, adds his certificate to 
 the effect that he made the survey at the re- 
 quest of the owner, and that the ' * annexed map 
 represents the survey." The surveyor then 
 adds his signature and the owner joins in a 
 certificate that he has had such survey made, 
 that he has had it called by some name, and that 
 he "sets aside the streets and alleys for the 
 use of the public." 
 
 This certificate of the owner is acknowledged 
 by some officer authorized to administer oaths,
 
 86 LAND SURVEY AND LAND TITLES. 
 
 and the same is then filed for record by the 
 owner, in the recorder's office of the county. 
 This map, now called a "plat," is with the 
 certificate copied into a book kept for that pur- 
 pose, and after that time the owner, or any one 
 making a deed to any part of the land, em- 
 braced in the plat, no longer refers to it as some 
 part of a section, but calls it some "lot" in 
 some certain "block" of the town named. 
 
 If for any reason, or good luck, all of the lots 
 are sold and there is need of more lots, some 
 one owning land adjoining the town 
 so Pitted may lay off land next to 
 plat and it, and by the same process have it 
 named/ surveyed, mapped and arranged to 
 be sold by lots and blocks. Such 
 parts so surveyed to be added are usually named 
 for the owner who has it done, and are known 
 as his addition to the town. 
 
 If for any reason the same person adds more 
 than one plat to the town, the second one is 
 called his "second addition," the third plat his 
 "third addition," etc. In practice, whenever 
 a deed says "Smith's Addition" to a city and 
 does not state any particular addition, the first 
 addition is always understood to be the one 
 meant. Serious mistakes frequently occur in 
 descriptions by not stating which addition is 
 meant when there is more than one addition 
 named for the same man.
 
 TOWN LOTS AND SUBDIVISIONS. 87 
 
 When the plats are constructed, the owner 
 having the survey made may set aside any part 
 he desires for use as a park, boulevard or a 
 courthouse square, or for any public purpose 
 whatever. This is done for the reason that 
 such arrangement will add to the attractiveness 
 or completeness of the town, and perhaps in- 
 crease the value of the lots. When anyone 
 buys land for a town site he gets the whole land 
 except the road, if any, adjoining it. After he 
 has had it platted for a town, he has left only 
 what remains after taking out the streets and 
 alleys and public grounds, if any has been re- 
 served or set aside and dedicated for public 
 use. 
 
 Grave mistakes have been made ofttimes in 
 planning town sites, by making the streets too 
 narrow, so much so in fact that the growth of 
 the city is arrested, on account that there is 
 not room enough for the crowds to pass freely 
 from one block to another. Often the condition 
 of the surface of the tract surveyed will gov- 
 ern the form of the plat but it is usually left 
 to the whim of the surveyor or to the direction 
 of the owner. Modern cities have less objec- 
 tionable features than many of the older towns 
 because experience has taught many lessons in 
 the planning and establishing of a "town site.'* 
 Examples of narrow streets are found in many 
 European cities as well as several of the cit-
 
 88 LAND SURVEY AND LAND TITLES. 
 
 ies in the United States Boston, New York 
 and Philadelphia being notable examples. 
 
 In these cities many of the principal business 
 streets are not only very narrow, some not more 
 than 20 or 30 feet wide, but they are crooked 
 as well as narrow. This inconvenience arises 
 from the buildings being erected and 
 piaTstreets. the lot lines established before the 
 proprietors of the town realize what 
 room will be needed to accommodate the traffic 
 of the growing metropolis. Many times where 
 a street is found to be too narrow for later 
 conditions, it is widened, but the moving back 
 or tearing off the front of business buildings 
 is not only expensive but laborious as well. 
 
 Our modern cities are more generally better 
 arranged for the benefit of rapid transit and 
 easy passage of heavy traffic. Wide, straight 
 streets are laid out and frequently diagonal 
 streets or avenues are located to shorten the 
 distances of travel. Better examples of im- 
 proved plats are illustrated by the plan of Wash- 
 ington, Indianapolis, Chicago, Salt Lake City 
 and the new San Francisco. 
 
 UU HJ.C UVf* fOaul Ml ACUU2UDUW* 
 
 SUGGESTION. Visit your abstractor's 
 nd get him to show you a town plat. 
 
 office 
 and get
 
 C NcrtH) 
 
 The above illustrates one plan of a town, together with 
 two separate additions to the original plat. It may be noted 
 that the diagonal line on the north is controlled by the 
 natural boundary of the river and location of the railroad, 
 but in planning the lots they were arranged due north and 
 south rather than at right angle to the railroad, except in 
 blocks two and four where the hill required the arrange- 
 ment given, as most practical. It is also to be observed that 
 the streets are open to further additions, but space herein 
 did not permit a complete map of the entire city. 
 
 (89)
 
 CHAPTER VIII. 
 
 DESCRIPTION OP LAND. 
 A. DESCRIPTIONS OF REGULAR TRACTS. 
 
 In the previous chapters it has been explained 
 how that the land opened for settlement has 
 been surveyed and laid off into squares, first 
 in township size and then these divided into 
 sections. 
 
 The regular fractional parts of a section were 
 shown as well as the irregular sized parts of 
 the section, measured by the ''government 
 lots." These lot divisions of the section are 
 to be distinguished from the "lot" which is 
 part of a "block" in the town plat. 
 
 The next subject to be considered is the com- 
 bined use of these terms and parts in order to 
 properly describe any tract of land that has 
 been heretofore surveyed. 
 
 Every farm location has a reference to five 
 things and they are named in the following 
 regular order: First, the section 
 number; second, the township (or 
 
 describing tier) number and its location north 
 
 or south of the base line; third, the 
 
 range number and its position east or west of 
 
 some given prime meridian; fourth the naming 
 
 (90)
 
 DESCRIPTION OF LAND. 91 
 
 or numbering of the meridian referred to, and 
 fifth, the name of the county and state, in which 
 the farm lies. 
 
 The reader should now refer to figures XI and 
 XII, next to figure XXI, and then to figure 
 III, in the order named, assuming that figure 
 XXI is located in the position of G in figure 
 III. Now, to give the complete description of 
 B in figure XI it would be read, "the south- 
 west quarter of section number fifteen (15), 
 township number six (6) north, range number 
 
 six (6) east of the principal meridian in 
 
 county, Illinois. ' ' This for brevity is often 
 
 contracted into the following: S. W. x /4 15-6-6 
 E. P. M. So in describing any tract of land 
 being some regular fractional part of a sec- 
 tion; first give the part, either fractional or 
 government lot number, of the section in which 
 the tract to be described is located; next give 
 the number of the section with reference to its 
 location in the township (figure XXI) ; then 
 locate the township in regard to its row num- 
 ber north or south of the base line and also with 
 reference to its location east or west of the prin- 
 cipal meridian (P. M.), which governs the dis- 
 trict in which the land lies. (See figure IV and 
 addenda showing the location of all prime me- 
 ridians.) 
 
 When in the above paragraph is mentioned 
 the description of some regular fractional part
 
 92 LAND SURVEY AND LAND TITLES. 
 
 of a section, the same directions apply if the 
 part to be described is of one of the regular 
 government lots as numbered in the fractional 
 sections, of which there are eleven in each town- 
 ship. (See figure XXI.) First give the gov- 
 ernment lot number, and tell in which quarter 
 of the section it is located. Next give the sec- 
 tion number, the township, the range and the 
 meridian, in their order and with each, state 
 the direction to accompany it. So is land de- 
 scribed wherever in the United States the rect- 
 angular method of survey is employed. 
 
 B. DESCRIPTION OF IRREGULAR TRACTS. 
 
 Where the rectangular system of survey has 
 not been adopted or where a regular section has 
 been cut into irregular sizes, or even in a dis- 
 trict that has been regularly surveyed, but 
 where a river, lake or mountain has prevented, 
 the survey of land is accomplished under great- 
 er difficulties. 
 
 By referring to figure IV it will be seen that 
 
 most of the United States has been surveyed 
 
 by the rectangular system. Yet that part east 
 
 of the Allegheny Mountains and also Texas do 
 
 not employ it. Where no meridians 
 
 describe an( * ^ &Se ^ n6S are USe< * * mar ^ ^ 
 land by the land into squares, the survey is 
 
 bounds?" accomplished by marking off large 
 
 areas or plantations into irregular 
 
 size whose angles or boundary lines are usually
 
 DESCRIPTION OF LAND. 93 
 
 referred to some natural monument for iden- 
 tification, such as a marked tree, a hill, a stream 
 or some confluence of rivers. However, a nat- 
 ural monument is not always at hand and fre- 
 quent some very unstable marker is used such 
 as an old tree stump or the corner of some 
 building. 
 
 Starting at some point, either a natural mon- 
 ument or at some former surveyed line, the sev- 
 eral boundary lines of the irregular tract are 
 run in succession until the whole part of land 
 has been bounded. The bounding of the tract 
 in giving the description is called description 
 by "metes and bounds." 
 
 Some times a regular tract is so described. 
 B of figure XI would be by this method de- 
 scribed as "beginning at the southwest corner 
 of section fifteen; thence east 160 rods; thence 
 north 160 rods; thence west 160 rods; thence 
 south 160 rods to the place of beginning. ' ' 
 
 The usual "metes and bounds" description 
 is not so simple or exact as the above and we 
 here give one as found in a deed recorded in an 
 eastern state. "All of two certain tracts or par- 
 cels of land lying in Middle River District, in 
 the County of Augusta and State of Virginia, 
 containing, the one ten acres and three rods, it 
 being part of the land conveyed to the said A. 
 by B. and wife by deed bearing date of the first 
 day of March, 1877, and recorded in the Clerk's
 
 94 LAND SURVEY AND LAND TITLES. 
 
 office of Augusta County Court, deed book No. 
 92, page 332; the other containing four acres 
 and two rods adjoining the first lot, is the land 
 conveyed to the said A. by C. and wife by deed 
 bearing date of the 22d day of April, 1881, and 
 recorded in the clerk's office of Augusta County 
 Court deed book, No. 97, page 391." 
 
 Frequently irregular tracts are surveyed 
 by beginning at some known point and then 
 measuring the lines and angles as they are run. 
 
 The angle is given from a north and 
 Angle of south line only and never from an 
 usecMiT 6 eas * an( ^ wes t line. In the reading 
 description, of angles the degrees of the circle 
 
 are considered up to ninety degrees 
 either east or west, from the vertical or north 
 and south line. Thus north forty-five degrees 
 east is the "northeast" and south forty-five de- 
 grees west is exactly ' ' southwest. ' ' Such an ir- 
 regular tract may be illustrated by the follow- 
 ing description: 
 
 "Beginning north twenty-five degrees east 
 twenty chains from the mouth of Blue Creek, 
 whence a burr oak eight inches in diameter south 
 three degrees east distant twelve links; thence 
 north eighty-four degrees, twelve minutes east 
 124 chains thirty-one links; thence north sixty 
 degrees east seventy-six chains; thence north 
 forty-one degrees west ten chains to the center 
 of the 'Springfield Koad,' thence southwesterly
 
 DESCRIPTION OF LAND. 95 
 
 along the center of said road 200 chains, thence 
 south seventy-three degrees twenty-one minutes 
 east fifty chains, thence to the place of begin- 
 ning. ' ' 
 
 Often the bank or the thread of a stream is 
 
 made part of a boundary and not infrequently 
 
 "the brow of the hill" is used for some of the 
 
 boundary line. Another method 
 
 Poor lines use( j i s to begin at the "northeast 
 
 and points of 
 
 descriptions, corner of Sam Smith's lower tarm 
 
 where it corners with the land of 
 James Hamilton. ' ' Then by following the own- 
 ership lines around the place the boundaries are 
 indicated; and as a last index the community 
 name of the farm, ranch or plantation is given. 
 
 From the above it will be seen that the rec- 
 tangular method of description is not only the 
 shortest and simplest, but it is an absolute 
 fact that by this system, no two tracts anywhere 
 in the United States can have the same descrip- 
 tion, and a correct description will infallibly lo- 
 cate any piece of land described by it in any 
 state whatever. 
 
 The above are sample descriptions of farm 
 
 land only while town lots are sim- 
 
 StaSftoS. Ply described as "lot five of block 
 
 ten in the original town, now city 
 
 of Tuscola, Illinois," etc. 
 
 But it frequently occurs that not a whole lot 
 is conveyed and if the part to be described is
 
 96 LAND SURVEY AND LAND TITLES. 
 
 not an equal fractional part, it must be bounded 
 by measurements, angles, etc. 
 
 Again refer to figure XII and notice that J. 
 is the east half of the east half of section six- 
 teen (16). If it is a regular section, it is also 
 described as the "east 160 acres of section six- 
 teen," but not "160 acres on the east side of 
 section sixteen." Be careful to note the differ- 
 ence. The first description is definite evenly 
 off the east side of the section, while 
 
 Aroid the last description may be irregu- 
 
 confusion J 
 
 by care. lar, triangular or evenly, and is not 
 
 exact. To avoid confusion it is a bet- 
 ter plan to say so many feet, rods or acres 
 evenly off the east, or west side, etc. 
 
 The utmost care should be exercised in giv- 
 ing the description of property because even 
 with the greatest diligence errors often slip into 
 the records, and in after years they are the 
 source of much annoyance and cause material 
 loss to the succeeding owners of the property. 
 
 SUGGESTION. Visit your abstract office and 
 ask to see the government survey of the town- 
 ships in your county. These maps will show 
 all of the government lots and the abstracter 
 will be glad to explain any points in this chap- 
 ter not already understood.
 
 CHAPTER IX. 
 
 DEFICIENT DESCRIPTIONS. 
 
 In the preceding chapters of this section, it 
 has been shown how to locate real estate by 
 proper description, and in fact the whole mat- 
 ter of identifying a farm or lot is in giving its 
 exact location. * ' Describing land" as it is called, 
 is giving the location of the tract in such clear 
 and exact language that the part in question 
 may be distinguished apart from any and all 
 surrounding territory. Laterally 
 Locating "describing" land is telling of its 
 describing Physical properties, character of 
 land. surface, drainage, soil, etc., but by 
 
 common custom and usage "locat- 
 ing" land is termed "giving the description," 
 and herein describing land will be used to con- 
 form to the custom, and it will be understood 
 that ' * legal descriptions ' ' are intended. 
 
 Many times through ignorance or careless- 
 ness the legal description of a property trans- 
 ferred is imperfectly given and this causes 
 much confusion and trouble in after years. If 
 a property is once improperly described in a 
 transfer, the title is not complete or perfect, 
 
 (97)
 
 98 LAND SURVEY AND LAND TITLES. 
 
 that one transfer or "link" in the 
 the title. chain of title is defective. Each re- 
 corded transfer of a title is called a 
 
 . t 
 
 link" and the whole title, like a chain is no 
 stronger than the weakest link. Descriptions 
 by the rectangular survey are comparatively 
 simple and easy to give but it is often quite dif- 
 ficult and complicated where the whole descrip- 
 tion rests on a "metes and bounds method." 
 
 No one except some person competent and ac- 
 customed to the methods of transfer should be 
 permitted to draft instruments of conveyance 
 and a reasonable fee paid for a correct drawing 
 of a deed will ofttimes save an expensive in- 
 vestment to correct an error by a suit. 
 
 For example A. refused to pay B., an ab- 
 stracter, a fee of one dollar to draw a deed be- 
 cause C., "the squire," would do it for a quar- 
 ter. C. did the work for A. when he bought his 
 farm of D. and some four or five years after- 
 wards when A. sold the property it was discov- 
 ered he had no title whatever to the 
 
 "Pennywise property. "The squire" had utter- 
 but pound {L f ., J; . . ,. 
 foolish." ly failed in the description and A. 
 
 had not received a conveyance of the 
 farm from D. This might have been cured by 
 the execution of a new deed, but D. had died in 
 the meantime leaving minor heirs, and only by 
 a suit in court could the defect be cured. The 
 saving (?) of the seventy-five cents cost a law-
 
 DEFICIENT DESCRIPTIONS. 99 
 
 suit of some couple hundred dollars. (It hap- 
 pened in Illinois.) 
 
 Following are given a few examples or er- 
 roneous or ambiguous descriptions, which are 
 selected from the public records. Examine them 
 carefully and observe what ludicrous attempts 
 at descriptions they are; yet one or many just 
 such may be connected with the title to the land 
 in which you are vitally interested, and only an 
 abstract will ever disclose it. 
 
 "What does it matter," some one inquires, 
 "if there is a defect?" At some time it will be 
 disclosed and the sooner the better, because if 
 discovered in time there will be little difficulty 
 in making the correction. But if the defect runs 
 on, expensive litigation will be the result as 
 shown in the above example. 
 
 Or again the owner contracts to sell, an ab- 
 stract is prepared, the error shown, the trade 
 fails, a damage suit results. Or in case the 
 owner had contracted to buy and had paid part 
 of the contract price, his title could not be ac- 
 cepted for a loan he desired, his purchase could 
 not be completed, he forfeited the money already 
 paid and lost many times the expense of secur- 
 ing an abstract, and of having his title cor- 
 rected. Delays are expensive. In time of peace 
 order cm abstract. 
 
 A few sample descriptions which have been 
 found among the Public Records.
 
 100 LAND SURVEY AND LAND TITLES. 
 
 1. The south side of the north end of the west 
 
 half of the northeast quarter. 
 
 2. Twenty-eight acres in the northwest quar- 
 
 ter. 
 
 3. The west side of lot 8, block 26. 
 
 4. Forty acres more or less off the 
 Some 
 
 nonsensical west side of the northwest quar- 
 
 descriptions f,.,, 
 
 that have wr ' 
 
 caused 5. Beginning at the northwest cor- 
 troubie. ner ^ the blacksmith shop. 
 
 6. The 160-acre farm I now own. 
 
 7. All the property I own in Newman. 
 
 8. The east division (!) of the southwest quar- 
 
 ter. 
 
 9. One fourth of eighty acres of the undivided 
 
 land in section 23. 
 
 10. Beginning at the northwest corner of Salis- 
 
 bury's land. (Where does Salisbury 
 own?) 
 
 11. The undivided interest in three-eighths of 
 
 the northeast quarter. 
 
 12. A house and lot east of the United Breth- 
 
 ren Church. 
 
 THE ABOVE SAMPLES FEOM ILLINOIS. 
 
 13. Commencing at the northwest corner of 
 
 the fourth row of grapevines in the Brown 
 vineyard in the first ward of Sandusky. 
 
 14. Thence northerly on a line of post holes 
 
 now dug for a new fence. (Ohio.)
 
 DEFICIENT DESCBIPTIONS. 101 
 
 15. Part of the Hallam Tract in Perkins Town- 
 
 ship, beginning at the north side of the 
 driveway to the home of Seth Tompkins. 
 (Michigan.) 
 
 16. Commencing at a rock on the top of a hill 
 
 east of my barn; then west to the creek; 
 up the creek seven miles ; then back to the 
 rock. ( California. ) 
 
 17. The east half of my farm in Wayne Coun- 
 
 ty containing about 5000 acres. (Califor- 
 nia.) 
 
 18. Four acres in the shape of a heater on the 
 
 north side of the road in the northwest 
 corner of Section 10. (Illinois.) 
 
 19. All the west part of lot 8 in block four which 
 
 lies west of a certain fence now standing 
 on said lot eight, being 100 feet more or 
 less of said west part. (Missouri.) 
 
 20. Beginning at an iron stake driven in the 
 
 ice, etc. (Michigan.) 
 
 21. One grain of sand off the north 
 The side of lot 10, etc. (Newago 
 
 conveyed. 22. Beginning at the southwest cor- 
 ner of Mol's land sold on a 
 
 contract, on the north line of Lake street, 
 
 etc. 
 23. Commencing at a point in the center of the 
 
 plank road east from an oak tree on which 
 
 the gate opposite the Hindshill house 
 
 hangs, etc.
 
 102 LAND SURVEY AND LAND TITLES. 
 
 24. Thence along the center of the driveway to 
 
 a clump of bamboo; thence in a westerly 
 direction to a water tank; thence north- 
 erly along a picket fence, etc. (Wiscon- 
 sin.) 
 
 25. An old man in explaining the different 
 
 lengths as given of the adjoining line 
 
 A variable o f two lots said. "I tell you, it was 
 
 measuring . * 
 
 tape. like this. Old man Hilly er drew 
 
 them deeds, and he and I measured 
 them off. We used the painter of the 
 
 boat which was feet long, but it might 
 have stretched or got knotted with use." 
 
 (New York City.) 
 
 26. Thence north to a point two feet north of a 
 
 red barn, etc., and reserving the right to 
 remove said barn. (The barn was prompt- 
 ly removed and no other monument 
 erected. Michigan.) 
 
 27. Beginning at the southwest corner of the 
 
 barn, since removed, etc. (Boone Co. 
 Mo.) 
 
 SUGGESTION. Visit the office of your ab- 
 stracter and ask to see some misdescriptions 
 in your own county. Examine an abstract or 
 a deed and see if you can find an error in the 
 description of the property as given.
 
 CHAPTER X. 
 
 ORIGIN OF INDIVIDUAL, OWNERSHIP. 
 
 "In the beginning God created the Heaven 
 
 and the Earth." "So God created Man in his 
 
 own image, in the image of God 
 
 The first created he him, male and female 
 
 temporal 
 
 owner. created he them; and God blessed 
 them and called their name Adam in 
 the day when they were created ; and God gave 
 Adam dominion over the Earth and all things 
 therein. ' ' 
 
 Thus is the original record of ownership 
 given in the first chapter of Genesis. For the 
 history of ownership from the time of Adam to 
 the close of the flood when Noah and his sons 
 were in possession of the land, the reader is re- 
 ferred to the first eight chapters of the same 
 book. During the eons of the time from Noah to 
 near one thousand, A. D., there is little record 
 of individual possession, as the lands of the 
 Earth were held by tribes, kingdoms, monarch- 
 ies and empires, as success in war gave the 
 victor dominion over the possessions of the 
 vanquished. 
 
 About 1000, A. D., the method of owner- 
 ship known as "the feudal system of land ten- 
 
 (103)
 
 104 LAND SUEVEY AND LAND TITLES. 
 
 ure" had its rise in England whereby a "lord" 
 
 was granted the use of a separate 
 
 The feudal b 0( iy of land but on the condition 
 
 system of 
 
 land tenure, that he would furnish the king with 
 
 men to make up the king's army 
 when so required. His ownership was not of 
 the soil but only of its right of use for a time 
 and even this right did not descend by inherit- 
 ance, and he could not convey his possession 
 without consent of the king. 
 
 History relates that when William the Con- 
 queror became kind of England, he confiscated 
 all lands of those who had supported Harold, 
 Earl of Wessex, and then either by persuasion 
 or force, induced (?) all other land owners to 
 surrender their possessions to the king and they 
 to receive them back as vassals of the crown. 
 
 Thus in theory all land belonged to the king 
 and the vassal had the use of it only so long 
 as he rendered the required service to the 
 crown. 
 
 Those who held land directly from the king 
 were called barons; they in turn divided their 
 holdings to under lords, requiring from each 
 some service in return. The second party could 
 also sub-infeudate it and this was carried down 
 into still other divisions to many smaller parts. 
 
 As an example in the days of Edward the 
 First, one Roger of St. Germans held certain 
 land from Robert of Bedford, as his immediate
 
 ORIGIN OF INDIVIDUAL, OWNERSHIP. 105 
 
 overlord ; Robert of Bedford held the lands un- 
 der Richard of Ilchester, who held under Alan 
 of Chartres, who held under King of Scotland, 
 who held under the King of England. 
 
 Nor was the idea of single possession in- 
 ferred when King James the First of England 
 gave to the colony which founded Jamestown, 
 a charter to possess "all that space and circuit 
 of land lying from the sea-coast up into the 
 land, throughout from sea to sea, west and 
 northwest. ' ' 
 
 It is not possible for us to trace the owner- 
 ship of America back to its origin, except as we 
 read the records in the underlying strata, or 
 study the history of past ages, by the metal and 
 flint ofttimes found in cliff and cave. For prac- 
 tical and for all legal purposes we may confine 
 our investigation in the origin of soil owner- 
 ship to that period of time since the discovery 
 of America by Christopher Columbus. 
 
 Columbus found here the American Indian 
 who lived under tribal government and who 
 wandered from district to district, removing 
 from place to place as the tribe was led by con- 
 quest or driven by necessity. The Indian, un- 
 til very recent years, had no idea of private 
 ownership of land, but his possession was held 
 by the tribe. Recently the United States Gov- 
 ernment has allotted many quarter sections to 
 the Indian in a division of the remnant of his 
 possession prior to that of the White Man.
 
 106 LAND SURVEY AND LAND 
 
 With the discovery of America, began own- 
 
 ership of the country by civilized nations, and 
 
 history recites that "Columbus took possession 
 
 of the new continent in the name of 
 
 The first the crown of Spain." He made no 
 
 partition . . J 
 
 of record. division of the new continent and 
 none was attempted until Pope Al- 
 exander VI sought to "partition" the "New 
 World" between Spain and Portugal. In 1493 
 he issued a proclamation * ' dividing the Heathen 
 Lands into two equal parts" by a North and 
 South line located one hundred leagues west of 
 the Azore Islands. To Portugal was alloted 
 all of the "new lands" lying east of this line 
 while Spain was given all lying to the west. 
 And this is the first "partition suit" recorded 
 of American Soil, though it was to nations and 
 not to individuals. 
 
 The American continent, however, became 
 more divided as other of the European explor- 
 ers reached its shores and Spam's ownership 
 was soon in dispute at many places. France 
 early took possession of the valley of the St. 
 Lawrence. The Holland explorers settled along 
 the Hudson. Men from England located about 
 the James River and the waters tributary there- 
 to. None of the above peoples, however, under- 
 stood how broad was the new continent, how 
 vast was its area or how far from the Atlantic 
 shore did the land extend westward to reach
 
 ORIGIN OF INDIVIDUAL OWNERSHIP. 107 
 
 the waters of the Pacific. We read "that Cap- 
 tain John Smith explored up the James River 
 expecting to find a passage at its head waters 
 to the Pacific Ocean," having in mind the 
 thought expressed in his charter from the king, 
 a possession "from sea to sea," as stated above. 
 For a long time the same idea prevailed, of 
 the short distance between oceans and whenever 
 the king of England disposed of land in Amer- 
 ica to land companies he described 
 ii; as "beginning at the western bor- 
 
 of the der of the Atlantic Ocean and run- 
 
 states. fling westward to the sea." When 
 
 later the Mississippi Eiver was dis- 
 covered and its existence made known to the 
 people, its shore was made the western bound- 
 ary of the United States and so remained until 
 the ' * Louisiana Purchase. ' * 
 
 Up until the time of the Revolutionary War 
 the land comprising the United States east of 
 the Mississippi, except Florida, was claimed by 
 those colonies from the European countries 
 which had made settlements along the Atlantic. 
 Florida and the territory west of the Missis- 
 sippi was held by Spain in pursuance of her dis- 
 coveries and explorations. 
 
 At the close of the Revolution the Thirteen 
 Colonies possessed the territory of the United 
 States east of the Mississippi except the Span-
 
 108 LAND SUBVEY AND LAND TITLES. 
 
 ish holdings in Florida, for with the 
 in America. Declaration of Independence the 
 American colonists declared for free 
 and absolute ownership of the soil, no longer 
 held under a feudal system and no longer sub- 
 servient to any King. By the Declaration of 
 Independence all title to colonial domain passed 
 from the king to the people of the United 
 States. 
 
 Thus were freeholds created. Men were free, 
 for the first time, to convey real estate by deed 
 without consent of any sovereign. 
 
 But owing to conflicting claims of the va- 
 rious colonies it was with difficulty that an union 
 was accomplished. Virginia was the largest 
 claimant to territory west of the Alleghanies, 
 from the Ohio to the Great Lakes. Much of 
 this was disputed by Massachusetts and Con- 
 necticut, and it was not until as late as 1790 
 that all of this disputed area was ceded to the 
 general government of the United States and 
 the original thirteen colonies merged into one 
 nation with individual boundaries near what 
 they are today. 
 
 This was the origin of individual ownership in 
 America, the colonists confirming possession of 
 those in occupation under claim of title in the 
 separate colonies and the remaining portion of 
 the vast domain now belonging to the United 
 State of America.
 
 ORIGIN OF INDIVIDUAL OWNERSHIP. 109 
 
 Acquisition of new territory has enlarged the 
 
 area of the United States, but title to all parts 
 
 of the country later acquired either 
 
 territory *>y conquest, accession or purchase, 
 
 acquired by and not owned by individuals at the 
 
 states date of its acquisition, passed to the 
 
 United States Government, and is 
 
 alienated only by authority of the Congress and 
 
 under direction of the President. 
 
 In tracing ownership of many titles in Flor- 
 ida, Texas, California, some states formed from 
 the Louisiana Purchase and in other states, the 
 origin dates back of United States possession 
 of the territory, owing as above stated, that 
 ownership of many private tracts was con- 
 firmed in the individual possessor when the ter- 
 ritory was ceded to the United States Govern- 
 ment. 
 
 The Government, after acquiring a territory, 
 subdivides it into suitable tracts for settlement 
 as explained in the previous lessons on survey- 
 ing, and disposes of smaller tracts to individ- 
 ual purchasers who are also free to transfer 
 them as they may choose. 
 
 SUGGESTION. Read the ''Articles of Confed- 
 eration" and study the map of the United 
 States shown in figure VII at page 66. Note 
 carefully the accession of territory.
 
 CHAPTEE XI. 
 
 EXCHANGE OF OWNERSHIP. 
 
 With the ownership of the public domain in 
 the United States Government and that of par- 
 ticular tracts of land in some single individual, 
 the next condition is to inquire how this "pos- 
 session of fact," this "right of occupancy" may 
 be transferred from one to another. 
 
 It must be understood at this time that the 
 
 discussions in this volume have to do with real 
 
 estate or landed property, and while 
 
 Real estate some of the rights of its enjoyment 
 
 property ^ 1 ma y be considered under the term 
 distinguished, personal property, the ownership 
 
 referred to here is of the soil, and 
 classed as ' * real property. ' ' 1 
 
 It is stated that A. has sold his farm to B. 
 or has transferred his rights to B. Now it is 
 a fact that there is no change whatever in the 
 nature, character or appearance of the "farm," 
 the land itself remains just where it was, but 
 the "title" to the farm has been handed over, 
 
 1. For a comprehensive explanation of the terms real 
 and personal property the reader is referred to "Laws of 
 Real Property," chapter I, by Geo. W. Warvell. 
 
 (110)
 
 EXCHANGE OF OWNERSHIP. Ill 
 
 the " rights of succession" that A. enjoyed have 
 been passed to B. for his use and pleasure. 
 
 Unlike the transfer of personal property, 
 which is itself delivered, handed over and taken 
 away, the transfer of real estate is accomplished 
 by the giving over only the evidence of the ex- 
 change of ownership. 
 
 In early times this was accomplished by very 
 crude methods. It is related that at first when- 
 ever one party intended to sell another a piece of 
 land, they went upon the land to be sold, clasped 
 hands, and before witnesses spoke certain set 
 phrases, one to the other, of offer and accept- 
 ance, broke a clod of the earth between them, 
 or the seller gave to the purchaser a twig or 
 spear of grass plucked from the tract conveyed, 
 and by this elaborate formality transferred the 
 possession. Such conveyance was styled "Liv- 
 ery of Seizen." 
 
 Later it is said the parties broke a stone be- 
 
 tween them and yet still later both signed some 
 
 sort of compact and then tore it in half, plac- 
 
 ing one part of the stone or one piece 
 
 Early O f j^e parchment in some place of 
 
 methods of _" j ru- 
 
 transfer. safe keeping reserved for this use, 
 the remaining half being passed to 
 the new owner. When the party in possession 
 of the exchanged fragment desired to prove 
 ownership he could go to the portion on de- 
 posit and if the indentures of the part on de-
 
 112 LAND SURVEY AND LAND TITLES. 
 
 posit fitted the torn or broken edge of the half 
 he held, it was said to " witness" the title. This 
 custom and method may have given rise to the 
 expression now so commonly nsed in the open- 
 ing clause of contracts, beginning, "This in- 
 denture witnesseth," etc. 
 
 The above methods proved too cumbersome 
 and crude for our modern times, and great im- 
 provements have been accomplished in the man- 
 ner of transferring the ownership of real prop- 
 erty from one to another. It must be under- 
 stood however that there are but two ways by 
 which property is passed from one to the other, 
 viz., first, by the act of individuals and, second, 
 by operation of law. 
 
 The simplest method the "act of individuals" 
 is accomplished by the party selling signing a 
 paper reciting that for a certain sum named 
 he does bargain, sell and transfer to the party 
 purchasing, naming him, certain lots or land, 
 describing it. This instrument of writing by 
 reason of it witnessing the act or 
 Origin of deed of the parties is called a ' ' deed 
 
 the term , ,, , . 
 
 "deed." of conveyance" and fully explains 
 the transaction. It names both par- 
 ties, recites the amount given in exchange for 
 the property and describes the property sold. 
 When the purchaser receives such a "deed" 
 the next step is to have it copied in a book 
 kept and preserved for this sole purpose. He
 
 EXCHANGE OF OWNERSHIP. 113 
 
 takes it to the public recorder who makes a copy 
 of the instrument and thus preserves the his- 
 tory of the transaction in the public records. 
 
 The records of deeds are preserved in a se- 
 cure vault so that in case the original becomes 
 lost, proof of the transaction can be referred 
 to. 
 
 An owner of land often desires to convey it, 
 
 and to have the conveyance not to take effect 
 
 until his death. He does this by writing out 
 
 his directions as to how his property shall be 
 
 divided and disposed of at his death, 
 
 The win as g^d this instrument of conveyance 
 distinguished. * 
 
 from a deed, is called a "will" because it ex- 
 presses the will of the former owner 
 as to the transfer of his property. The com- 
 plete transfer, however, requires the aid of a 
 proper court to "prove the will," and while 
 the conveyance is considered the act of the liv- 
 ing it needs some "operation of law" to accom- 
 plish it. Where a land owner dies leaving no 
 will or direction as to how his property shall 
 be divided, his estate descends by inheritance 
 or entirely by operation of law, and his heirs 
 share in the lands and goods according to the 
 "laws of the state" where the property is lo- 
 cated. 
 
 Again, it often happens that a land owner 
 needs to borrow money for some enterprise and 
 gives as security for its repayment a pledge of 
 
 8
 
 114 LAND SURVEY AND LAND TITLES. 
 
 his land. This pledge is a written instrument 
 in form of a deed and is in fact a sort of con- 
 veyance of the property to the party furnishing 
 the money. It recites the parties, the amount of 
 money borrowed, names the rate of interest, 
 states when the money is to be repaid, etc. It 
 further provides that if the borrower 
 
 wh OWns the land f *&* to re P a F the 
 sum borrowed when due, his land 
 
 shall be sold under order of a proper court and 
 some one appointed by the court makes the sale 
 and transfers the ownership of the borrower 
 to the party purchasing at the sale held by or- 
 der of the court. This conveyance is wholly by 
 "operation of law" and the original owner is 
 as fully divested of his rights in the property 
 as if he had made a full conveyance, himself, 
 of the property to the new owner. 
 
 One thing to bear in mind is that all trans- 
 fer of ownership of real estate to be binding 
 and complete should be accomplished accord- 
 ing to the rules prescribed by the laws of the 
 state wherein the land is located. 
 
 If a deed is incorrect in its form of signa- 
 tures, the transfer may not be complete. If 
 the decrees of court are not properly drawn 
 and if the processes of law are not correctly ob- 
 served, the transfer may not be complete and 
 the new owner might at some future time suf-
 
 EXCHANGE OF OWNERSHIP. 115 
 
 fer loss on account of either of the above er- 
 rors. 
 
 Every purchaser of real property for value 
 should satisfy himself that all transfers, his 
 own and all prior thereto, have been regular, 
 and under no circumstances should he rely on 
 the work of any one not skilled in the 
 The methods of conveyancing. A dollar 
 
 Sways* saved (?) in employing a cheap 
 the best. "squire" to attend to such impor- 
 tant transactions has often de- 
 manded the payment of a much larger sum later 
 when it was necessary to correct the error of 
 the cheaper attorney who had prepared the 
 deeds or who had carried the suit of foreclos- 
 ure through court. Be advised and always re- 
 quire the services of the best talent to be had 
 at such times, and you will have fewer troubles 
 in the future. 
 
 SUGGESTION. Visit an abstract office and ask 
 the abstracter for a blank deed form, and a 
 copy of a will. Have him to explain how a title 
 passes by each of them.
 
 CHAPTER XII. 
 
 RECORD OF OWNERSHIP. 
 
 The first record of a transfer of land, or the 
 exchange of ownership is found in the seven- 
 teenth verse of the twenty-third chapter of 
 Genesis, where Abraham purchased a field from 
 Ephron. 
 
 The practice of keeping a public record of all 
 the various transfers affecting the title to real 
 estate is of recent origin. Like tribal posses- 
 sion, the occupancy of land in former times de- 
 termined its ownership. Later when this was 
 exchanged by one individual to another it gave 
 rise to the need of the evidence of 
 
 Why public transfer as explained in the previous 
 
 records are , . 
 
 kept chapter. As the possession passed 
 
 in succession these deeds were kept 
 and always given to the last purchaser, but some 
 were frequently lost and also in time they be- 
 came quite bulky and cumbersome to preserve. 
 This condition demanded a more permanent 
 and less burdensome method of keeping trace 
 of ownership and as mentioned heretofore the 
 office of public recorder was created for keep- 
 ing a record of the transfers. This official not 
 only makes a record or copy of deeds but copies 
 
 (116)
 
 RECORD OF OWNERSHIP. 117 
 
 as well all other instruments that in any way 
 affect the title to real estate. 
 
 The prime object for having a deed recorded 
 after the purchaser receives it from the seller, 
 is to preserve the evidence of the transaction. 
 If then the original deed be lost the new owner 
 of the property may go to the public record and 
 by this official copy, prove that he had pur- 
 chased the land and that he had the right to it. 
 
 Did the new owner from a lack of interest, 
 through ignorance or carelessness, fail to have 
 this deed recorded and did he lose the origi- 
 nal, he might have trouble in proving his rights. 
 The former owner might, in a contrary mood, 
 refuse to make another deed; or the grantor 
 might in the meantime have died and his heirs 
 knowing nothing of the sale, would be unwill- 
 ing to make the transfer. In either case the 
 purchaser would be to the expense of securing 
 a new deed or failing in this he 
 
 Not an would have to pay the cost of an ex- 
 deeds are , .. , ., ,. 
 recorded. pensive lawsuit and at the same time 
 
 be in jeopardy of losing his prop- 
 erty altogether. Yet, despite this fact, there 
 are many old deeds lying in bureaus, desks, or 
 safes, not yet recorded, which is a very dan- 
 gerous practice. 
 
 One other reason for having a deed recorded 
 immediately after the purchase is completed is 
 to proclaim to the public that you have acquired
 
 118 LAND SURVEY AND LAND TITLES. 
 
 the property. In most states the first deed of 
 record is paramount in right of title; and did 
 your seller make a second deed to the property 
 after executing the deed to you, and did the 
 second purchaser put his deed of record first, 
 ahead of yours, nis title would prevail and you 
 would have none. 
 
 Of course you might bring suit against your 
 grantor but you put yourself in need of a law- 
 suit and in the meantime your seller may have 
 moved far away. 
 
 Not all states have a law requiring a record 
 of the original deeds, 1 and a notable example 
 is that of Louisiana. Here notaries public are 
 commissioned to draft all deeds each in his sep- 
 arate district, and when the deed is 
 TJj e executed, the notary sends it to the 
 
 method. public recorder who makes only a 
 brief record of the instrument and 
 no complete copy at all. The original instru- 
 ment is then returned to the notary's office 
 from whence it came and when a sufficient num- 
 ber have accumulated they may be bound into 
 a volume. 
 
 These original deeds remain about the no- 
 tary's office, not filed in secure vaults but lying 
 
 1. Laws requiring lands transfers to be registered were 
 passed by the early colonies as follows: Massachusetts 
 in 1636 and 1641, Connecticut in 1639, Virginia in 1639, New 
 York in 1665, New Jersey in 1676, Maryland in 1692, Penn- 
 sylvania in 1705, North Carolina in 1715.
 
 RECORD OF OWNERSHIP. 119 
 
 in desks, etc., until Ms death. After this event 
 the deeds found among his effects are gathered 
 together and "thrown" into a vault, secure at 
 least but no doubt with some missing, and in- 
 deed in poor condition for use in proving 1 rec- 
 ord or showing a succession of ownership by 
 reason of their not being properly indexed and 
 arranged. These vaults are known as the "no- 
 tarial archives" and are the repositories of 
 original deeds of transfer. 
 
 The final preservation of the originals is per- 
 haps to be commended, were they arranged 
 and indexed suitable for reference. But their 
 being allowed to remain so long in the office of 
 the notary, insecurely preserved, is to be de- 
 plored, especially since the public record of the 
 transaction is not complete. 
 
 The office of the recorder is the safe reposi- 
 tory of all instruments affecting ones interest 
 in land or any real property. 
 
 If one has loaned another a sum of money 
 and taken in evidence a writing, the party fur- 
 nishing the money should protect himself by 
 having recorded the instrument reciting the 
 loan and describing the property pledged, which 
 instrument is known as the mortgage. The re- 
 cording of this paper declares to the public the 
 transaction and the borrower cannot then 
 transfer or sell his property and thus elude the 
 debt.
 
 120 LAND SURVEY AND LAND TITLES. 
 
 And when the borrower or owner of the prop- 
 erty has repaid the debt and received a state- 
 ment that the lien of the mortgage is released 
 as to his property, he should at once have this 
 copied in one of the public records in order to 
 preserve the evidence of payment. For with 
 the utmost care the original papers are liable to 
 get misplaced or destroyed, and time and money 
 are required to secure duplicate copies. 
 
 The actual labor of preserving the records 
 of all transactions among men in their life time 
 is accomplished in main as outlined above ; but 
 when a man dies his property is transferred to 
 his heirs through the assistance of the office of 
 the Probate court and not directly by the re- 
 corder. 
 
 If the deceased left a will, his will is proven 
 in this court and when so made public, it shows 
 to whom his estate is divided. If no will is 
 found this court determines who are the heirs 
 and they then share the estate. Thus then are 
 the records of the various transactions affect- 
 ing a title to a property preserved in order that 
 at any time an owner may exhibit his rights. 
 
 In England however the records of land 
 
 transfers are not kept as in this country, and a 
 
 person about to sell a parcel of land 
 
 English would have his solicitor prepare 
 
 "rovin 1 f ^ rom ^ ne original instruments an ab- 
 
 titie. stract of all matters upon which the 
 
 seller intended to prove his title, in-
 
 RECORD OF OWNERSHIP. 121 
 
 eluding deeds, wills, registers of births, deaths, 
 and mortgages, pedigrees, etc., whether of rec- 
 ord or not, which in any way show ownership. 
 Every state has its system of registration of 
 conveyances and the general rules of construc- 
 tive notice are the same in all States ; out of this 
 system of recording conveyances and the doc- 
 trine of constructive notice has grown the mod- 
 ern American business or profession of ab- 
 stracting land titles, as explained in the next 
 succeeding chapter. Also the guaranty certifi- 
 cate and policy of title insurance is founded on 
 these principles of recording the various trans- 
 fers of ownership and the tracing of ownership 
 and right of possession to the present owner. 
 
 SUGGESTION. Visit the office of your re- 
 corder and ask to see the public records of 
 deeds, mortgages, releases, etc.
 
 CHAPTER XIII. 
 
 THE ABSTRACT OF TITLE DEFINED. 
 
 An abstract of Title is a condensed history 
 of the title to land, giving the material portions 
 of all instruments or records pertinent to the 
 title of the land in question. 
 
 These instruments are more particularly 
 deeds, mortgages, trust deeds, tax assessments, 
 judgments, liens, rights of conservators for in- 
 sane persons and minors or profligates, of wid- 
 ows, parties to suits, etc. 
 
 An abstract should show every possible fact 
 which in any way may become a cloud on the 
 title or which tends to exhibit the 
 The unclouded ownership of the tract 
 
 oJ?*^ ement of land under consideration. The 
 abstract. matters should be prepared and ar- 
 ranged in a methodical and accur- 
 ate manner, only by those who are experts in 
 such matters and who are familiar with the pub- 
 lic records and well versed in real estate law. 
 
 The term abstract of title does not necessar- 
 ily mean a condensed copy, but it implies a 
 work requiring learning, skill and labor. 
 (Banker v. Caldwell, 3 Minn. 94.) 
 
 (122)
 
 THE ABSTRACT OF TITLE DEFINED. 123 
 
 Persons engaged in the business of making 
 abstracts of title occupy a relation of confidence 
 towards those employing them, second only in 
 the sacredness of its nature to that between an 
 attorney and his client. The abstracter of titles 
 is indeed something more than a mere business 
 man. He is not the servant of the moment, he 
 builds not for the present alone but for the fu- 
 ture as well. His work well done will endure. 
 By such service and showing, a purchaser or an 
 owner may know the condition of any title un- 
 der investigation. 
 
 The term abstracter or abstracter of title is 
 of recent coinage and use, designed to describe 
 one who prepares, from the public records, a 
 history of the transfers and other matters, af- 
 fecting a title to a property. The work of the 
 American abstracter has been developed almost 
 entirely within the past fifty years. 
 The Early laborers in this field styled 
 
 and^the 61 " themselves conveyancers; later, ab- 
 examiner. stract makers which has been con- 
 tracted into abstracters. Examiner 
 is also a term used though more commonly ap- 
 plied to an attorney who examines the abstract 
 after it has been prepared by the abstracter, 
 in order to determine if the steps taken in pass- 
 ing the title from one owner to another were 
 legal or according to the prescribed statute, 
 and to determine the condition of the title.
 
 124 LAND SUBVEY AND LAND TITLES. 
 
 As districts grow older in their settlement 
 land is transferred from one individual to 
 another more frequently, and deeds, mortgages, 
 etc., accumulate until it is no longer practical 
 to examine the thread or chain of title by read- 
 ing them in the original instrument; as stated 
 in the previous chapter this condition gave rise 
 to the need of public records. Nor is it practi- 
 cal or possible to laboriously follow the title 
 through so many volumes of records; and this 
 increasing mass of records created a demand 
 for their scientific indexing and the exhibit of 
 the essentials of every instrument or transfer 
 contained therein affecting the title under con- 
 sideration. 
 
 The Supreme Court of Illinois has defined an 
 abstract as "a summary of the facts relied on 
 as evidence of title. It should contain a note 
 of all conveyances, transfers or other facts re- 
 lied on as evidence of the claimant's title, to- 
 gether with all such facts appearing of record 
 as may impair it." (Sec. HI. Rep. Vol. 117, 
 page 149.) 
 
 By some the abstract is often 
 ea^stract confused with a title itself. Yet a 
 distinguished careful study of the definition 
 quoted above will disclose that the 
 right of ownership is the title while the history 
 or examination of the records is the abstract 
 and shows the condition of the title.
 
 THE ABSTRACT OF TITLE DEFINED. 125 
 
 A merchantable abstract is one which, has 
 been prepared by a competent abstracter, an 
 abstractor who by his years of experience and 
 painstaking has proved his competency. Abil- 
 ity, reliability, and responsibility are the three 
 characteristics which go to determine the mer- 
 chantability of abstracts; lacking any one of 
 these essentials the work of any abstracter of 
 titles is bound to prove a failure. 
 
 The terms good and bad may be applied to 
 the abstract as it describes the work of the ab- 
 stracter but neat and complete would be bet- 
 ter terms; as applied to titles these terms will 
 be discussed in a subsequent chapter on the 
 title. 
 
 It must also be understood that the abstract 
 is not in itself a guaranty of the title. Do not 
 be so deceived. It is merely the exhibit of the 
 records showing the condition of the title. Af- 
 ter an abstract is secured have some good at- 
 torney examine it to determine the condition 
 of your title. 
 
 The methods of preparing an abstract vary 
 in every locality since in the older settled coun- 
 tries, where real estate values are high larger 
 and more complete showings are required. In a 
 newly settled country where transfers are few 
 the abstract is little more than a mere index, 
 while in the early settled regions they contain 
 all the essential points of every transfer so that
 
 126 LAND SUBVEY AND LAND TITLES. 
 
 the condition of a title may be determine! by 
 a study of the abstract alone and no reference 
 to the records themselves is required. 
 
 English Abstracts of Title are in a large part 
 prepared from the original unre- 
 Engiishand corded instruments of transfers and 
 abstract? family histories or pedigrees, and 
 compared, they show only the interest of some 
 one individual in the property. 
 American abstracts are prepared from the pub- 
 lic records of all original instruments of trans- 
 fer, condensed and arranged in chronological 
 order, so that they show every item connected 
 with or affecting the title abstracted and they 
 disclose the entire ownership of the property. 
 
 An abstracter must use due care and dili- 
 gence in the examination of the records, and he 
 cannot rely on mere indexes ; he should make a 
 full and true search of all the records and close 
 his work by an explicit statement or certificate 
 that * ' all matters affecting the title are shown. ' ' 
 
 A perfect and complete abstract of title can 
 be prepared only by the aid of properly con- 
 structed indices, and the meagre facilities main- 
 tained by the public offices are wholly inade- 
 quate and abstracts made by public officials, and 
 from such sources only, are not to be relied 
 upon. 
 
 The general rule is that in the absence of 
 fraud an abstracter is liable for error or omis-
 
 THE ABSTRACT OF TITLE DEFINED. 127 
 
 sion to the party only who employs him, and 
 not to any subsequent owner or any other per- 
 son interested in the title. 
 
 In every instance, however, an abstract com- 
 pany should make good any loss occasioned by 
 failure of showings in its abstracts of title, and 
 most companies do; and the statute of each 
 state should require it to do so. 
 
 The furnishing of an abstract of title by the 
 
 seller cannot be demanded by the purchaser as 
 
 a legal right, but it is usually made 
 
 when shall a condition in most sales by ex- 
 
 3.ri Abstrsct 
 
 be furnished, press agreement in the contract be- 
 tween the parties; but if the con- 
 tract makes no mention of an abstract, the pur- 
 chaser cannot later demand one. When, how- 
 ever, a contract provides for the exhibit of an 
 abstract of title by a day named, this must be 
 furnished before the vendor can demand per- 
 formance of an agreement by the vendee; and 
 if the abstract does not show the title agreed 
 upon at the day set for the completion of the 
 contract, the purchaser may elect to declare the 
 contract void. 
 
 When a sale of land is complete and the deed 
 has been delivered, the abstract becomes the 
 property of the purchaser, and as well, when 
 the owner of land delivers his abstract in pro- 
 curing a loan it becomes a part of the security 
 for the loan and may not be demanded by the
 
 128 LAND SURVEY AND LAND TITLES. 
 
 mortgagor, his heirs or assigns until the loan 
 is fully paid. 
 
 Abstracts of title to land are subjects of lit- 
 erary property, so long as the compiler remains 
 owner of the unpublished manuscript, and may 
 be entered for copyright. 
 
 Where lands are incorporated into a new 
 county by a change of lines, original instru- 
 ments need not be re-recorded in the new county, 
 but the abstract must show all matters relating 
 to the title. And where a party accepts a title 
 from another person engaged in litigation, he 
 will be bound by the decree rendered in the suit. 
 If judgment is rendered against his grantor, 
 his land just purchased will be liable for the 
 payment of the judgment, until it is settled. 
 
 In the event of the destruction of the county 
 records and of the original instru- 
 HOW when m ents of transfer as well, an ab- 
 raords are stra<;t of titie prepared in the regu- 
 destroyed. lar course of trade and for the bene- 
 fit of the parties interested in the 
 land, is evidence of title and can be recorded to 
 prove ownership, but it must be intelligible to 
 any one, and where there are abbreviations 
 needing proof to explain, the abstract of title 
 may not prevail, except by a special statute. 
 
 A conveyance is not invalid because the de- 
 scriptions are in figures or well understood ab- 
 breviations, but abbreviations should not be
 
 THE ABSTRACT OF TITLE DEFINED. 129 
 
 used in an abstract to such an extent that the 
 same is rendered unintelligible, and when they 
 are so employed the abstract is insufficient to 
 establish title. Abbreviations so far as possi- 
 ble should be avoided altogether. 
 
 SUGGESTION. Visit an abstract office and ex- 
 amine the equipment. Ask to see the indexes, 
 records, plats, etc. The abstracter is your 
 friend and will be glad to see you.
 
 CHAPTER XIV. 
 
 NEED OF AN ABSTEACT. 
 
 The most indestructible and enduring form 
 of wealth is the ownership of real estate. 
 Wealth in personal property is liable to loss. 
 Merchandise soon becomes unseasonable, and 
 is liable to be destroyed by fire, water or other 
 agencies. Even the house in which we live may 
 be swept away by fire, flood, wind or 
 earthquake. Precious stones, bonds 
 valuable and other valuables may be stolen 
 weaHh r l s t but if the wealth is in lands 
 and the title is good, the enjoyment 
 of ones investments cannot be denied, stolen, 
 lost or destroyed. It will abide till death and 
 then inure to the benefit of the next genera- 
 tion; nor does the wealth of land decrease but 
 on the contrary; it grows larger as time goes 
 on. 
 
 Every one then will do well to make some in- 
 vestment in real estate, indestructible and sure, 
 and if he is careful at time of purchase that the 
 title is good, he need have no fear of fire, thief 
 or panic, for it will stand until time is no 
 more. 
 
 (130)
 
 NEED OF AN ABSTRACT. 131 
 
 When a man buys a home, his first thought is 
 that the house and barn must be insured, yet 
 these are but a small part of the value of the 
 whole farm or home. And insurance against 
 fire or cyclone is but a small part of the risk to 
 protect. An owner willingly pays twenty-five 
 dollars to be protected against the loss of a 
 couple thousand of dollars in buildings and per- 
 haps forgets that unless he has an abstract he 
 has no insurance whatever against the many 
 thousand dollars invested in the land itself. It 
 is of more importance to know you are pro- 
 tected in the ownership of the land than that 
 you are secured against partial loss of the im- 
 provements. 
 
 Again the owner is especially careful to know 
 that his insurance policy is written by 
 
 When to a reliable, long established and re- 
 
 get an ., , ,., , 
 
 abstract sponsible company while he may ac- 
 
 and the ce p^ an abstract that is worthless; an 
 
 value of ^ . 
 
 one. abstract compiled by an incompetent, 
 
 unreliable attorney or squire, one that 
 has been put up "cheap." A purchaser of real 
 estate should be so careful to have a merchant- 
 able abstract that if necessary he would pay 
 for it himself, because when he pays his good 
 money for a property he wants to be assured 
 he is not buying a lawsuit or only a small share 
 in the lands. 
 
 The previous chapter explained the abstract 
 and its method of preparation and any one deal-
 
 132 LAND SURVEY AND LAND TITLES. 
 
 ing in land should know that a good and com- 
 plete abstract can only be prepared by a skill- 
 ed laborer and not by one who makes abstract- 
 ing but an incident to his other work. And 
 the abstract work should be backed by the most 
 reliable company or firm accessible. An ab- 
 stract is a guide and the only safe guide to pur- 
 chasers of land or investors in real estate se- 
 curities. 
 
 The title to all real estate is involved in the 
 numerous public records or documents, instru- 
 ments and decrees, as they are kept in the sev- 
 eral public offices and there is no one instru- 
 ment in the title of sufficient importance in it- 
 self to render unnecessary an examination of 
 all of the records for the purpose of ascertain- 
 ing the true state of the title as it exists. 
 
 Many people believe and some often insist 
 that a warranty deed is all sufficient 
 
 A warranty an( j ^i <ji ear g^y defect, or that a 
 
 deed alone 
 
 can never deed from an officer of the court will 
 
 SSe 6 good. make the title good. Such belief is 
 founded on ignorance and purchas- 
 ers often discover this when they have had to 
 expend large sums of money to protect their 
 property, when a proper abstract in the first 
 place, carefully examined by a competent attor- 
 ney would have avoided all troubles. 
 
 It is a fact of law that the purchaser of real 
 estate is expected to know the condition of the
 
 NEED OF AN ABSTRACT. 133 
 
 title he is getting. If, afterwards, he has to 
 pay penalties on account of defects or liens, he 
 cannot plead ignorance or say he relied on the 
 reputation of his grantor and understood his 
 title was perfect. He must know what the rec- 
 ords show concerning all the matters affecting 
 his title when the purchase is made. 
 
 The knowledge of the condition of a title ac- 
 quired before purchase, often saves thousands 
 of dollars that might have to be ex- 
 P 611 ^ 6 ^ i n P a yi n claims overlooked 
 forearmed. i n a casual examination of the rec- 
 ords; besides this great saving, the 
 general use of abstracts of title tends to estab- 
 lish greater security in ownership of lands and 
 to increase the value of real estate. An ab- 
 stract is important, not only on account of the 
 fund of information it contains, but also be- 
 cause that information is in such form and so 
 arranged that it may be used with ease. 
 
 The making of an abstract of title and the ex- 
 amination of it are separate and distinct duties. 
 The abstracter searches the records and pre- 
 pares the facts upon which the examiner bases 
 his opinion, and having these facts before him, 
 an examiner can give his undivided attention 
 to the legal conditions without being inter- 
 rupted to search for the facts upon which his 
 conclusions are based. Therefore, after pro- 
 curing your abstract, take it to an attorney for
 
 134 LAND SUBVEY AND LAND TITLES. 
 
 examination, and be sure he knows the law of 
 the land where the property is located and that 
 he is competent to make the examination re- 
 quired and to render an opinion on the title. 
 
 Here are a few of the many reasons why 
 your title may be defective, if not absolutely 
 void. 
 
 1. Your deed may have the property wrong- 
 ly described; a number of the con- 
 A few veyances prior to your deed may 
 
 reasons * 
 
 whereby a have the same defect, 
 ^defective. 2. The deed may be executed by 
 an attorney-in-fact, his power of at- 
 torney may be imperfect, his principal may 
 have deceased or married, before the execution 
 of his deed. In the first event his deed was 
 void while in the second, not all the title was 
 conveyed. 
 
 3. Your title may depend on the foreclosure 
 of a mortgage and it is incumbent upon you to 
 know that the foreclosure proceedings were reg- 
 ular, and that all parties interested were made 
 parties to the suit, and that the service was 
 complete against all defendants. A decree, and 
 it follows a sheriff's or master's deed based on 
 defective service, is void. 
 
 4. Your title may be derived by will; the 
 will may be defective ; there may be a life estate 
 not disposed of, legacies that are unpaid or a
 
 NEED OF A.N ABSTBACT. 135 
 
 score of other things which would make a title 
 
 defective, if not absolutely void. 
 
 While an abstract does not insure the title, it 
 
 is however of much more importance 
 
 An abstract than insurance as commonly used. 
 
 to a e X Abstracts of title do not speculate 
 
 only and on the uncertainties of the future; 
 
 ftseif make* tiie ^ deal ^^ ^ e ^errin realities 
 
 a title good, of present existing conditions. By 
 their use one may avoid future trou- 
 ble in learning the facts as they are before 
 purchasing a property. 
 
 An abstract of title being of more importance 
 than insurance, the man who is without an ab- 
 stract has less business judgment than he who 
 has no insurance on his personal property. 
 
 SUGGESTION. Visit your abstract office 
 and ask to see an abstract of title. Get the ab- 
 stracter to explain it to you. He will be glad 
 to meet you and tell you about titles.
 
 CHAPTER XV. 
 
 THE ABSTRACT AND THE ABSTBACTER. 
 
 The next chapter illustrates the abstract and 
 it is intended to acquaint the reader with the 
 simpler steps of exhibiting the condition of a 
 title. By a study of the several succeeding 
 numbered paragraphs, in their regular order, 
 on the following pages, the reader will be able 
 to trace the title of a town lot from its first 
 transfer by the United States Government to 
 the present owner. 
 
 There are numerous forms and different ar- 
 rangements employed in the compiling of ab- 
 stracts of title each individual abstracter being 
 partial to his own style. But all aim at the 
 same fact, that of setting out the history of the 
 several conveyances of the title as disclosed by 
 the record, whether the transfers were accom- 
 plished by deeds of an individual or by opera- 
 tion of the law. 
 
 In the newer sections of the country the show- 
 ings in an abstract are usually brief, 
 why some since the titles, being young, are not 
 are SSier ^ complicated. Under these oon- 
 than others, ditions the whole exhibit is often 
 very meager, the entire abstract 
 
 (136)
 
 THE ABSTRACT AND THE ABSTRACTED 137 
 
 comprising but a single sheet and in fact con- 
 sisting of little more than a good index. 
 
 Where this sheet form or meager index meth- 
 od is employed, it is necessary for the examiner 
 to take the "abstract" as given him, and go 
 to the records themselves in order to properly 
 pass upon the validity of the title. But where 
 an abstract maker has progressed and when he 
 is willing and competent to make the exhibits 
 and showings as complete as he should, the at- 
 torney may well form his opinion of the condi- 
 tion of the title under consideration from a 
 study of the abstract alone. 
 
 As the reader studies the pages of the next 
 chapter and observes the explanatory notes, be- 
 low the several transfers, he will readily under- 
 stand the transfer of the title under considera- 
 tion there, and realize as not before what is a 
 history of a title, in other words an abstract, 
 and more fully appreciate the absolute need of 
 one. 
 
 It is to be accepted that the exhibit on the 
 following pages is not set out as a model ab- 
 stract for an abstractor to follow but more as 
 a guide to acquaint the reader with what an 
 abstract of title purports to show. It is also to 
 be noted that the errors appearing, while theo- 
 retical, are in fact just such as are often found 
 in our public records. The errors are explain- 
 ed in the foot notes, but the notes are no part
 
 138 LAND SURVEY AND LAND TITLES. 
 
 of the abstract-, they partake more of the na- 
 ture of an attorney's opinion on the title by his 
 examination of the abstract. 
 
 Let it also be understood and oft repeated, 
 " There is no way to exhibit the re- 
 A paragraph corded condition of a title and to 
 should* 18 discover errors of omission or corn- 
 know, mission except by means of an ab- 
 stract. ' ' 
 
 An owner may feel his title is good because 
 he knows all who have owned the property since 
 it was alienated from the Government, but he 
 cannot know if all conveyances are regular and 
 properly recorded. If no abstract is at hand 
 such assurance is mere presumption and guess 
 work, and deferring the correction of errors is 
 expensive to say the least. An error discov- 
 ered to-day may be cured by affidavit or quit 
 claim deed to-morrow, but if neglected perhaps 
 the only parties who could have adjusted it die, 
 and then the sole recourse is a costly suit at law 
 to quiet title. By not having a title in good 
 condition sales are retarded and often de- 
 feated; loans are delayed and frequently re- 
 fused. 
 
 Never accept a property without first having 
 been furnished a complete abstract and having 
 had it examined by a competent at- 
 There are tomey. Too great stress cannot be 
 w3?a? P^ on the necessary skill of the ab- 
 abstracts. stracter, the required fitness of the
 
 THE ABSTRACT AND THE ABSTBACTEB. 139 
 
 attorney and on the responsibility of both. If 
 either fails to note an error whereby a loss 
 occurs he should be willing and able to make 
 good the account. Let the first care always be, 
 when dealing with real estate, to know the title 
 is regular and complete from the alienation by 
 the United States Government down to the pres- 
 ent owner. 
 
 The closing number of the abstract, the certi- 
 ficate, is not always well understood or appreci- 
 ated. It is this final paragraph that causes the 
 worry to the conscientious abstracter. It re- 
 quires less skill to brief the conveyances than 
 to select the required showings of a suit in 
 court. But in the certificate the whole is sum- 
 med up and the statement made that all is 
 shown and shown correctly. 
 
 It is this uncertainty of having overlooked a 
 word in a conveyance, or sometimes the omis- 
 sion of a mere comma that brings the weight of 
 years to men engaged in abstract work. Per- 
 haps the mere misplaced punctuation mark has 
 changed the effect of the terms of 
 Reliability conveyance so as to defeat the real 
 abstracter. intent and who is to bear the blame? 
 Why, the abstracter. He must also 
 search all conveyance records, court records, 
 tax records, judgment records, and lien records 
 and know he has missed no entry in either one 
 that affects the title under consideration.
 
 140 LAND SURVEY AND LAND TITLES, 
 
 Aside from the actual labor required, it is 
 another matter to make the statement in writ- 
 ing that matters are just as shown and sustain 
 each statement with one's whole responsibility, 
 both moral and financial. Only by the best pre- 
 pared and most carefully kept set of indexes 
 can an abstracter hope to maintain his ability 
 to make the complete showings required. His 
 labor must be unceasing; his work is never 
 ended. 
 
 The examiner takes the abstract after it is 
 prepared and seeks to discover if the transfers 
 are according to law and in case of suits to see 
 if they have been properly conducted. His 
 work is less arduous because all matters are 
 arranged in regular condensed order, and he 
 has nothing to concern him except the matter 
 directly connected with the title. He must de- 
 termine the legal conditions and he 
 The should be skilled in the law of real 
 
 and^ST property especially of the state in 
 work. which the land in question is located. 
 
 His work though less extensive is 
 equally as important as that of the abstracter 
 but the two should never be combined. 1 
 
 1. Perhaps the most notorious case of modern times, 
 illustrating the value of a reliable abstract and show- 
 ing the result of relying on an abstract of title prepared 
 by incompetent workmen having incomplete equipment, is 
 the case of John F. Dietz from Cameron Dam, Wiscon-
 
 THE ABSTRACT AND THE ABSTEACTEE. 141 
 
 sin. It is also a lamentable fact that Mr. Dietz is now 
 serving a life term in the Wisconsin state's prison as a 
 result of his confidence and reliance in the poorly pre- 
 pared abstract of title to his farm. This story is the last 
 argument against unreliable abstractors and abstract equip- 
 ment, and is the only recommendation that should be 
 needed to interest all land owners in the title insurance 
 as mentioned in chapter twenty-eight at a subsequent page 
 herein. 
 
 The story briefly related is as follows: One R. T., on 
 October 3, 1900, prepared an abstract of title to the south 
 half of the northwest quarter and the north half of the 
 southwest quarter of section 20, township 38 north, range 
 4, west of the fourth P. M. in Chippewa County, Wiscon- 
 sin, which apparently showed an indefeasible title in fee 
 simple in H. E. Dietz, wife of John F. Dietz. A correct 
 abstract later prepared disclosed an easement or privilege 
 in favor of the Chippewa River Improvement and Log 
 Driving Company, giving them the right to construct a 
 dam across Thornapple River, in a part of said section, 
 the construction and operation of which would, and did, 
 flood the land claimed by Dietz. This deed of rights was 
 executed in 1884 and all conveyances of the Dietz prop- 
 erty made subsequent to this date were perforce subject 
 to the rights and privileges of the said company. These 
 rights and reservations were not shown in the Dietz ab- 
 stract, the conveyance of the privilege itself being omitted 
 and the reservations in the subsequent deeds being either 
 overlooked or not mentioned. 
 
 Dietz, relying on the showing made to him, acted as he 
 thought in the defense of his property rights, though his 
 method of defense by siege and shotgun is not commended. 
 Yet had he been furnished a correct, complete and reliable 
 abstract at the time of purchase, he would never have been 
 drawn into that terrible warfare.
 
 CHAPTER XVI. 
 
 A SAMPLE ABSTEACT OP TITLE. 
 
 No. 1. Caption. 1 
 
 An Abstract of the Proceeding of Record in, 
 Douglas County, Illinois, upon Lot Number 
 Ten (10) in Block Number Four (4) of the 
 Original Town of Barbourville, Illinois, from 
 and since the date of Entry. Said lot being a 
 part of the SW%-NE^4 Sec. 34 Tp. 16 N. R. 8 
 E. 3rd. P. M. 
 
 1. The caption of an abstract is that opening or in- 
 troductory paragraph, which explains concisely what prop- 
 erty is under consideration and when the examination be- 
 gins. If examination begins at a date subsequent to 
 alienation by the United States Government it is usual 
 to state that "title is assumed in A. B.," the pretended 
 owner. 
 
 This practice is not to be commended because a man 
 may be understood to have title and yet there might be 
 serious defects prior to his ownership. Always require 
 an abstract to begin with the Government as a source of 
 title. 
 
 (142)
 
 A SAMPLE ABSTRACT. 143 
 
 THE UNITED STATES OF , 
 
 AMERICA 2 Entry Book *' 
 
 / 2 \ f ^Instrument Entry. 
 
 A.J.WOHM.N. J D-te, April 1, 1837. 
 
 CONVEYS : 
 
 The NEi,4 of Section 34, Township 16, North, 
 Range 8 E. 3d P. M. as shown by the Land 
 book in the Recorder's office of Douglas 
 County, Illinois. 
 
 2. This number two is the first contract for the indi- 
 vidual ownership of the property and may be initiated from 
 many sources as noted in the succeeding chapter on "The 
 Title." After an entry man or his assignee has proved 
 up on his claim the Government issues a deed to the 
 legal holder (owner) of the land, and this government 
 deed is known as a land patent. It is executed for the 
 Government of the United States of America by the Pres- 
 ident and countersigned by the commissioner of the gen- 
 eral land office.
 
 144 LAND SURVEY AND LAND TITLES. 
 
 THE UNITED STATES OP AM- 
 ERICA, MARTIN VAN BUR- 
 EN, President 
 
 (3) to 
 
 ALOYSIUS J. WORMAN. * 
 
 Trans. Deed 1 Vol. 10, page 
 37. 
 
 Instrument Patent. 
 
 Dated April 22, 1840. 
 
 Recorded, May 16, 1906. 
 
 Consideration the grantee 
 being legal holder of certi- 
 ficate No. 41216. 
 
 CONVEYS : 
 
 The NE%, Sec. 34-16-8 E. 3d P. M. and other 
 land, in Douglas County, Illinois. 
 
 3. In this number it is shown recorded in a tran- 
 scribed record. Often a county is formed from territory 
 formerly in one or more older counties. All former rec- 
 ords and instruments affecting the title to the land in 
 the newly organized county are copied into the records 
 of the new county and these copied or transcribed records 
 are accepted as evidences of title in lieu of the original 
 record in the older district Yet if there is a discrepancy 
 the original record is acknowledged as the correct one. 
 
 4. It is to be noted that A. J. Worman was the entry- 
 man, Aloysius J. Worman, the patentee and A. John Wor- 
 man, the grantor in number 4. These may be the same 
 person but they should be harmonized by an affidavit of 
 some one who knows them the same.
 
 A SAMPLE ABSTRACT. 
 
 145 
 
 his 
 A. JOHN X WORMAN S , 
 
 mark 
 
 Effingham, Illinois 
 (Witness to mark: 
 C. E. BONNEB.) 
 (4) to 
 
 SAMUEL E. HEOE 
 Denver, Colorado. 
 
 Deed Vol. 12, page 95 
 Instrument Warranty deed. 
 Dated Jan. 1, 1854. 
 Recorded May 1, 1854; 
 Consideration $1500.00 
 Ack. Roy Church, N, P., 
 Arapahoe County, Colorado 
 
 CONVEYS : 
 
 The SWi/4 of the NE^4 Sec. 34-16-8 E., Doug- 
 las County, Illinois. 
 
 S. ERVIN HEGE and 
 MABEL HEGE, his wife, 
 Spokane, Washington, 
 (5) to 
 
 L. S. BOOTH, 
 Seattle, Washington. 
 
 Deed Vol. 14, page 342. 
 Instrument Warranty deed. 
 Dated Jan. 2, 1854. 
 Recorded Jan. 3, 1854; 
 Consideration, $2000.00. 
 Ack. A. T. Hastings, N. P. 
 Garfield County, Washington 
 
 CONVEYS : 
 
 The Sy 4 6 of the NB% Sec. 34-16-8 E. 3d P. M., 
 Douglas County, Illinois, and containing 40 
 acres more or less, according to the govern- 
 ment survey thereof. 
 
 5. At number four no wife joins with the grantor. This 
 will make no difference in some states but in others a 
 
 10
 
 146 LAND SURVEY AND LAND TITLES. 
 
 LAWRENCE S. BOOTH/ 
 Seattle, Washington, 
 (6) to 
 
 SAMUEL E. HEGE, 
 Spokane, Washington. 
 
 Mortgage Vol. 15, page 212. 
 
 Instrument Mortgage, 
 
 Dated Jan. 2, 1854. 
 
 Recorded Jan. 3, 1854. 
 
 To secure $1000, due Jan. 3, 
 1857, with int. at 7% an- 
 nually, being balance of 
 purchase 7 money due. 
 
 Ack. A. T. Hastings, N. P. 
 Garfield County Wash. 
 
 CONVEYS : 
 
 The SWi/4-NEii Sec. 34-16-8 E. 3d P. M. in 
 Douglas County, Illinois. 
 
 wife may have dower or homestead interest and yet in 
 some, she will have an inchoate or actual interest in the 
 fee. It must be established that he is a bachelor or wid- 
 ower, in order to answer this question. 
 
 Also, in number four the description is faulty in that 
 it is incomplete, the meridian is not given. But this may 
 well be presumed and passed owing to the fact it is stated 
 the land lies in Douglas County and all ranges in this 
 county "East" are referred to the third principal meridian. 
 
 6. The description in number five is faulty by the 
 omission of one word "West." This deed as it stands 
 would convey but one-half of the tract under considera- 
 tion and there is no way to determine if it is the error 
 in the original deed or error of the recorder. (Names, 
 see 4, ante.) 
 
 7. The mortgagor by name other than last grantee is 
 somewhat harmonized by the fact that this mortgage 
 states it is given for part of the purchase price and by 
 sequence of dates, etc. it assists to show intent of con- 
 veyance in number four but the mere intent cannot cor- 
 rect the error in description. Only a re-record of the cor- 
 rect original or the recording of a new deed can correct 
 the error in above desciption.
 
 A SAMPLE ABSTKACT. 147 
 
 S. E. HEGE, 
 Spokane, Washington, 
 (7) to 
 
 L. S. BOOTH. 
 
 Release Vol. 17, page 263 
 In strumen t Release , 
 ^ Dated Jan. 3, 1857. 
 Recorded Jan. 10, 1857 
 Ack. A. T. Hastings.N.P.Gar- 
 field County, Washington 
 
 CONVEYS : 
 
 Releases mortgage recorded in Vol. 15, page 
 212 of the mortgage records of Douglas 
 County, Illinois, dated Jan. 3, 1854, to se- 
 cure $1000. 
 
 L. S. BooTH, 8 ^ Miscellaneous Vol. 3, page 
 
 Seattle, Washington, 406. 
 
 (8) to > Power of Attorney; 
 
 CHARLES E. LAMBERT Dated May 6, 1860. 
 
 Rockville, Indiana. J Recorded June 4, 1863. 
 
 Grants power and authority to said second 
 party to contract, sell and convey SW^-NE 1 ^- 
 34-16-8 E. 3d P. M. in Douglas County, Illinois, 
 for such price and terms as he may deem best 
 and to execute any necessary conveyance to con- 
 vey interest of first party. Executed under 
 seal and ack. by A. J. Carmany, Judge of the 
 Superior Court of Los Angeles Co., California. 
 
 8. Same notation as in footnote 5.
 
 148 LAND SURVEY AND LAND TITLES. 
 
 LAWRENCE S. BOOTH by 
 CHARLES E. LAMBERT, his 
 
 attorney in fact' 
 (9) to 
 
 TAYLOR BROS., 
 Newman, Illinois. 
 
 Deed Volume 20, page 577. 
 Instrument Warranty deed, 
 Dated June 4, 1867. 
 Recorded July 12, 1869; 
 Consideration, $4500.00 
 Ack. W. M. Coval, N. P., 
 Marion County, Indiana. 
 
 CONVEYS : 
 
 The SW% of NE% Sec. 34-16-8 E. 3d P. M. 
 in Douglas County, Illinois. 
 
 Mortgage Vol. 24 page 279. 
 Instrument Mortgage. 
 Dated April 5, 1870. 
 Recorded April 5, 1870. 
 To secure $3000, due April 5, 
 
 1875, with int. at 5% semi- 
 
 annually 
 Ack. before W. H. Fry, N.P., 
 
 Douglas County, Illinois. 
 
 A. A. TAYLOR and 
 C. O. TAYLOR, Bachelors, 
 Newman, Illinois, ( 10 ) 
 (10) to 
 
 A. D. LANQWORTHY, 
 Chicago. 
 
 CONVEYS : 
 
 SW^-NEi/2-34-16-8 E. 3d P. M., in Douglas 
 County, Illinois. 
 
 9. Was Lawrence S. Booth living June 4, 1867? If he 
 had died prior to this date the power of attorney under 
 which this deed was executed had been cancelled by his 
 death, and the title had vested in his heirs or devisees. 
 
 10. It cannot be determined from the showings if the 
 grantors in number ten are all the members of the firm 
 of Taylor Bros, grantee at number nine. This fact must 
 be established. The grantees at number nine should have 
 been set out separately. An affidavit of some one who 
 knows all the members of the firm of Taylor Bros, is 
 perhaps the only evidence available in explanation.
 
 A SAMPLE ABSTRACT. 149 
 
 In the Circuit Court of Douglas County, Illinois, 
 At the October Term, A. D. 1872. In the 
 Matter of 
 
 A. D. LANGWORTHY 
 
 (11) vs. 
 
 A. A. TAYLOR 
 
 ANNIE TAYLOR ^Foreclosure." 
 
 JOSEPH TAYLOR Case No. 2475. 
 
 MILDRED TAYLOR 
 
 and FRANK PAGE. 
 
 Bill sworn to filed in said court May 10, 1872, 
 represents that A. A. Taylor and C. 0. Taylor 
 being indebted unto complainant in the sum of 
 $3000 did on April 5, 1870, by their mortgage 
 deed of that date convey to said complainant 
 the SW-NE-34, Tp. 16 N. E. 8 E. 3d P. M. That 
 said mortgage provided in case of default in 
 payment of interest when due or for nonpay- 
 ment of taxes, said debt would at option of said 
 mortgagee, become due and payable and said 
 
 11. This showing of the foreclosure is a very brief 
 exhibit. The regular procedure is to abstract the bill, 
 summons and service, decree to sell, report of sale, con- 
 firmation of report and deed. In some states a commis- 
 sioner executes the orders of the court while in others 
 it is the master in chancery and in a few the sheriff. 
 
 This and all court proceedings must be carefully con- 
 ducted or no title will be conveyed. If all parties inter- 
 ested are not properly notified or served with notice, any 
 decree rendered will not be binding as to those without 
 notice. In this case, the examiner knows that C. O. Taylor 
 had an adopted son, C. D. Taylor, who was not so served. 
 Hence it will be necessary to secure a quit claim deed 
 from him for his one-sixth interest.
 
 150 LAND SURVEY AND LAND TITLES. 
 
 mortgaged premises be foreclosed and sold. 
 And whereas the interest is past due and un- 
 paid since April 5, 1871, and said complainant 
 has declared said mortgage foreclosed and the 
 whole of said sum due. 
 
 It is also represented that since the execution 
 and delivery of said mortgage, one of the mort- 
 gagors, towit, C. 0. Taylor, has departed this 
 life intestate, leaving him surviving, his widow, 
 Annie Taylor, and his children, Joseph Taylor 
 and Mildred Taylor. That said children are 
 minors and have no legal guardian resident in 
 said state. That the estate of the said decedent 
 has not been administered. That Frank K. 
 Page is tenant on said premises whose lease 
 expires June 1, 2000. 
 
 Complainant prays that an account may be 
 taken under direction of the honorable court to 
 determine the amount due. That decree may 
 be entered ordering said defendants to pay 
 such amount found to be due and in default 
 thereof that said mortgaged premises or so 
 much as may be necessary, may be sold under 
 the direction of this court to satisfy said debt 
 and costs of this proceedings. That summons 
 may issue against each of said defendants. 
 
 Summons issued, returned and in files shows 
 service regular on each of said defendants. W. 
 Thomas Coleman, an attorney of record of said 
 court, filed answer as guardian ad litem, for 
 said infant defendants.
 
 A SAMPLE ABSTBACT. 151 
 
 Decree rendered at same term wherein the 
 court finds all defendants duly served; that 
 matters alleged in bill are true ; cause referred 
 to the Master who has filed report, and his re- 
 port approved. Court finds there is due said 
 complainant $3516.20. It is therefore ordered 
 and decreed that said defendants or some one 
 for them pay said sum together with attorney's 
 fee and costs of suit within twenty days from 
 filing of this decree and in case of default said 
 mortgaged premises are to be sold. The com- 
 missioner of said court shall make sale at pub- 
 lic outcry after giving notice of the time and 
 place as by law directed and report his acts to 
 the court at the present or next term hereof to 
 which time the cause stands continued. 
 
 C. E. BONNEB, Judge. 
 
 At March term of said court, A. D. 1873, comes 
 said commissioner and makes report that in 
 pursuance of decree and according to previous 
 notice given he did on November 1, 1872, make 
 sale of the SW%-NE% of Sec. 34-16-7 E. 3d P. 
 M. 12 to W. W. Skinner for $3600, he being the 
 highest and best bidder at said sale. Sale made 
 subject to equity of redemption as by law re- 
 quired. 
 
 12. Here it will be noticed that the commissioner sold 
 the wrong land, selling by his description a tract six miles 
 too far west. Therefore, no valid conveyance is made 
 unless further advertisement and another sale is had.
 
 152 LAND SURVEY AND LAND TITLES. 
 
 Decree confirming report of sale filed March 
 31, 1873, wherein the court finds sale made in 
 pursuance of terms of decree and according to 
 law. It is therefore decreed that if said prem- 
 ises so sold are not redeemed, as by law pro- 
 vided, that at the expiration of redemption pe- 
 riod the legal holder of the certificate of sale 
 will be entitled to a deed. 
 
 Deed Vol. 35, page 416. 
 
 RUDOLPH H. KAGEY, 
 
 Commissioner of Douglas 
 
 County, Illinois, 
 
 (12) to 
 
 R. K. SHEIXEDY, assignee 
 
 of W. W. SKINNEB 
 
 Commissioner's Deed. 
 Dated June 1, 1874. 
 Recorded June 1, 1874; 
 Consideration $3600. 
 Ack. before Fred L. Wright, 
 Clerk of the Circuit Court 
 
 of Douglas County, 111. 
 
 SW%-NE-34, Tp. 15 N., R. 8 E. 3d P. M. 13 
 
 R. K SHELLEDY, 1 _ 
 
 , o 4.^ I In Probate, 
 
 Death and Estate. 
 
 In the County Court of Edgar County, Illi- 
 nois, at October Term, A. D. 1874. In the mat- 
 ter of the Estate of K. K. Shelledy late of said 
 county, deceased. 
 
 13. Again a wrong description, six miles too far south, 
 and it will be necessary to get a new deed from the offi- 
 cer of the court, or that impossible owing to lapse of 
 time, a deed must be secured from A. A. Taylor, if living, 
 and if not, from the heirs of Taylor Bros. Or this failing, 
 a suit to quiet title must be employed, in either event 
 a costly procedure for the owner who had no abstract to 
 earlier discover and point out the defects. One cannot 
 rely on a court deed to make a good title; lawyers and 
 others are liable to err.
 
 A SAMPLE ABSTRACT. 153 
 
 Petition of H. L. Burgoyne sworn to and filed 
 October 10, 1874, represents that E. K. Shel- 
 ledy departed this life testate while sojourn- 
 ing in Egypt, on Sept. 1, 1874. That by the 
 last will of said decedent petitioner is nomi- 
 nated executor thereof and that he is willing to 
 undertake the office and trust confided in him 
 
 (NOTE. Heir ship is not given.) 
 
 Letters testamentary issued to said H. L. 
 Burgoyne, October 10, 1874. Publisher's certifi- 
 cate filed Dec. 5, 1874, shows notice had for ad- 
 justment day. 
 
 Inventory filed and approved Nov. 1, 1874, 
 lists SW-NE-34-16-8 E. 3d. P. M. in Douglas 
 County, Illinois, "title believed to be perfect 
 and clear of incumbrance" and land in the val- 
 ley of the Nile in Egypt. 
 
 Final report filed and approved June 1, 1876, 
 shows all claims against said estate paid and 
 said executor discharged. Files 102,013. 
 
 Last will and testament of B. K. Shelledy 
 proven in open court by H. C. Gerke and Cas- 
 per 0. Westermeyer the two attesting witnesses 
 thereto admitted to probate and recorded in 
 Will Becord 0, at page 100, recites as follows : 
 "In the Name of God, amen. 
 
 I, B. K. Shelledy, bachelor, gentleman, late 
 of Illinois, U. S. A., now of Blarney Castle, 
 County of Cork, Ireland, do make, publish and 
 declare this to be my last will and testament.
 
 154 LAND SURVEY AND LAND TITLES. 
 
 It is my will and I give and devise all my 
 worldly effects and estate, both real and per- 
 sonal, wherever situated and of every kind and 
 nature to my beloved friend, M. P. Bouslog of 
 New Orleans, Louisiana, U. S. A., save and ex- 
 cept any interest I may acquire in Egypt. 
 
 And I do hereby nominate and appoint H. L. 
 Burgoyne, executor of this my last will and tes- 
 tament and direct that he be not required to 
 give bond. 
 
 R. K. SHELLEDY (Seal). 14 
 Signed and sealed in the presence of us and 
 in the presence of each other, who at his re- 
 quest and in his presence, hereunto attach our 
 signatures as witnesses. 
 
 H. C. GERKE, 
 
 Edwards ville, Illinois. 
 CASPER 0. WESTERMEYER, 
 Dublin, Ireland. " 
 
 "1 Note. There Is no Probate 
 
 M4) t USL G L f tWS ertate n me r 
 
 f record in Douglas County, 
 Death and Estate. Illinois 
 
 14. Since the heirship of R. K. Shelledy is not shown 
 this must be determined in order to pass title to the 
 property, not devised by his will, to the proper persons. 
 In the inventory of this estate it is stated that the title 
 is "believed to be perfect," but from the foregoing notes 
 it will be observed there were many defects and in fact 
 he had no title, other than a squatter's title, or perhaps 
 better, a title by limitation.
 
 A SAMPLE ABSTRACT. 155 
 
 Miscellaneous Record 3, page 461. Filed Jan- 
 uary 4, 1879. 
 
 (15) AFFIDAVIT. 
 
 STATE OF MISSISSIPPI, ) 
 COUNTY OF JACKSON, ) 
 
 A. B. Marriott, upon affirmation, says he well 
 knew M. P. Bouslog during his lifetime. That 
 the said M. P. Bouslog departed this life intes- 
 tate, Dec. 1, 1876, leaving him surviving no 
 wife, but Olive P. Bouslog, his daughter. 15 
 That said deceased left him surviving no other 
 child or children nor descendants of deceased 
 child or children. 
 
 A. R. MOBBIOTT. 
 
 Subscribed and affirmed before me this 10th 
 day of January, A. D. 1877. 
 (SEAL) CARROLL D. JTJDSON, 
 
 Notary Public. 
 
 OLIVE P. BABBOTTB 1 Plat Book B ' page 47 ' 
 
 (IQ\ tn I Dedication of Plat 
 
 THE PUBLIC I Dated April 7 * 1880 ' 
 
 J Filed April 15, 1880. 
 
 A survey and subdivision of the 
 34-Tp. 16 N., E. 8 E., 3d P. M. was made April 7, 
 1880, by George Vaughan, the county surveyor 
 of Douglas County, Illinois, at the request of 
 Olive P. Barbour the owner of the land so plat- 
 
 is. The devisee of R. K. Shelledy leaves one child, and 
 his estate not being probated, title by descent rests on 
 the affidavit alone. This does not and cannot relieve the 
 property of any debts the decedent may have had.
 
 156 LAND SURVEY AND LAND TITLES. 
 
 ted, who on said date acknowledged said plat 
 to be known as the original town of Barbour- 
 ville, Illinois, and dedicated all streets, alleys 
 and parks to the use of the public forever. 
 
 In said plat lot number ten in block number 
 four appears of record. 
 
 Deed Vol. 65, page 126. 
 Warranty Deed. 
 Dated April 20, 1880. 
 Filed April 22, 1880. 
 Consideration $500. 
 Ack., W. H. Hardy, Jr., N. 
 P., Waukesha County, 
 
 OLIVE P. WHITCOMB M and 
 G. E. WHITCOMB, her hus- 
 band, 
 (17) to 
 
 WALTEB R. TAYLOR, Kala- 
 naazoo, Michigan. 
 
 Wis. 
 
 Conveys lot number ten (10) in block number 
 four (4) of the original town of Barbourville, 
 Illinois. Reserving a vendor's lien to secure 
 $250 balance of the purchase money. 
 
 It is also a condition of said conveyance that 
 no building be constructed nearer than twenty 
 feet of the street line of said lot. 
 
 CERTIFICATE." 
 
 STATE OF ILLINOIS, 
 
 QJQ 
 
 COUNTY OP DOUGLAS. 
 
 (General.) We hereby certify that the fore- 
 going abstract is a correct abstract of the title 
 
 16. Now it must be shown that Olive P. Bouslog, Bar- 
 bour and Whitcomb are the same person and that she has 
 no divorced husband who may have an interest in the 
 property. 
 
 17. The certificate of an abstract should be full and 
 conclusive. It is in this part of the abstract, where the 
 responsibility lies, and every abstractor should make his
 
 A SAMPLE ABSTRACT. 157 
 
 to the land described in the caption thereof; 
 that said abstract correctly shows all matters 
 affecting or relating to the said title which are 
 of record or on file in any of the public offices 
 of said county, including conveyances, deeds, 
 trust deeds, tax deeds, wills, contracts, mort- 
 gages (satisfied or unsatisfied), mechanics' or 
 other liens, attachments, certificates of levy, 
 suits pending or notice of Us pendens, special 
 proceedings and probate proceedings; that all 
 instruments are regular in form and signature, 
 are executed under seal, and all acknowledg- 
 ments are in conformity with the statutes, un- 
 less otherwise noted. 
 
 (Judgments.) We further certify that there 
 are no judgments or decrees of any courts, or 
 transcript of same, writs, returns or notices 
 of Us pendens therein registered, recorded, dock- 
 eted, or otherwise a matter of record in any of 
 the public offices of said county, rendered with- 
 in eight years last past against any parties 
 who have been record owners of said land dur- 
 ing said period, except as shown, to- wit: 
 
 M. P. Bouslog. Olive P. Whitcomb. 
 
 Olive P. Bouslog. G. E. Whitcomb. 
 
 Olive P. Barbour. Walter B. Taylor. 
 
 certificate complete In its statements covering all the 
 points set out. Few people fully appreciate the respon- 
 sibility under which an abstractor is placed or what wor- 
 ries and burdens are his.
 
 158 LAND SURVEY AND LAND TITLES. 
 
 (Bankruptcy.) We further certify that said 
 abstract also shows all bankruptcy proceedings 
 or certified copies of orders approving bonds 
 of trustees in bankruptcy proceedings, by or 
 against any party, who, within one year last 
 past has been an owner of record of said land, 
 which are on file or of record in said county. 
 
 (Taxes.) We further certify that we have 
 examined the tax judgment, tax sale, tax re- 
 demption and tax forfeiture records of said 
 county, and there are no unsatisfied tax judg- 
 ments unredeemed or uncancelled tax sales ex- 
 cept as shown, affecting the title to the land 
 hereinabove described within the four years 
 next preceding the date of this certificate, and 
 that the taxes for 1912 and prior years are 
 paid in full. Not certified as to special assess- 
 ments for improvements. All taxes for the 
 current year became a lien on April 1st, last. 
 
 This abstract consists of twelve pages and 
 seventeen items numbered from one to seven- 
 teen both inclusive, and examination begins with 
 date of entry from the United States Govern- 
 ment. 
 
 Dated at Tuscola, Illinois, this 1st day of 
 May, A. D. 1913, at 2 o'clock, p. M. 
 THE DOUGLAS COUNTY ABSTRACT & LOAN Co. 
 
 By C. C. KAGEY, Secretary. 
 (Corporate Seal)
 
 PART THREE. 
 
 This division explains the method of owner- 
 ship and the legal instruments employed in the 
 transfer of property rights in land. It deals 
 more with the legal and commercial part of land 
 transactions rather than with the mathematical 
 phases as did the preceding section. 
 
 (159)
 
 SUBJECTS OF THE THIRD DIVISION. 
 
 PAGE 
 
 Titles - 161 
 
 Alienation of Title - 172 
 
 Conveyancing by Individuals - - 181 
 
 Deeds - 189 
 
 Mortgages and Releases - 202 
 
 Estates Intestate - 212 
 
 Wills Estates Testate - - 223 
 
 Judicial Sales - - 231 
 
 Leaseholds and Minor Estates - 235 
 
 Adverse Titles - - 240 
 
 Land Values and Their Increase - - 246 
 
 Title Insurance and Guaranty Certificates 253 
 
 The Torrens System of Registration - 264 
 
 The Widow's Estate ... 275 
 
 (160)
 
 CHAPTER XVII. 
 
 TITLES. 
 
 "Titulus est justa causa possidendi id quod 
 nostrum est." A free translation of Lord 
 Coke's definition of title would be, The means 
 whereby the owner of lands has the just pos- 
 session of his property. 
 
 Titles are divided into two classes respect- 
 ing their source, original and derivative. Origi- 
 nal titles are those acquired either 
 tJ source, by (1) discovery, (2) occupancy, (3) 
 conquest, or (4) cession. From these 
 terms it will be seen that an original title can- 
 not be held by an individual but rests in a na- 
 tion. 
 
 (1) Formerly the mere discovery of land, 
 not subject to any civilized nation, was deemed 
 to vest the title to such lands in the nation whose 
 subject made such discovery. In later times 
 however the mere discovery without occupancy 
 will not create a title and the exploration, only, 
 gives the first right to occupy and assert title. 
 
 (2) It is held that occupancy to acquire title 
 must be effectual and a nation acquires title 
 only over such part of the new territory as it 
 may control by the influence of its settlements. 
 
 (161) 
 11
 
 162 LAND SURVEY AND LAND TITLES. 
 
 (3) Title by conquest arises where one na- 
 tion secures title to a district from another, by 
 force of arms. More often in recent years ti- 
 tles by conquest are confirmed by treaty and 
 all private titles are not disturbed. 
 
 (4) Titles by cession are all such as are 
 granted by one nation to another and may be 
 the result of conquest, purchase or exchange. 
 Thus are original titles derived, held and trans- 
 ferred. 
 
 Derivative titles are all not included as origi- 
 nal, and are such as may be held by an individ- 
 ual. They are acquired and transferred by two 
 methods only, either by (1) descent or by (2) 
 purchase. 
 
 (1) Where one receives title from a relative 
 who dies without a will he takes by descent. The 
 term comes from the Latin, "descenders id est, 
 loco superior ~e in inferior em movere," that is 
 when land after the death of the an- 
 methods of cestor, is cast by course of law upon 
 
 acquiring fo Q ne i rs which the law calls a de- 
 a title. 
 
 scent. This method is spoken of as 
 
 the worthiest means of acquiring title, because 
 it is wrought, by act of law and right of blood, 
 unto the worthiest and next of kindred of the 
 ancestors. 
 
 (2) Titles by purchase are all those acquired 
 by means other than by inheritance; the word 
 purchase is here used in a much broader sense
 
 TITLES. 163 
 
 than usually understood and must be distin- 
 guished from the idea of to buy. Titles by 
 purchase may be subdivided into two princi- 
 pal divisions, (a) by act of parties, and (b) by 
 operation of law. 
 
 (a) By act of parties are all titles conveyed 
 By grant, either public or private. Public 
 grant is the alienation of title belonging to 
 nation, state or municipality, to some individ- 
 ual or company, the conveyance of the state 
 or nation being known as a patent. Pri- 
 vate grant is a conveyance by deed from one 
 individual to another; these deeds may be 
 either voluntary or enforced. The first are such 
 as are made in pursuance of a contract or agree- 
 ment, while the involuntary deeds are such as 
 are made by order of court in suit of foreclos- 
 ure, etc. The private grant of an individual to 
 the public, is termed a dedication, and is such 
 as where a road, street or park is set aside for 
 use of the public. The private grant of one in- 
 dividual to another, to take effect at the death 
 of the grantor, is a will and is discussed in a 
 later chapter. 
 
 (b) Titles derived by operation of law are 
 classified under three general heads, (1) those 
 arising from natural causes, (2) those arising 
 from civil or political relations, (3) those titles 
 arising from public policy. 
 
 (1) Title to land arising from natural causes 
 is such as may be derived by action of the wa-
 
 164 LAND SURVEY AND LAND TITLES. 
 
 ters. Where there is an imperceptible addition 
 thereto caused by the washing of the sea, or the 
 deposit of a stream it is called accretion. 
 
 Where the land seems to rise as the waters 
 subside it is known as reliction, and in either 
 case the title to the new part thus formed be- 
 longs to the adjacent owner. Avulsion is the 
 sudden removal or deposit of land by action 
 of the water and title is not changed by this 
 method. 
 
 (2) Titles arising from civil or political re- 
 lations are considered under the heads of emi- 
 nent domain, escheat, confiscation and forfeit- 
 ure. Eminent domain is the right of a govern- 
 ment to take, or to authorize another to take 
 a property for public use but by giving the 
 owner compensation therefor. It is by this 
 right that, roads are often laid out, right of 
 way for railroads and canals are established, 
 when opposed by the individual owners. 
 
 Escheat is the right of a government to take 
 the property of an intestate who dies without 
 leaving any known heirs. Under such condi- 
 tion his property "escheats" to the state in 
 which he lives and is sold and the proceeds 
 are turned into the county treasury. 
 
 Confiscation is the right to take property of 
 the enemy in time of war and while usually 
 referred to personal property, yet a govern- 
 ment may apply it to land.
 
 TITLES. 165 
 
 Forfeiture is the term used where the prop- 
 erty of an individual inures to the state by rea- 
 son of neglect of some duty, more often for the 
 nonpayment of taxes. Forfeiture for nonpay- 
 ment of tax is based on the theory that every 
 land owner will assist in his proportion to bear 
 the common burden of public expense, and when 
 he neglects or refuses so to do, Ms land is sold ; 
 and when there is no other bidder the state is 
 always ready to buy. Titles based on tax sales 
 are very unstable as most of the state laws re- 
 quire a holder of such to reconvey on his reim- 
 bursement of the amount spent together with 
 interest and costs. 
 
 (3) Titles arising from public policy are such 
 as arise by prescription or limitation; that is, 
 the title is acquired by occupancy for a certain 
 period even though its inception was without 
 permission. To secure a title by this method, 
 the occupancy must have been open, notorious, 
 continuous, adverse and hostile to all the world, 
 and for a period provided by the statute of lim- 
 itations. The occupancy of limitation, however, 
 need not be complete in one person but may be 
 assigned, or inherited and the sum of the sev- 
 eral periods of ownership may be added to- 
 gether to establish a bar against the real owner, 
 but this occupancy must at all times amount to 
 a complete disseizin of the property as against 
 the original owner or his assigns.
 
 166 LAND SURVEY AND LAND TITLES. 
 
 The foregoing outline will enable the reader 
 to understand the nature of a title as well as 
 the transfer; the means whereby the transfers 
 are accomplished will be discussed in separate 
 and subsequent chapters. Above, the title was 
 considered with reference to its source; in ad- 
 dition to this titles are also discussed with ref- 
 erence to their completeness and validity, and 
 are divided into two classes perfect and im- 
 paired. 
 
 The terms, perfect abstract, perfect title, 
 merchantable abstract, merchantable title, good 
 abstract, good title, bad abstract and bad title 
 are much in common use though not always 
 understood. 
 
 Having in a previous chapter distinguished 
 the difference between the abstract and the 
 title, these terms may be understood separately. 
 It may also be realized that a good abstract 
 may disclose a bad title, and sometimes a good 
 title is poorly set out in a bad abstract. 
 
 There are few or no perfect titles or perfect 
 abstracts and in fact all of either may better be 
 classified as otherwise; impaired is the term 
 usually applied to a title when there is one or 
 more defects some where in the chain of convey- 
 ances. 
 
 Merchantable titles have been defined as such 
 that any reasonably careful investor might be 
 justified in accepting while if every conveyance
 
 TITLES. 167 
 
 is complete, regular and accurate 
 
 merchantable fr m the United StateS Govern- 
 title. ment to the present owner, the title 
 
 is said to be a perfect title of rec- 
 ord. That is, if every deed of transfer from 
 the source of title to the present owner is cor- 
 rectly given of record; if every mortgage or 
 other lien, is regularly released ; if every estate 
 is fully probated in the county where the land 
 is located; if every legal action is completed 
 in regular order, then it may be said every link 
 in the chain of title is complete and it is a per- 
 fect record title. Perfect record titles are rare 
 and the impaired title is more commonly spoken 
 of as a bad title, yet such a term is a vulgarism. 
 
 In England the source of title is in the crown, 
 while in the United States it is in the Govern- 
 ment, the sovereignty of the people. This was 
 so established by the adoption of the Constitu- 
 tion, the colonies having renounced the sover- 
 eignty of the king in the Declaration of Inde- 
 pendence. 
 
 It is a fact however, that every owner of a 
 property or holder of a title in the United 
 States, holds it only under the implied liability 
 that it may be controlled by the state wherein it 
 is located, to such an extent that the enjoyment 
 of others in their rights of property will not be 
 disturbed; and also subject to such laws as may 
 direct the mode of conveyance, descent, dower,
 
 168 LAND SURVEY AND LAND TITLES. 
 
 or any other rights arising from any domestic 
 or commercial relation. 
 
 The highest estate a person can possesses in 
 a title is called the fee, while other or lesser es- 
 tates are such as estates for life, for 
 The fee. 
 
 term of years, at will, by sufferance, 
 etc. Such minor estates are called Chattels Real. 
 
 Estates are also classed as to the time of their 
 enjoyment as estates in possession and estates 
 in expectancy, while the latter are further di- 
 vided into future estates and estates by rever- 
 sion. A future estate preceded by some par- 
 ticular estate is called a Eemainder, and a re- 
 mainder is also vested or contingent according 
 to the existence of some person to enjoy the 
 same immediately at the time of its investment 
 or by the event or person remaining uncertain. 
 
 An estate for a term of years consists of 
 life estate, leasehold, etc., and usually termi- 
 nates by lapse of time and its own 
 limitation, or by surrender of the 
 rights by the beneficiary to the bene- 
 factor; or if the beneficiary also acquires the 
 fee it is said to merge into the fee or larger 
 estate. 
 
 When the title to land is transferred forever 
 the fee is said to be passed and vest in the new 
 owner; but when the title is transferred for a 
 shorter or definite period of time this fee may 
 remain in the grantor who will transfer it to
 
 TITLES. 169 
 
 another who may not receive the benefits of the 
 property until the lesser estate is completed. 
 
 For example : A., owning a farm, deeds it to 
 his wife, "during her lifetime and at her death 
 the remainder is to pass to his son, William," 
 who at the time of the deed is a lad ten years 
 old. Mrs. A. here receives only an estate for 
 life while the fee passed at the same time to 
 the son. Hence this fee is the important thing 
 to locate and to guard since it controls the place 
 of title, though not always does it control the 
 receipt of profits for a time. 
 
 An easement is the right of an owner of land 
 to enjoy the use of adjoining land or building 
 and such claim must be founded on an instru- 
 ment of writing. 
 
 Color of title is acquired by a conveyance 
 purporting to pass the legal title and though 
 the grantor has no title to convey, the posses- 
 sion under such a deed for the statutory limit of 
 years may give a perfect title under the law, 
 and though such possession may be by differ- 
 ent persons, their united terms are sufficient. 
 Such a method is called tacking. 
 
 After a title has been granted by the United 
 States Government, it is then governed by the 
 laws of the state wherein the land is located. 
 
 Title in our United States arises from the 
 grant of the United States Government, unless 
 acquired from some state prior to the forma-
 
 170 LAND SURVEY AND LAND TITLES. 
 
 tion of the Union (see acts 1787), or from a 
 grant of some foreign power prior to the Rev- 
 olution. 
 
 When granted by the United States a proper 
 entry in regular form entitles the entryman to 
 a patent, and the right of patent once vested 
 is equivalent, as respects the United States 
 Government to a patent issued; yet nothing 
 passes a perfect title but the patent, and no 
 limitation runs against the state or against the 
 United States. 
 
 The United States Government grants title 
 to lands under various names, and in return for 
 different rewards. (See Chapter VI.) It also 
 grants title under tree claims, desert or swamp 
 land acts, in exchange for state lands, to estab- 
 lish public school funds, to encourage railroads 
 or highways, for personal service, etc., and the 
 root of all titles begins with the Government. 
 
 A grant of land by statute is the highest form 
 of title known. A legislative grant by a state 
 is an executed contract and a grant by con- 
 gress to a state cannot be recalled at the will of 
 congress any more than the grant from one in- 
 dividual to another. 
 
 The term patent when applied to real prop- 
 erty, means the title deed by which the United 
 States or a state conveys its estate or 
 lands. A patent is conclusive against 
 the government issuing it, and un-
 
 TITLES. 171 
 
 like a deed the delivery of a patent is not re- 
 quired to pass title. Patents are not so re- 
 stricted as deeds, yet they must be signed by 
 the executive or his regularly appointed secre- 
 tary, countersigned by the recorder of the gen- 
 eral land office and have the seal of said office 
 duly affixed. The record of a defective patent 
 or the defective record of a correct patent will 
 not pass title. 
 
 SUGGESTION. Visit the office of your ab- 
 stracter and inspect some of the old Govern- 
 ment land patents he has on file.
 
 CHAPTER XVIII. 
 
 ALIENATION OF TITLE. 
 
 In a previous chapter of the Feudal system 
 of land tenure in England (see chapter, "Ori- 
 gin of Land Ownership") was introduced but 
 this method of ownership was of the state rather 
 than of the individual, nor did the theory of 
 separate possession from the crown obtain until 
 the reign of Charles II. In the United States, 
 however, it has always been the idea that the 
 great expanse of territory, known as the public 
 domain, was for the benefit of the people, and 
 it has been parceled out to them by 
 The great our government from the earliest or- 
 pubiic ganization. And it has also been 
 
 the idea to preserve the natural ad- 
 vantages of agriculture, mining, etc., to the ben- 
 efit of the individual rather than to grant con- 
 trol to large corporations. It has also been the 
 intention of our government to allot the sepa- 
 rate portions to individuals in return for some 
 service rendered it or for a recompense of the 
 individual having made some improvement to- 
 ward making use of the district for settlement. 
 
 First of all, it should be observed how our 
 United States territory has been enlarged by 
 
 (172)
 
 ALIENATION OF TITLE. 173 
 
 the acquisition of land, and as stated in the 
 previous chapter such titles are considered 
 original titles. 
 
 By the Declaration of Independence, our ti- 
 tles, public and private, were severed from the 
 British crown and on the adoption of our Con- 
 stitution were vested in our Government over 
 such territory as we had control. 
 
 The territory belonging to the United States 
 has been greatly enlarged and in fact more 
 than doubled since the organization of the Na- 
 tion. (See figure VII.) 
 
 The first and greatest acquisition was of the 
 territory secured by the Louisiana Purchase, in 
 1803. Thus at one time was our country almost 
 doubled in size, and its resources increased in 
 a larger amount for its people. Another and 
 almost equal addition of territory came when 
 Texas was added to the Union in 1845. By 
 treaty we added the district west of the moun- 
 tains and north of California in 1846. By 
 treaty with Mexico, in 1848, another immense 
 expanse of territory and untold wealth in mines 
 and lumber was received. By purchase and 
 otherwise our territory has been further ex- 
 tended in the acquisition of Florida, the Gads- 
 den Purchase, Alaska and our insular posses- 
 sions, until we can almost say that the sun never 
 sets on the United States. 
 
 But with all the enlargement of our domain 
 it has been for the benefit of its subjects and
 
 174 LAND SURVEY AND LAND TITLES. 
 
 they are the ones who have profited thereby. 
 By the several acts of Congress individuals 
 may receive separate parcels of land as their 
 own, to keep, to enjoy and to transfer one to 
 the other in exchange as may best suit them. 
 
 One of the simplest methods of securing land 
 from our Government is by the Homestead Act, 
 in operation since 1850. When an individual 
 will move to a district to be settled and signify 
 his intention of making it his home 
 homestead. an ^ w ^ a 1 " 66 to make sufficient im- 
 
 provements for living there and does 
 remain the short space of from eighteen months 
 to three years, the United States will make him 
 a deed to the property, in return for his hav- 
 ing established a new homestead. This is done 
 to encourage the settlement of new territory, 
 and to assist families in procuring homes. If 
 the settler located in a prairie district and 
 would also set out a grove of sufficient size he 
 could have an additional quarter section as a 
 Tree claim. 
 
 Again if the dry lands were watered by 
 ditches and dikes, so that vegetation would grow 
 and the territory could be made habitable, the 
 land is granted under what is known as the 
 Desert Land Act. 
 
 Thus by either of the last two methods, acres 
 of semiarid and dry wastes have been reclaimed 
 and are now rich agricultural districts.
 
 ALIENATION OF TITLE. 175 
 
 As opposed to irrigation is the drainage to 
 get the water off, and immense bodies of land 
 once occupied as swamps, lakes and bogs 
 are now our most prosperous communities. The 
 selection and improvement of our wet lands 
 has been accomplished by means of the Swamp 
 Land Act and many a land owner has profited 
 thereby. 
 
 To encourage settlements and to partly repay 
 its soldiers for services rendered, our Govern- 
 ment has followed a custom of allowing all sol- 
 diers an order for a quarter section of land. 
 These orders were issued for service in the War 
 of 1812, the Civil War, the Spanish American 
 War, etc., and any soldier so receiving such 
 order could lay claim to land belonging to the 
 United States not previously entered by an- 
 other. 
 
 These orders were called land warrants and if 
 the soldier did not himself desire to use it to 
 locate a farm he could sell and assign it to any 
 one else and his assignee could then secure all 
 the benefit thereunder. There is considerable 
 of this script yet outstanding unlocated, and 
 some of it is very valuable. 
 
 To encourage education and assist in the sup- 
 port of educational work the United States Con- 
 gress, in 1787, enacted a law providing that in 
 all territories and states organized subsequent 
 to that date, section number sixteen (16) in
 
 176 LAND SURVEY AND LAND TITLES. 
 
 each and every township should be reserved for 
 the use of the inhabitants of that township for 
 the benefit of their public schools. In 1848 a 
 second act was passed granting also section 
 thirty-six (36) for the same purpose and under 
 the same condition. On the organization of a 
 territory the authorities, school commissioner 
 or if under county organization, the school trus- 
 tees, would either rent or sell the school lands 
 and invest the proceeds of the sale in interest 
 bearing securities so that the original fund 
 would remain intact and the income would be 
 applied to the purpose for which the act was 
 created. 
 
 Again, to encourage the improvement of the 
 interior, Congress has from time to time ap- 
 propriated or donated vast areas of land to 
 individuals and corporations who would build 
 canals or railroads and provide means of trans- 
 portation from one part of the coun- 
 
 Railroad try to the other> The building of 
 
 the Illinois Central Railroad was 
 thus made possible, this company securing all 
 even numbered sections for a distance of nine 
 miles on each side of its road. And if any of 
 these sections had been previously homesteaded 
 or entered by some one, the company could se- 
 lect lands equivalent for a further distance of 
 six miles. The construction of the Union Pa- 
 cific Railroad across the vast western plain was
 
 ALIENATION OF TITLE. 177 
 
 made possible by this liberal assistance. Many 
 other roads have been thus assisted. Having 
 so much land given them, but always in alter- 
 nate sections, they, the railroads, could sell the 
 same and derive funds to assist in building the 
 road and at the same time the road would help 
 settlers move into the new country and develop 
 it. 
 
 Congress has also from time to time made lib- 
 eral grants of land to individuals for some spe- 
 cific service rendered, usually of a military na- 
 ture in defense of outposts ; or for the more of- 
 fensive work, that of exploration and discovery 
 into the unsettled and newer parts of our ter- 
 ritory. Thus will be found many private grants 
 throughout the United States, and these being 
 surveyed and allotted prior to establishing the 
 common rectangular system of survey, remain 
 
 visible to the present day. They 
 grants 6 were usually surveyed irrespective 
 
 of any definite direction and their 
 boundary lines extended in any direction of the 
 compass. When the later survey of townships 
 and sections is made these old private sur- 
 veys remain and their lines cut the meridians 
 and parallels at any angle. This is noted in 
 the map of Illinois where the ' ' four o 'clock me- 
 ridian" runs diagonally across the southeast- 
 ern portion of the state marking one side of 
 the Harrison Purchase. 
 12
 
 178 LAND SURVEY AND LAND TITLES. 
 
 As indicated above no right is secured by an 
 individual in the public land until it has been 
 surveyed into its legal divisions, and by procla- 
 mation of the President is brought into the 
 market. In early times, however, immigration 
 often advanced beyond such surveys and proc- 
 lamations, and hundreds of settlers had made 
 invasion and established homes in the frontier 
 long before the district was opened to settle- 
 ment, or prior to its survey into sections. In 
 many cases they had made valuable improve- 
 ments and brought the land under cultivation. 
 When then the lands were opened for sale, these 
 improved places would bring such a price that 
 the poor settler who had worked so hard to 
 make the improvements would be unable to pur- 
 chase it in competition and the farms would fall 
 into the hands of speculators. To remedy this 
 evil a pre-emption system was adopted by our 
 Government. 
 
 A pre-emption claim confers upon the set- 
 tler the first right to purchase a tract he may 
 have improved but such intention to file this 
 claim must be made within a stated time (by 
 Act of May 30, 1862, three months), after the 
 district is regularly opened for settlement. The 
 failure of making such filing has more than once 
 cost a settler his home as well as the mistake 
 of a misdescription in making the claim. One 
 of the first laws on the subject enacted May,
 
 ALIENATION OF TITLE. 179 
 
 1800, allowed pre-emptions in the country north- 
 west of the Ohio Eiver. These laws have been 
 supplemented from time to time until the Act 
 of March 3, 1853, which superseded all previous 
 laws and now constitutes the general laws of 
 pre-emption. 1 
 
 It has also been the rule and in fact one sec- 
 tion of the law so states, that no transfer of a 
 claim is valid prior to completion of the title; 
 that is, no right of sale accrues until the dis- 
 trict is opened for settlement and claim is filed 
 and proved. 
 
 Congress also passed laws allowing a quarter 
 section to a settler able to bear arms who would 
 move into the unsettled country and establish 
 a home. This was under the Donation Act and 
 particularly applied to Flordia, Oregon terri- 
 tory and the Territory of New Mexico, but it 
 expired in 1855. 
 
 Thus, to summarize, land is acquired, or ti- 
 tle is alienated by homestead, tree claim, Desert 
 Land Act, Swamp Land Act, land warrant, 
 school land, internal improvement, private 
 claim, pre-emption, donation and purchase. By 
 
 1. Prior to 1841 the laws passed did not encourage set- 
 tlement in the public lands before they had been made 
 ready by survey; in fact the legislation had been merely 
 as relief measures by which trespasses were excused. The 
 later acts, however, gave a preference in purchase to those 
 who had made settlements in advance to file claims of 
 first right to buy.
 
 180 LAND SUEVEY AND LAND TITLES. 
 
 any of the above methods could the individual 
 acquire title from the Government and thus es- 
 tablish an estate of inheritance or private own- 
 ership. 2 
 
 SUGGESTION. Visit your abstracter and see in 
 what manner the lands of your county were ac- 
 quired. 
 
 2. Individual ownership of claims in territory acquired 
 by the United States, were confirmed in the owners and 
 the source of title to such tracts is in the original gov- 
 ernment of the district. Especially is this condition met 
 in Texas, California, Florida and some parts of Missouri.
 
 CHAPTER XIX. 
 
 CONVEYANCING BY INDIVIDUALS. 
 
 In the preceding chapters the conveying of 
 title to land between nations and the alienation 
 of land by a nation to the individual has been 
 discussed. The conveyancing between nations 
 was accomplished by treaty, or by 
 Conveyancing legislation; from Nation to indi- 
 
 and g by ernment vidual b ? enactment of the Gov- 
 individuais. eminent and by the President for 
 the Government. Conveyancing 
 between individuals is by acts voluntary or in- 
 voluntary of the parties themselves, in the first 
 place by purchase, in the second place by oper- 
 ation of law. (See chapter XVII.) 
 
 As noted heretofore the first record of a con- 
 veyance between individuals is found in the 
 twenty-third chapter of Genesis and was accom- 
 plished with much ceremony. But the purchase 
 price is fully set out, the parties are distinctly 
 named and the property conveyed as fully de- 
 scribed as in many conveyances of more mod- 
 ern times. For we read in the record, "And 
 Abraham weighed to Ephron the silver which 
 he had named in the audience of the children 
 of Heth, four hundred shekels of silver, current 
 
 (181)
 
 182 LAND SURVEY AND LAND TITLES. 
 
 money with the merchant. So the field of Eph- 
 ron which was in Machpelah, which was before 
 Mamre, the field and the cave which was there- 
 in, and all the trees which were in the field, that 
 were in all the border thereof round about, were 
 made sure unto Abraham for a possession, in 
 the presence of the children of Heth." 
 
 In the above transaction there is every item of 
 sale, the offer and the acceptance constituting 
 the contract, the payment of the purchase price 
 and the delivery of the property sold. This was 
 accomplished by witnessing the transaction and 
 in near conformity to the more modern livery 
 of seizen, 1 putting the vendor in visible posses- 
 sion. While possibly nothing passed from one 
 to the other in the nature of a deed, yet it was 
 enacted of them as the deed of each and his- 
 tory has made a record of the transaction. 
 
 The idea of transferring one's right or title 
 in land, to another is modern in its nature. In 
 
 1. Livery of seizen was the actual putting in posses- 
 sion of the vendee by the vendor, and was accomplished 
 with much ceremony under the common law. It was an 
 ancient English custom and is now obsolete. By it the 
 purchaser was said to be seized of the property by actual 
 delivery; in one form the seller took a key, unlocked 
 the door of the house sold, handed the key to the pur- 
 chaser who then went inside and locked the door, all being 
 done before witnesses. In modern times the sale is ac- 
 complished with much less ceremony and the new owner 
 is "seized" of the premises when he has been delivered 
 his deed.
 
 CONVEYANCING BY INDIVIDUALS. 183 
 
 England it did not prevail until after the cus- 
 tom of feudal tenure, and in America it arose 
 with the adoption of our Constitution. And as 
 well, the quantity of the transfer has been a 
 growth, not as to the extent of acres, but as to 
 the nature of the estate or interest in the prop- 
 erty conveyed. At first only the use of the land 
 for one's lifetime could be transferred while 
 now, in our own country at least, almost any 
 degree of ownership may be transferred. 
 
 These degrees of interest in real property are 
 classified: (A) With respect to quantity of in- 
 terest. (B) With respect to time of their en- 
 joyment. (C) With respect to the number own- 
 ing. (D) With respect to the manner of their 
 enjoyment. 
 
 A. The interest one conveys or receives with 
 reference to its entirety amounts (1) To an 
 estate of freehold and (2) To an estate less 
 than Freehold. 
 
 1. Freeholds are further divided into (I) 
 Estates of inheritance or in fee, and (II) Es- 
 tates not inheritable or estates for life. 
 
 I. An estate in fee is regarded as the high- 
 est estate or absolute ownership. This estate 
 is one which can be conveyed in every particu- 
 lar and one which will pass by inheritance. It 
 is commonly mentioned in American titles as a 
 fee simple, but the latter word adds nothing to 
 its value.
 
 184 LAND SUBVEY AND LAND TITLES. 
 
 II. Estates for life, are estate of enjoyment 
 during the life or lives of some particular per- 
 son or persons or to the time of occurrence or 
 nonoccurrence of some particular event. 
 
 An estate for life may be granted one person 
 during his lifetime or during the life of another, 
 and his rights will cease on the death of the 
 one mentioned. He may convey any right he 
 possesses or for a certain time, subject of course 
 to the termination of the estate as originally 
 stated. Such an estate carries the benefits and 
 profits of the lands during the term conveyed. 
 
 Estates for life, conveyed by law, are such as 
 the homestead and dower. 
 
 The homestead is the interest of the surviv- 
 ing spouse and minor children in the home oc- 
 cupied at the death of the deceased owner (fa- 
 ther or mother), and the right to re- 
 Th e tain the same during the minority of 
 
 homestead i -i i -i n TP 
 
 interest. & n y child during the remaining lite 
 of the surviving father (or mother). 
 Dower is the right of a part of the lands of 
 which the husband (or wife) died seized during 
 the remaining life of the survivor, and is in ad- 
 dition to the homestead right. These rights are 
 regulated, however, by the laws of the several 
 states and no exact rule may be given. They 
 are more fully considered in a subsequent chap- 
 ter on estates of inheritance. 
 
 2. Estates less than freeholds are such as 
 one created for a definite term of years, and
 
 CONVEYANCING BY INDIVIDUALS. 185 
 
 more commonly understood as lease holds, and 
 the owner of such an estate is termed a tenant. 
 Such a conveyance confers no ownership of the 
 soil but a mere right of possession or profit 
 therefrom. This estate is terminated by its own 
 limitation, by surrender, by forfeiture in viola- 
 tion of some condition or by the holder acquir- 
 ing the fee, when it is said to merge. This in- 
 terest cannot be reconveyed to another unless 
 by express agreement with the first grantor, 
 and the extent of the estate is controlled by the 
 first agreement. Though usually for one year 
 or a shorter period, often it is extended for a 
 term of years, in cities for ninety-nine years, 
 and there seems to be no legal restriction for 
 making it a longer period. 
 
 B. With reference to their times of enjoy- 
 ment, conveyances are classified as estates in 
 possession or estate in expectancy. Estates in 
 possession are such as the tenant owner has a 
 right to enjoy at once, while the estate in ex- 
 pectancy is to be possessed and enjoyed at some 
 future time and is known as a remainder or re- 
 version. Thus if A. granted a property to B. 
 for ten years and after that time to C. with the 
 further condition that if C. moved out of the 
 state, before the death of A., it should revert to 
 A. B. has the estate in possession, C. has a 
 remainder in expectancy, while A. has a rever- 
 sion in expectancy.
 
 186 LAND SURVEY AND LAND TITLES. 
 
 Or if A. conveys to B. for his life time only, B. 
 has the estate in possession while A. has an 
 estate in reversion and in expectancy. 
 
 C. With reference to the number owning a 
 property, estates are in (1) several ty, (2) joint 
 tenancy, or (3) tenants in common. 
 
 1. In the first place all the ownership is in 
 one individual. 
 
 2. In joint tenancy, it is the theory that 
 where a property is owned by two or more and 
 one owner dies his surviving owner, or tenant 
 in common acquires his share to the exclusion 
 of the heirs of the decedent. That is, all own- 
 ership passes to the surviving partner. But 
 the fact that a deed is made to the husband and 
 wife jointly as grantees will not give the sur- 
 vivor at the death of either the whole title, un- 
 less the deed is drawn to convey it to them as 
 joint tenants; or except the laws of inheritance 
 of the state, wherein the land is located, would 
 transfer the title to the survivor by inheritance. 
 The mere fact of it reading to the husband and 
 wife together will not guarantee the whole title 
 to the survivor at all. 
 
 3. Tenants in common possess an estate 
 owned by several, each with an individual in- 
 terest, but not separated or set apart to each 
 of them. On the death of an ancestor the heirs 
 are said to receive their estate of inheritance 
 as tenants in common.
 
 CONVEYANCING BY INDIVIDUALS. 187 
 
 D. With respect to their manner of enjoy- 
 ment they are either absolute or on condition. 
 An absolute estate, as the term implies, is a 
 conveyance without restriction while an estate 
 on conditions is one which may be defeated. 
 That is, where A. conveys to B. a lot condi- 
 tioned that no building be erected within thirty 
 feet of the street line, if the condition were 
 violated it might work a forfeiture of the title. 
 
 The foregoing brief review of the various es- 
 tates to be conveyed by one indi- 
 Getwhat vidual to another will serve to intro- 
 you buy. duce the reader to the many degrees 
 of ownership to be enjoyed, and it is 
 well for every purchaser to see that he gets the 
 estate he bargained for; of times a purchaser 
 has bought a fee simple title and had a life 
 estate only conveyed to him. Too great care 
 cannot be exercised, because many times the es- 
 tate conveyed is restricted when not intended 
 so to be. 
 
 Conveyances by individuals are effected by 
 their own voluntary acts during life, by means 
 of instruments of writing called deeds. There 
 are commonly three varieties of deeds, war- 
 ranty, special warranty and quit claim deeds, 
 and these will be discussed at greater length 
 in the next chapter. A will is also the convey- 
 ance of an individual to become operative at his
 
 188 LAND SURVEY AND LAND TITLES. 
 
 death, but it is the deed of a live man and not 
 of the dead as is so commonly understood. 
 
 A person can convey almost any degree of 
 an estate and great care should be exercised 
 to scrutinize all conveyances to see that each 
 conveys just what is desired and no more. 
 There are other minor estates not discussed 
 above, and if the student desires he may read 
 some more exhaustive treatise on the subject, 
 but the ones herein mentioned are the ones com- 
 monly met with in American titles. The above 
 are also the voluntary conveyances by parties ; 
 the involuntary will be explained in the suc- 
 ceeding chapter on judicial sales. 
 
 In all voluntary conveyances there are cer- 
 tain necessary steps to be considered, but here 
 they are only suggested; the offer, the accept- 
 ance, the transfer, the payment of the consid- 
 eration and the receipt of the evidence of trans- 
 fer, or the deed. 
 
 SUGGESTION. Visit the office of your abstract- 
 er and ask to see a deed that does not convey 
 a fee, or one that retains a life estate.
 
 CHAPTER XX. 
 
 DEEDS. 1 
 
 A deed of conveyance as commonly under- 
 stood is that instrument of writing which, shows 
 by its statements that the ownership of a prop- 
 erty has been transferred from one party to 
 another. The name deed is an inheritance from 
 usage, because it is said to be the witness to 
 the act or deed of the parties. 
 
 There are several requisite or operative parts 
 to every deed, chief of which are these: 
 
 1. The grantor or grantors and character in 
 
 which he or they act. 
 
 2. The grantee or grantees and character in 
 
 which he or they act. 
 
 3. The nature or kind of a deed. 
 
 4. The date of its execution. 
 
 5. The date of its delivery. 
 
 6. The date of filing for record. 
 
 7. The amount of the consideration or induce- 
 
 ment. 
 
 8. The operative words of grant, inheritance 
 
 or limitation. 
 
 1. Forms of deeds are shown in the back part of this 
 volume. 
 
 (189)
 
 190 LAND SURVEY AND LAND TITLES. 
 
 9. The legal description of the property con- 
 veyed. 
 
 10. The special recitals following description, 
 
 if any. 
 
 11. The habendum clause. 
 
 12. The signatures of the parties grantors. 
 
 13. The certificate of the acknowledging offi- 
 
 cer. 
 
 14. The affixing of the revenue stamp, if re- 
 
 quired. 
 
 1. A deed must have parties both grantor 
 and grantee and each of them need to be scru- 
 tinized carefully. The legal capacity of the 
 grantor is the most important factor in every 
 deed. The grantor, termed party of the first 
 part, is he who conveys the property, and he 
 must be free of any legal disability at time of 
 executing the instrument, or the conveyance is 
 void. The grantor is also termed the vendor or 
 the seller, and if he is married, in most states, 
 the wife (or husband), must join in the convey- 
 ance to complete it. It is not necessary to the 
 validity of the conveyance that the post office 
 address of the grantor be shown, but when 
 given it ofttimes helps to identify him as a for- 
 mer grantee where there is a variation in the 
 spelling of the name. It should also be the care 
 to give the name the same as the last grantee 
 where it is the same party. This will avoid con- 
 fusion as noted at numbers three and four of 
 chapter XIV.
 
 DEEDS. 191 
 
 2. What is said of the grantor, is applicable 
 
 in most cases to the grantee, party 
 Special of the second part, the vendee or the 
 note S in a purchaser. A deed "to the heirs 
 deed. of " a living person conveys no title. 
 
 A deed to a person dead prior to its 
 execution is void. There must be a definite gran- 
 tee; but natural disability such as lunacy, in- 
 fancy or coverture will be no bar to the convey- 
 ance to them as grantee, though none such could 
 be grantor until the removal of the disability. 
 A deed executed in blank and the name of the 
 grantee afterwards written in, will convey no 
 title, and the acceptance of such a deed know- 
 ingly is dangerous. 1 
 
 3. The nature of the deed should be stated 
 in order to determine the extent of the estate 
 sought to be conveyed. A warranty deed un- 
 restricted conveys the entire estate and will 
 estop the grantor from another conveyance 
 should he not possess the title to the property 
 conveyed at the time of its execution, but later 
 acquire it. In other words it is said to convey 
 a future as well as present interest. There are 
 
 1. A deed was made by Hutchings to Saunders. The 
 name of the grantee was inserted after the deed was exe- 
 cuted and acknowledged by the grantor, and the court 
 held that the deed was void. 
 
 There must be in every valid deed a grantor, a grantee 
 and a thing granted and in this instance the essential 
 of a grantee was lacking. (Chase v. Palmer, 29 111. 306.)
 
 192 LAND SUEVEY AND LAND TITLES. 
 
 three common forms of deeds, the general war- 
 ranty, the special warranty and the quit claim. 
 
 The warranty deed as first mentioned above 
 is a guaranty by the grantor to the grantee for 
 any loss he may sustain on account of defect 
 in title, and is good so long as the guarantor 
 is solvent. But it is a very bad practice to re- 
 ly entirely on a warranty deed because in fact 
 it cannot make a title good; and the grantor 
 may die or become insolvent the next day after 
 executing the deed and his warranty become 
 worthless. And, too, if the title of the grantee 
 is attacked he must defend it and unless he 
 loses the case, he cannot turn to his grantor for 
 payment. 
 
 A special warranty deed is one in which the 
 grantor warrants against his own acts only and 
 in no wise agrees to make good any defect in 
 title prior to his own ownership. 
 
 A quit claim deed is a mere release of any in- 
 terest either real or apparent and does not ob- 
 ligate the grantor in the least. If he has no in- 
 terest none will be conveyed and should he af- 
 ter acquire an interest it would not inure to the 
 benefit of his grantee as in the case of a war- 
 ranty deed. It conveys a present interest only. 
 
 In addition to the three forms of deeds men- 
 tioned above there is also deed of trust, trus- 
 tee's deed, trust deed, deed of partition, execu- 
 tor's deed, administrator's deed, conservator's
 
 DEEDS. 193 
 
 deed, guardian's deed, master's or commission- 
 er's deed, sheriff's deed, etc. 
 
 A deed of trust is a conveyance in fact from 
 one person to another for the benefit of a third 
 party. That is A. deeds to B. to receive the in- 
 come and pay it to C. until C. becomes of age 
 or until the happening of some other event. The 
 deed B. then executes is a trustee's deed. A 
 trust deed is in fact a form of mortgage and 
 the title is not put beyond recall of the first par- 
 ty as in a deed of trust, unless he defaults in the 
 payment of the debt secured. 
 
 A deed of partition partakes of the nature of 
 a contract where several parties join in one 
 instrument agreeing to a division of a property 
 setting off to each some particular part. 
 
 An executor 's deed is the deed of one who has 
 been named by a will of a deceased person to 
 convey the property of the testator. It is a con- 
 veyance by direction of the testator, made in 
 his lifetime; such an authority made to be ex- 
 ecuted during the life of the party making it, 
 is called a power of attorney. 
 
 An administrator's deed is the deed of the 
 one appointed by the probate court to settle the 
 affairs of one who died leaving no will. It is 
 necessary for him to make such a deed for all or 
 part of the land of the decedent if part or all of 
 the property must be sold to pay the debts or 
 claims against the estate. 
 
 13
 
 194 LAND SURVEY AND LAND TITLES. 
 
 A conservator's deed is the deed of one ap- 
 pointed by the court to care for the property of 
 one incompetent to care for his own property; 
 and it may happen that the property must be 
 sold to realize money to keep the ward. A 
 guardian's deed is similar in its nature except 
 that the disability is one of age only, the ward 
 being a minor and under a legal and not a phy- 
 sical disability. 
 
 A master's or a commissioner's deed is a 
 deed of an officer of the court who makes the 
 conveyance of the land when in the nature of 
 the cause before the court for consideration, it 
 becomes necessary to sell the property, as in a 
 case of partition, or foreclosure, both discussed 
 in later chapters. 
 
 A sheriff's deed partakes of the nature of the 
 last two mentioned deeds and it is merely the 
 fact that the sheriff executed the orders of the 
 court in place of the master in chancery or the 
 commissioner. 
 
 In all of the above, except the warranty deed, 
 there is no guaranty whatever against loss and 
 no interest whatever is conveyed, except what- 
 ever interest the grantor had. A court deed as 
 it is often called, the deed of an administra- 
 tor, executor, master or sheriff makes no 
 warranty at all and they do not pretend to 
 convey any greater interest or better title
 
 DEEDS. 195 
 
 NO than had the party for whom they 
 
 in^court conve y And it frequently happens 
 deed. that in the proceeding to give the au- 
 
 thority for conveyance, there is some 
 irregularity in the case so that the court does 
 not have a proper jurisdiction, and in fact the 
 court deed may give a weaker title than existed 
 before. The theory that a deed by the court 
 makes a title good, is erroneous. 
 
 Nothing but an abstract of the title shows its 
 true condition and this abstract may point out 
 the defect of the court proceedings, or the error 
 of the lawyer in the case. 
 
 4. The date of the execution of a deed is of- 
 ten of material importance, especially if it be 
 a quit claim deed, and the date of the acknowl- 
 edgement is in fact the real date of execution, 
 because the date it is drawn is the one usually 
 inserted while it may not be executed until 
 later. 
 
 5. The date of delivery is important, but not 
 so important as the fact of delivery. A deed 
 must be delivered to pass title, either delivered 
 to the grantee or to some third party for de- 
 livery on the happening of some event. 2 
 
 2. James P. Williams bought of one Hamby three acres 
 of land, and took a conveyance to himself and sister, 
 Mary Williams. In November of the same year he bought 
 of the same vendor nine acres adjacent, and the deed to 
 the three acres, never having been recorded, was sur-
 
 196 LAND SURVEY AND LAND TITLES. 
 
 6. The date of filing is important especially 
 when priority of filing governs effect of convey- 
 ance. If A. sells a property and delivered the 
 deed to B. who neglects to file his deed for rec- 
 ord, C. may secure a judgment against A. and 
 levy a lien against the property now, in fact, 
 belonging to B. ; then B. would have to protect 
 the property because by not recording the trans- 
 fer he had not advertised to the public the no- 
 tice of his ownership. 
 
 7. The consideration is important, because 
 to support a contract there must be some mov- 
 ing equivalent. The amount of consideration 
 need not be large or valuable, often one dollar, 
 and frequently love and affection, between par- 
 ent and child. The exact consideration need not 
 be mentioned, exchange of property being suffi- 
 cient, etc. 
 
 8. The words of grant, bargain and sale are 
 to be noted carefully, especially where the stat- 
 ute requires certain phrases. 
 
 rendered and destroyed, and Hamby executed a deed for 
 the twelve acres to Robert Williams, a brother to James 
 P. and Mary. 
 
 The court held, in a suit which was brought against 
 James P. Williams by his creditors, that the deed to the 
 three acres was wholly inoperative so far as Robert was 
 concerned, that William and Mary owned the land, and 
 that a title to real estate cannot be divested or reconveyed 
 by the surrender and cancellation of a deed conveying it. 
 (Cunningham v. Williams, 42 Ark. 170.)
 
 DEEDS. 197 
 
 9. The description is to be noted most care- 
 
 fully, since if there is one word 
 
 CsTG 
 
 m the wrong it might make the whole in 
 
 description, error. The naming of a wrong direc- 
 tion, the giving of a wrong number 
 of section or lot has often been the cause of 
 much trouble and expense. It is not always a 
 safe rule to follow the former deed in this be- 
 cause it was no doubt in error and the same 
 error would run through a number of deeds. 
 Make your description conform to the abstract. 
 Nor is it necessary to name the quantity con- 
 veyed, though the approximate amount is often 
 given as so many acres, more or less. But "ten 
 acres more or less" off the north end of the 
 section conveys nothing. 
 
 10. The special recitals are to be noted care- 
 fully because often some restrictive clause is 
 inserted that controls the conveyance ; or if the 
 party conveying desires to relieve himself of 
 any responsibility of some tax or lien, this must 
 be so stated, or he will be bound by the gen- 
 eral terms of his conveyance. 
 
 11. The habendum clause is that clause for- 
 merly employed but now obselete, that was used 
 to qualify the estate conveyed, but the statutory 
 form of deeds as used in the various states have 
 in most instances done away with the once 
 familiar clause, ' * to have and to hold to the said 
 second party, his heirs and assigns," etc. It is 
 now no longer needed.
 
 198 LAND SURVEY AND LAND TITLES. 
 
 12. The signatures are important in two re- 
 spects. First that they are affixed, though it is 
 not necessary that they be written in any exact 
 spot on the instrument. When the signature 
 is illegible or the party cannot write at all, but 
 signs by mark, thus: 
 
 his 
 John X Doe 
 
 mark 
 
 the signature should be witnessed. In some 
 states it requires two witnesses besides the no- 
 tary, whether the signing is by mark or not. A 
 signature in pencil while not always so safe is 
 perfectly legal, and signatures should always be 
 written as given in the granting clause of the 
 instrument. 
 
 13. The certificate of the acknowledging offi- 
 cer should be filled out carefully and completely, 
 noting the names of the parties as written, and 
 also stating the relation if any, as husband and 
 wife; or if unmarried it should be given as 
 bachelor, spinster, widow or widower, terms of 
 exactness and not merely single or unmarried 
 as is so often done. The terms should also al- 
 ways appear in the granting clause at the be- 
 ginning of the instrument as descriptive of the 
 parties of the first part. 
 
 The notary, justice or whoever takes the ac- 
 knowledgment, should be very careful to sign 
 his own name and affix his seal of office, if he
 
 DEEDS. 199 
 
 uses one. Ofttimes such is omitted and the con- 
 veyance is defective. 
 
 14. The affixing of revenue stamps when re- 
 quired by law should be observed but the omis- 
 sion does not invalidate the conveyance. (See 
 Bunker v. Green, 48 HI. 243). 
 
 As of all legal instruments of conveyance, so 
 of deeds, they are particular in language, form, 
 signature and attestation, and a purchaser 
 should not accept an instrument drawn by an 
 incompetent or inexperienced scrivener. A few 
 cents saved at time of purchase has often cost 
 hundreds of dollars in court decrees later, to 
 correct the defective conveyance. 3 
 
 Errors caused in deeds by incompetent con- 
 veyancers are disclosed daily by our public rec- 
 ords, among which these may be noted. 
 
 1. Grantor's name omitted or so spelled that 
 he or she cannot be identified as the last grantee. 
 
 3. A purchaser asked a lawyer the price of drafting a 
 deed to some land he was buying from some heirs. The 
 lawyer told him one dollar. The farmer said he could 
 get a justice to do it for twenty-five cents and he did. 
 Some five years later he sold out and then discovered the 
 "squire" had got the description all wrong, and he must 
 get a new deed. Many of his grantors had died leaving 
 minor children and some had gone to foreign parts. A 
 suit in court was his only recourse. Seventy-five cents 
 saved cost two hundred dollars and it happened in Cen- 
 tral Illinois. 
 
 A squire is legalized to draw deeds but his election 
 does not qualify him so to do.
 
 200 LAND SURVEY AND LAND TITLES. 
 
 2. Consideration entirely omitted. 
 
 3. Signatures omitted or not written to har- 
 monize with the names given. 
 
 4. Name of grantee omitted altogether. 
 
 5. In case of a corporation, the name wrong- 
 ly given and the signature in error. 
 
 6. Seals omitted; personal, corporate or 
 official. 
 
 7. Acknowledgment imperfect in form. 
 
 8. Indefinite or erroneous description. 
 
 9. Acknowledged before officer not allowed 
 to take attestations. 
 
 10. Modifying or restrictive clauses wrongly 
 used. 
 
 It so often occurs that these defective deeds 
 are recorded before the errors are discovered. 
 Then the only way to correct the wrong is to se- 
 cure a proper conveyance stating also it is 
 made to correct certain errors in a former ex- 
 ecuted deed, giving volume and page where 
 wrong deed is recorded, and then record the cor- 
 rect instrument. If, however, the error is that 
 of the recorder in copying, the defect may be 
 cured by re-recording the original instrument, 
 stating it is re-recorded. If, however, a new deed 
 cannot be had, on account of death of former 
 grantor, etc., or the original, if correct, cannot 
 be found, the only course is to file a suit in 
 chancery to cure the defects. This expensive 
 proceeding may often be avoided by care at the 
 beginning.
 
 DEEDS. 201 
 
 A TITLE DEED IN POETRY. 
 
 A deed for the conveyance of a piece of land 
 and one of the greatest legal curiosities in the 
 world, was drawn up in 1881 by J. Henry Shaw, 
 a lawyer at Beardstown, Illinois. The curio 
 complies with every requirement of law, and 
 has more than once been declared by the court 
 of that state to be entirely valid. 
 
 I, J. Henry Shaw, the grantor herein, 
 
 Who live at Beardstown the county within, 
 
 For seven hundred dollars to me paid today 
 
 By Charles E. Wyman, do sell and convey 
 
 Lot two (2) in block forty (40), said county and 
 
 town, 
 
 Where Illinois River flows placidly down, 
 And warrant the title forever and aye, 
 Waiving homestead and mansion to both a goodby, 
 And pledging this deed is valid in law. 
 I add here my signature, J. Henry Shaw. (Seal) 
 
 Dated July 25, 1881. 
 
 I, Sylvester Emmons, who live at Beardstown, 
 A notary public of fame and renown, 
 Of the county of Cass in Illinois state, 
 Do certify here that on the same date 
 One J. Henry Shaw to me did make known 
 That the above deed and name were his own, 
 And he stated he sealed and delivered the same 
 Voluntarily, freely, and never would claim 
 His homestead therein; but, left all alone, 
 Turned his face to the street and his back to his 
 home. 
 
 S. EMMONS, N. P. 
 Dated August 1, 1881. 
 
 (Seal). 
 
 SUGGESTION. Visit the office of your abstract- 
 er and get him to show you some defective 
 deeds.
 
 CHAPTER XXI. 
 
 MORTGAGES AND RELEASES. 
 
 A mortgage in modern times is a conveyance 
 of an estate for the security of a debt, and the 
 conveyance is to become void on payment of 
 the amount due. 
 
 The development of the use of the mortgage 
 is quite interesting. In early English times the 
 creditor, or as we now call him, the mortgagee, 
 took actual possession of the premises pledged 
 and collected the income himself. When the 
 returns had satisfied the debt, he returned the 
 property to its former owner, and this was 
 known as a living pledge. 
 
 Later it was so arranged that on any breach 
 of the condition of the pledge, the security be- 
 came forfeited, lost or dead to the pledger and 
 this was known as the dead pledge. In the lan- 
 guage of that time and derived from the Welch, 
 the word was developed 1 l mort-gage. " 
 
 This last form of pledge worked a great hard- 
 ship on the borrower, for if the debt was not 
 paid by the time of the due date, the property 
 was lost to the mortgagor absolutely, and he 
 could not recover even though he later made a 
 tender of the amount due. The day named for 
 
 (202)
 
 MORTGAGES AND RELEASES. 203 
 
 
 
 the payment of the debt was called the "law 
 day" and if payment was not made according 
 to the exact terms of the condition, the mort- 
 gagee became the absolute owner of the prop- 
 erty. 
 
 In later years equity interposed to explain 
 that it was unreasonable that the mortgagee 
 should retain the full value of the property when 
 it was merely pledged to him to secure a much 
 smaller debt; that a breach of the covenant of 
 the pledge* was subject to a penalty, and that in 
 justice all the creditor could be entitled to was 
 his debt, interest and costs. And the 
 The rule was established that though the 
 
 SaySver condition of the pledge was not 
 his property, strictly adhered to, whereby the 
 property became forfeited, yet if the 
 mortgagor tendered the amount of the debt 
 within a reasonable time, he should be entitled 
 to a return of his property. 
 
 The privilege to retrieve his loss is known as 
 the right of equity of redemption, and the debt- 
 or was wont to draw out the time so that he im- 
 posed on the creditor, until the court would 
 have to take notice of it and enter a decree that 
 payment must be made within a short day 
 named, or the equity of redemption would be 
 barred and the mortgage would be foreclosed. 
 
 The procedure of going to court to establish 
 time of redemption was irritating to a creditor,
 
 204 LAND SUBVEY AND LAND TITLES. 
 
 especially when the debt was past due and per- 
 haps the security was deteriorating by misuse. 
 This led to the use of a special form of mort- 
 gage known as the "cut throat mortgage" 1 
 whereby the mortgagee, on default of payment, 
 and by merely advertising the premises for a 
 few days, could make sale of the land mortgaged 
 and pay his debt out of the proceeds, he himself 
 making a deed to the purchaser. This was 
 somewhat like the "dead pledge" above men- 
 tioned except that the property must be sold at 
 auction and any overplus was to be paid to the 
 former owner (or mortgagor). In most of the 
 states of the United States this form has been 
 abolished by law and a statutory form pre- 
 scribed. This statutory form is usually very 
 brief and the words of conveyance, mortgage 
 and warrant, govern the estate conveyed. It is 
 a theory in law that once a mortgage, always 
 a mortgage even though it is in the form of a 
 deed, and when it is shown the conveyance is in 
 fact a pledge only, the courts will enforce a re- 
 conveyance of the property on payment of the 
 debt secured. The form of mortgages now pre- 
 scribed in the several states is different from 
 
 L This form of mortgage was abolished in Illinois in 
 1879 and foreclosures are now had in the chancery court. 
 The mortgagor has fifteen months to redeem his property 
 after the sale and it is not absolutely lost to him on first 
 forfeiture of payment of interest as under the old law.
 
 MORTGAGES AND RELEASES. 205 
 
 the other almost in every instance so that no 
 general form can be referred to. 
 
 A mortgage in its earliest form was effected 
 by the execution of two separate and distinct 
 instruments at the same time; the one was an 
 absolute conveyance of the land mortgaged 
 while the other, called the deed of defeasance, 
 was a sort of agreement or contract providing 
 that if the debt was paid as agreed, a reconvey- 
 ance of the premises mortgaged would be made. 
 In time the two deeds were merged into one 
 instrument having a paragraph reciting the 
 agreement of defeasance and this combined con- 
 veyance and agreement of release on payment 
 of the debt, in its various forms, is the mort- 
 gage used at present. 
 
 There is yet used a note or bond executed with 
 the mortgage, reciting the amount of the debt, 
 the time and terms of payment, place of pay- 
 ment, etc., and the mortgage is considered as 
 given to support or secure the payment of the 
 note. Hence like in the earlier times two in- 
 struments are executed, one is given in support 
 of the other. 
 
 The fact that an owner has executed a mort- 
 gage or has mortgaged his land, does not de- 
 prive him of its use and ownership. He can 
 use, rent or sell his property just as freely as 
 before but in case of a sale he will receive the 
 price less the amount of the mortgage debt, and
 
 206 LAND SURVEY AND LAND TITLES. 
 
 the new owner will then be liable for its pay- 
 ment. And in case the new owner makes de- 
 fault in payment of the interest when 
 
 ^ ue or ^ ^ e P r i nc ip a l as originally 
 agreed, the mortgage may be fore- 
 closed and the property sold. The interest or 
 estate one has in a mortgaged property above 
 the amount of the indebtedness is called the 
 equity and is the difference between the amount 
 of the mortgage and the market value of the 
 property ; this equity may be bought or sold the 
 same as any other property, and as the mort- 
 gage is reduced the equity is increased. 
 
 Where a mortgagee also acquired the title to 
 the premises or buys the equity therein, it is 
 called a merger and if he yet owns the mort- 
 gage it will operate as a release. 
 
 And where one makes a mortgage to a prop- 
 erty to which he has not yet acquired title, his 
 title when he does receive it, becomes at once 
 burdened with the lien of his mortgage and 
 must be treated with him having had the title 
 when the mortgage was executed. His warrant 
 in the mortgage as in a warranty deed will 
 estop him from any denial of the indebtedness. 
 
 A trust deed is a form of mortgage used in a 
 few states, and is a conveyance to a third per- 
 son in place of to the creditor (mortgagee) di- 
 rect. The conveyance is like the mortgage, an 
 incident to the debt and executed merely to-
 
 MORTGAGES AND RELEASES. 207 
 
 pledge or secure its payment. The trustee 
 named in the trust deed may know nothing of 
 the transaction until if the mortgagor does not 
 pay his debt the owner of the paper will apply 
 to the trustee to have him cause the property 
 to be sold or if the debt is paid the mortgagor 
 receives from him a release. 2 
 
 A mortgage to be valid should correctly de- 
 scribe the premises mortgaged, as well as iden- 
 tify the indebtedness secured. As between two 
 mortgages, the first one filed for record is the 
 prior, or senior lien, unless otherwise specific- 
 ally stated in the instrument itself. 
 
 When one sells a tract of land and does not 
 receive all of the purchase price for it, he is said 
 to have an equitable lien for the balance. This 
 amount of balance if stated in the deed and if 
 it is also stated that a lien is retained to secure 
 payment of same, is called a vendor's lien. If 
 however in place of reserving the lien in the 
 deed the vendor takes a mortgage back from 
 
 2. In some states, as in Missouri, the trustee acts only 
 in case of a foreclosure, the release being accomplished 
 by the recorder noting on the margin of the record of 
 the mortgage that the original notes and mortgage were 
 exhibited to him marked canceled. 
 
 Where some of the notes have been lost or where the 
 owner forgets or neglects to exhibit the paid instruments 
 to the recorder for the above notation, confusion is liable 
 to occur; and where a trustee executes a release he should 
 satisfy himself that all notes have been paid. As a rule 
 of caution, all canceled notes should be preserved.
 
 208 LAND SURVEY AND LAND TITLES. 
 
 the purchaser for the amount due and it is 
 stated that the mortgage is for part of the pur- 
 chase price, it is known as a purchase mort- 
 gage. Purchase mortgages are considered high- 
 er securities than other mortgages and they are 
 each of them free from any contingent claim 
 of dower or homestead interest whether the 
 wife of the mortgagor joined in their execu- 
 tion or not. The advantage of taking a pur- 
 chase mortgage in place of reserving the lien 
 in the deed, is that it is perhaps more easily 
 sold and negotiated if desired. 
 
 Mortgages are valuable and may be trans- 
 ferred the same as any other property. If the 
 security is a mortgage direct, the transfer is 
 accomplished by the mortgagee, who is also the 
 seller, executing an assignment; this is an in- 
 strument much like a deed, reciting the parties, 
 consideration and describing the security trans- 
 ferred by giving its parties, date, amount, vol- 
 ume and page where recorded, etc. This assign- 
 ment is then acknowledged and by it the new 
 owner called the assignee after having his deed 
 of assignment recorded may make a proper re- 
 lease when the debt is paid. In a trust deed the 
 securities may be transferred without indorse- 
 ment or by indorsement of the note only, and 
 when all the notes are paid, the then owner of 
 the property should exhibit the paid notes to 
 the trustee and secure a release.
 
 MORTGAGES AND RELEASES. 209 
 
 And whenever a release is obtained it should 
 be filed for record at once, first to 
 
 taereiease. sllow P avinen t of the mortgage and 
 second that it may be done before 
 the release is lost. Care should be exercised to 
 have a mortgage properly released of record 
 either by securing and filing a properly exe- 
 cuted release deed or by having the mortgagee, 
 or other proper person, release the lien by a re- 
 lease written on the margin of the record. Oft- 
 times the notes are stamped paid, the mortgage 
 is marked cancelled and because the immediate 
 parties know the debt is satisfied nothing more 
 is done ; but in after years, when others, stran- 
 gers to this transaction, are searching the rec- 
 ords, if the release cannot be found, confusion 
 arises, time is lost and frequently much expense 
 is incurred. 
 
 Of course if a mortgage is not paid and it be- 
 comes necessary to have the court sell the prop- 
 erty, this fact of sale, whereby the mortgagor's 
 interest is transferred, and out of the proceeds 
 the debt is satisfied, is sufficient evidence of a 
 cancellation of the encumbrance, and acts as a 
 release of the mortgage. 
 
 The power of sale under a mortgage or trust 
 deed must be strictly pursued and the utmost 
 fairness observed in its execution. 
 ^ P urcn aser at a sale under a fore- 
 
 does not closure of a mortgage or a trust 
 utle e good. deed, receives only the title formerly 
 
 14
 
 210 LAND SURVEY AND LAND TITLES. 
 
 held by the mortgagor, burdened with all its 
 defects and without a warranty. A deed from 
 an officer of the court conveys no more 
 than such interest as the original mortgagor 
 possessed and the court makes no warranty, 
 it merely acting as a trustee in accomplish- 
 ing the transfer from the mortgagor to the 
 purchaser. 
 
 Where no release of a mortgage is shown of 
 record, the law will presume the satisfaction 
 of the mortgage and the payment of the debt, 
 if the mortgagee, or holder of the paper, has 
 not attempted to assert the right of collection, 
 or brought suit for foreclosure during the stat- 
 utory period of limitation, of the state where 
 the property is located, next following the ma- 
 turity of the debt. This period of limitation is 
 usually twenty years but varies in many states, 
 and the statute of each state will govern as to 
 whether the time is ten years, twenty years or 
 some other period. 
 
 A mortgage is best released by the record of 
 a regularly executed release by the mortgagee 
 or trustee. Yet the statutes declare no action 
 to foreclose may be had after the period of 
 limitation has been completed; but so long as 
 interest or any part of the principal is paid, or 
 if there are interested parties under legal disa- 
 bility, this limitation period does not commence 
 to run.
 
 MORTGAGES AND RELEASES. 
 
 211 
 
 SUGGESTION. Examine your abstract and see 
 if any mortgage on the property was ever fore- 
 closed; also, determine if all mortgages are 
 properly released. 
 
 A corner common to four townships. View looking west.
 
 CHAPTER XXII. 
 
 ESTATES INTESTATE. 
 
 In a preceding chapter it was remarked that 
 there were but two methods of transferring ti- 
 tles, viz., by voluntary act of the individual and 
 by operation of law. This first method is ex- 
 plained by the chapters on the deed, mortgage, 
 will, etc., wherein the transfer is voluntary from 
 one to another. Transfers by operation of law 
 are such as are involuntary on the part of the 
 original owner, but from some cause a condi- 
 tion arises whereby the ownership is changed 
 from one to another. 
 
 The simplest example is in fact a transfer by 
 descent, or a distribution of property according 
 to the law of succession after death. Title ac- 
 quired herein is in no part by purchase but by 
 descent only, and the law when referring to the 
 transfer of land by inheritance is called the law 
 of descent, but when relating to personal prop- 
 erty it is the law of distribution. 
 
 On the death of any one, especially if the 
 person died possessed of real estate, the estate 
 should be probated or administered upon in the 
 proper court to determine these important 
 facts. 
 
 (212)
 
 ESTATES INTESTATE. 213 
 
 1. To determine the death of the ancestor. 
 
 2. To establish whether or not the deceased 
 left a will. 
 
 3. To establish by proper court the heirship. 
 
 4. To provide for relieving the estate of all 
 debts and claims against it. 
 
 5. To collect all assets of the decedent and 
 to properly distribute them among the heirs 
 entitled. 
 
 The right to take property by descent is not 
 absolute, but depends entirely on the 
 inheritance ^ aw or statute of the several states. 
 Some provide that a person may in- 
 herit both personal and real property, and the 
 law in force at the time of the death of the in- 
 testate governs the distribution to the conclu- 
 sion of law enacted prior or subsequent thereto. 
 
 A person's home or domicile is where he has 
 his permanent home and principal establish- 
 ment, to which when he is absent, it is his inten- 
 tion to return. Every person is deemed to have 
 a home somewhere and, by the American rule, 
 one's original domicile continues until a new 
 one is established. In the inheritance of prop- 
 erty, the law of the state wherein the land is 
 situate governs its descent, while the distribu- 
 tion of the personal property is controlled by 
 the law of the place or home of the intestate at 
 the time of his death. These may or may not 
 be of the same state.
 
 214 LAND SUBVEY AND LAND TITLES. 
 
 The laws of descent as they prevailed under 
 the common law of England, have been changed 
 and amended by the states, so that no fixed rule 
 can be given, but the statute of each state must 
 be consulted to determine the exact laws of the 
 place, and order of descent in force there. 
 
 In general the children, if any, of an intestate 
 are considered nearest of kin and take equal 
 shares in the property ; if a child has died leav- 
 ing children the heirs of the deceased child in- 
 herit his part, technically speaking the rule of 
 descent is per stirpes and not per capita. 
 
 Adopted children will inherit from their 
 
 adopted parents, where the statute 
 
 Adopted go provides, but they also inherit 
 
 children / 
 
 and others, trom their natural parents ; but 
 adopted parents cannot inherit from 
 their adopted children. Posthumous children 
 inherit the same as though born during the life 
 time of the decedent. Illegitimate children at 
 common law had no inheritance yet in nearly all 
 of the states the statutes provide they are per- 
 mitted to inherit from the mother only, but a 
 subsequent marriage of the parents or an ac- 
 knowledgment of them by their father, will re- 
 move such bar of inheritance. 
 
 Half-bloods inherit in equal shares from their 
 common parent only. Living children omitted 
 from a will usually take as an equal heir where 
 the omission is shown to be unintentional, and
 
 ESTATES INTESTATE. 215 
 
 children born after the making of a will, either 
 before or after the testator's death, take as 
 heirs. In some states, however, they may be ex- 
 cluded where the will itself so provides. 
 
 At common law the surviving spouse did not 
 inherit from the other but this is changed by 
 state enactment, and now in most of the states 
 they inherit in the absence of children or next 
 of kin. In some states, however, they take with 
 the children ; they also have an interest for life 
 in the remainder of the real estate, which inter- 
 est is known as a dower interest. The local 
 statute must be consulted to determine what is 
 the law of the place. 
 
 It was the rule at common law that an estate 
 could not ascend, but this has been changed in 
 nearly all the states, and a father or mother, or 
 both inherit where there are no lineal descend- 
 ants of the intestate and often even where there 
 are. Brothers and sisters, or the heirs of de- 
 ceased brothers and sisters are often given pre- 
 cedence over parents as heirs. Brothers and 
 sisters on the half-blood often share with those 
 of full blood, but some times they are excluded 
 if the property does not come from a common 
 ancestor. 
 
 In the absence of descendants, parents, a sur- 
 viving spouse, brother or sister, the statutes 
 usually provide for inheritance by the next of 
 kin, and they also state who are so considered.
 
 216 LAND SURVEY AND LAND TITLES. 
 
 Next of kin are those who are most nearly re- 
 lated by blood or by consanguinity. Those re- 
 lated by marriage are in relation by affinity, 
 and yet others may be related by adoption. 
 While the law presumes every one to have heirs, 
 if none can be discovered the property escheats 
 to the state. 
 
 Upon the death of an intestate his real prop- 
 erty at once descends and the title becomes im- 
 mediately vested in his heirs, by operation of 
 law, without any order from a court. His prop- 
 erty is liable, however, for the payment of any 
 debts of the decedent. 1 The personal property 
 is said to vest in trust in the personal repre- 
 sentatives, and until the administrator quali- 
 fies, it is said to remain in abeyance. 
 
 As to whom should take charge of an estate, 
 receive moneys on hand and due, pay 
 an( * distribute an remain- 
 
 th 
 estate. der among the heirs entitled, the 
 
 statute of the state will provide. 
 Usually the surviving spouse has first right, 
 next a child, or some one next of kin. Those 
 having a prior right may nominate some one 
 
 1. Real estate is never legally relieved of possible 
 debts of an ancestor, nor is the heirship properly deter- 
 mined until some proceeding in probate is had; purchasers 
 of land or real estate securities accepting a title in which 
 occurs an unsettled estate must be governed, at their peril, 
 by the circumstances either of time or condition.
 
 ESTATES INTESTATE. 217 
 
 for the court to appoint, and when the court 
 makes the appointment, the person accepting 
 the trust is known as an administrator and dis- 
 tinguished from executor who is named by a 
 will, to make settlement of the estate. If an 
 administrator dies or resigns before the estate 
 is fully settled another appointed by the court 
 to complete the settlement is called an adminis- 
 trator de bonis non. If a will makes no ap- 
 pointment of executor, the one appointed by the 
 court to execute the will is known as the admin- 
 istrator with the will annexed. 
 
 The settlement of an estate is known as the 
 administration of the estate and consists first 
 in the assembling of all personal property by 
 the person in charge as above named; second, 
 in the payment of all debts of the decedent; 
 third, in the distribution of any personal prop- 
 erty left after the payment of the debts. Or if 
 there was a will, the executor will see to the 
 distribution of any particular legacy to the 
 proper person. 
 
 Heirs are under no legal liability to pay the 
 debts of their ancestor from whom they have 
 inherited real estate unless the per- 
 sonal estate of the deceased is insuf- 
 ficient to liquidate all claims. Credi- 
 tors must collect first from the personal repre- 
 sentative, administrator or executor, who will 
 pay out of the proceeds of the personal prop-
 
 218 LAND SUEVEY AND LAND TITLES. 
 
 erty until this source is exhausted. If this fund 
 is not sufficient to satisfy all claims against the 
 estate, it will be necessary to secure funds from 
 a sale of the real estate or of some part of it. 
 
 An heir is not bound by any agreement of his 
 ancestor beyond the value of his distributive 
 share of the estate, but if the personal property 
 is insufficient to pay the debts and claims, as 
 well as any special bequest where the decedent 
 left a will, the heirs must allow a sale of a suffi- 
 cient part of the real estate to satisfy all such 
 amounts. In the event of such sale being made 
 the administrator or executor will make the 
 deed of transfer to the property sold, by virtue 
 of an order from the probate or surrogate court, 
 first obtained. And when a full settlement of 
 the estate has been made the work of the ad- 
 ministrator is finished and he is discharged by 
 the court from further obligation. 
 
 What lands remain may be divided among 
 the heirs, either mutually if an agreement can 
 be made, or the division will be conducted by 
 the court. This division however is not con- 
 ducted by the same court wherein the estate 
 was settled, but by what is usually termed the 
 chancery court. Such division by a court is al- 
 ways necessary where there are any minor 
 heirs, because they are incompetent to join in a 
 voluntary agreement of partition. Whenever 
 there is a surviving spouse and there is no will
 
 ESTATES INTESTATE. 219 
 
 making provision for the benefit of such sur- 
 vivor, partition proceedings are necessary to 
 set apart his or her share, unless the heirs are 
 all of age and a private agreement can be 
 reached. 
 
 When the suit for partition is had, the court 
 
 will appoint a commission of disinterested men, 
 
 usually three, to inspect the lands to 
 
 partition ^ e divided and if possible they shall 
 
 separate the estate into as many 
 
 shares as there are parties interested; they 
 
 shall then assign one of such lots to each of the 
 
 several heirs entitled, whether to minor or not, 
 
 and the lot or part so assigned becomes his own 
 
 separate tract. 
 
 If the whole property, or any part of it, can- 
 not be divided among the parties entitled, the 
 three commissioners so appointed appraise the 
 value of the real estate and so report to the 
 court and a decree of sale is entered and the 
 master in chancery of the court makes sale of 
 the land. The money received therefrom, after 
 paying costs, is divided by him among the par- 
 ties entitled according to their respective 
 shares. The statute of each state declares what 
 the share shall be. ( See your statute for law of 
 descent.) This process of dividing an estate by 
 legal process must be done strictly in accord- 
 ance with the law and care must be exercised 
 in the course of the same throughout. Parti-
 
 220 LAND SURVEY AND LAND TITLES. 
 
 tion proceedings may be had wherever two or 
 more persons own property together, regard- 
 less of how they acquired title to the land. 
 
 When a married person dies, the surviving 
 spouse at once becomes seized of an interest in 
 all the real estate possessed by the decedent at 
 the time of his or her death and in any owned 
 after marriage of parties and conveyed by the 
 deceased before death, if the said survivor had 
 not joined in a deed of conveyance prior to the 
 death of the other, or had joined in a defective 
 conveyance, which was not sufficient 
 to release dower. This interest is 
 called a dower interest and in most 
 states is the rent, use, and profit of one-third of 
 all such real estate during the remaining life 
 of the said survivor. This is in fact a right for 
 an indeterminable period and can be sold or 
 bartered ; yet it ceases immediately on the death 
 of the survivor. Any land subject to a dower 
 interest is at once relieved on the death of the 
 person to whom it was due and the amount of 
 dower in each state is regulated by the state 
 statute. A dower interest, however, may never 
 vest by reason of a valid antenuptial or post- 
 nuptial contract. 
 
 Besides the interest above mentioned there is 
 also another interest but of a definite amount, 
 usually of one thousand dollars, called a home- 
 stead. It is the right of the surviving spouse
 
 ESTATES INTESTATE. 221 
 
 to retain during life, or to minor children to 
 hold during minority, the home place, usually 
 the house and some small tract of land, and if 
 the estate was small it may embrace the whole 
 of it and leave nothing to be sold to satisfy 
 debts, or to be divided among the heirs until 
 the death of both husband and wife. This is 
 also regulated by statute of the state wherein 
 the land is situated. 
 
 When no provision is made by will the court 
 may assign the dower interest to the party en- 
 titled and any estate sold is burdened with the 
 same unless it is voluntarily released in writing, 
 or separately assigned by court. 
 
 A legal dissolution of the marriage contract 
 is called a divorce and if granted for the fault 
 of the surviving spouse it will dissolve any 
 claim of dower in the estate. 
 
 When a divorce is granted if it is stipulated 
 that either pay the other a sum of 
 mone 7 such amount is called ali- 
 mony, whether it is to be paid at one 
 time or in several equal amounts, at regular in- 
 tervals ; and alimony is a lien on the real estate 
 of the party who is to pay it. 
 
 Dower, homestead and alimony, all cease on 
 the death of the party in whose interest they 
 existed and any real estate affected by either of 
 them is at once relieved of the same. Home-
 
 222 LAND SURVEY AND LAND TITLES. 
 
 stead rights of minor orphans cease on their 
 becoming of legal age. 
 
 SUGGESTION. Examine your abstract and see 
 if your land was part of some estate that had 
 been partitioned.
 
 CHAPTER XXIII. 
 
 WILLS ESTATES TESTATE. 
 
 A will is a conveyance of property by an in- 
 dividual, the transfer to take effect or title to 
 pass, at the death of the grantor, now termed 
 testator. One who dies leaving a will is said to 
 have died testate, as opposed to one who left 
 no will and who is said to have died intestate. 
 
 As to who may make wills, the rule of re- 
 strictions is more lenient than it is 
 Who can j n regard to who may make con- 
 wiii. tracts. In the making of a will, it 
 
 is considered there is not the con- 
 tention usual in coming to an agreement with 
 another as in contracts, and though no fixed 
 rule may be laid down the law is not so strict. 
 However one must be able to understand what 
 he is doing and not be working under some de- 
 lusion. Nor must a will be executed under in- 
 fluence, or it is not the will of the testator and 
 no court cognizant of this fact will sustain it. 
 
 A will in fact being the offer of the testator, 
 may be by him revoked at any time before his 
 death, or he may destroy it altogether; but im- 
 mediately on the occurrence of the death of the 
 testator, the will becomes absolute and title 
 
 (223)
 
 224 LAND SURVEY AND LAND TITLES. 
 
 passes by the terms of the instrument and not 
 by inheritance. A party acquiring property 
 through a will is called a devisee or legatee and 
 takes the title by purchase. 
 
 When a testator dies leaving two or more 
 wills the latest dated instrument is the one con- 
 sidered as the real will at least insofar as it 
 may affect the disposal of property in a former 
 will. Usually, however, in place of writing an 
 entirely new instrument, a paragraph or more 
 is added to the original will, and such para- 
 graph when so written, is called a codicil. One 
 or more codicils may be added and they may 
 dispose of additional property or in some man- 
 ner change the gifts as originally written. 
 
 If a testator acquires property after execut- 
 ing a will and it was not provided to dispose 
 of after acquired property in the will, it does 
 not pass by the will of the decedent, but is in- 
 herited by his heirs, and he is said to have died 
 intestate as to that particular property. Yet 
 where a will contains a last para- 
 The graph called a residuary clause de- 
 
 rpsidiio.rv 
 
 clause. vising "any and all other property 
 not herein mentioned or any prop- 
 erty that may be hereafter acquired," or to 
 which the testator may be entitled by contract, 
 inheritance or devise at his death, to some 
 specified person, the party so named will re- 
 ceive all and any such as there might be; and
 
 WILLS ESTATES TESTATE. 225 
 
 said last named person is called the residuary 
 legatee. 
 
 A will is usually spoken of as a last will and 
 testament, the term testament no doubt being 
 preserved from the Eoman law. There is no 
 derivative of the word will, it standing as well 
 for the verb as for the noun, hence it is reason- 
 able to retain the other term by which the de- 
 rivatives may be formed. The party making a 
 will is a testator ; testatrix, if a woman ; the gift 
 is a testamentary devise; the authority of the 
 court to the party settling the estate, letters 
 testamentary, etc. The gifts disposed of by a 
 will are either a devise or a legacy; as com- 
 monly used devise is of land and legacy is of 
 personal property, while bequest is a general 
 term applied to both. A recipient of a devise 
 is known as a devisee and one who receives a 
 legacy is a legatee. 
 
 Almost any interest in land may be devised, 
 the entire estate or any part thereof. Thus the 
 income for a number of years may be given to 
 A. or it may be left to him during his lifetime, 
 with remainder to B. or to the children of A. 
 Or the land may be left to some one in trust to 
 collect the income and pay it over to A. during 
 his life time and then to convey it to another. 
 The simplest conveyance is that of the fee un- 
 restricted when the devisee comes at once into 
 full possession of the entire estate. 
 
 15
 
 226 LAND SURVEY AND LAND TITLES. 
 
 The lands of a testator always stand bur- 
 dened with any debts he may have owed at his 
 death, and it cannot be determined until a set- 
 tlement of the estate is had, whether or not the 
 lands may be divided as the will directs. This 
 settlement of the estate is explained 
 * n ^ ne previous chapter; in addition 
 to the procedure there mentioned a 
 further action in the same court is had to prove 
 the will. This is known as probating the will, 1 
 and is in fact a proving of the following points 
 in relation thereto: 
 
 1. That it is in fact the identical writing or 
 instrument that was executed as the last will 
 and testament of the decedent. 
 
 2. That at the time of its execution the testa- 
 tor was of sound mind and disposing memory. 
 
 3. That it was executed without fear or un- 
 due influence by another. 
 
 4. That the testator understood the instru- 
 ment to be his last will and testament at the 
 time of its execution. 
 
 The above proofs are obtained from the evi- 
 dence of the witnesses to the will testifying in 
 court; or if one, or more, of the witnesses has 
 died, his name as a witness is proven by the 
 
 L In some states the court having in charge the prov- 
 ing of wills is known as the surrogate court, in others the 
 probate court, in still others the county court, etc., as 
 local statutes direct
 
 WILLS ESTATES TESTATE. 227 
 
 testimony of others who may know the hand 
 writing of such witness. 
 
 When a will has been thus probated or proven 
 the executor named in the will to settle the es- 
 tate, proceeds to collect the property and to pay 
 all debts of the testator. If, however, the exec- 
 utor named, executrix if a woman, declines to 
 act, the court will name some proper person to 
 see to a settlement of the estate. 2 
 
 Aside from the claims of persons whom the 
 deceased may have owed, if the will provides 
 for the payment of specific sums of money, 
 these legacies must be paid and the executor is 
 in duty bound so to do. If there is not sufficient 
 money or personal property to satisfy all debts, 
 and to pay all the legacies mentioned, it will be 
 necessary for the executor to sell part or all of 
 the land in order to meet the de- 
 
 The mands of debts and legacies. Thus it 
 
 payments 
 
 of debts. is not known if the devise of a tract 
 of land will be accomplished and the 
 devisee will receive his gift until after the es- 
 tate is settled and all other claims are paid. 
 Whoever takes under a will, takes a fee the 
 same as by deed, but unlike a transfer by deed 
 the title is burdened with all the debts and obli- 
 
 2. Where an executor named in a will to settle the 
 estate, declines to act the one appointed by the court is 
 called Executor cum testamento annexo (executor with 
 will annexed).
 
 228 LAND SURVEY AND LAND TITLES. 
 
 gations of the testator, as well as being subject 
 to all legacies mentioned in the will itself. What 
 at first appeared to be a valuable inheritance, 
 may be entirely dissipated in the process of set- 
 tlement of the estate. 
 
 Where a devisee or legatee dies prior to the 
 testator, the devise returns to the estate of such 
 testator and does not descend to the heirs of the 
 devisee except it is so specifically stated in the 
 will. 
 
 Frequently the real estate devised is so in- 
 definitely described that the separate parts can- 
 not be distinguished or identified, in which case 
 the wish of the testator cannot be regarded, 
 wherefore the property must be treated as in- 
 testate property and divided among the heirs 
 according to the laws of descent of the place 
 where the property is located. Or by a misde- 
 scription the land intended to be devised to one 
 may be entirely omitted, in which case this 
 particular devisee must have deeds from all 
 heirs of the testator, he having died intestate 
 as to this tract intended to be conveyed. 
 
 From the above it will be understood that the 
 
 writing of wills is a particular task 
 
 writ*? Twin an( ^ snou l<l not be entrusted to one 
 
 not skilled in the art, nor to one not 
 
 familiar with the laws. For the reason, first, 
 
 that the language of a devise must be exact, that 
 
 there may be no mistake or misunderstanding of
 
 WILLS ESTATES TESTATE. 229 
 
 the wish of the testator ; 3 second, that the terms 
 of the statute may be strictly complied with. 
 
 The chief essentials of a valid will are (1) 
 that it must be in writing; 4 but typewritten 
 wills are accepted when signed with pen or pen- 
 cil; (2) it must be signed by the testator; (3) 
 it must be acknowledged by the testator as his 
 will; (4) it must be signed by witnesses at the 
 request of the testator. The observance of 
 these formalities as well as the selection of 
 proper words constituting the conveyances are 
 best left to those who have made it a study and 
 not to the novice. 
 
 A will not being questioned until after the 
 death of the testator, when he is unable to tes- 
 tify as to his intentions, depends alone for its 
 execution and validity, upon its language and 
 conformity with the law. And if attacked its 
 strength rests only in the skill of the attorney 
 who drafted the instrument. 
 
 3. Some wills are oral by the testator. That is, in case 
 of imminent peril of death, the testator may call upon 
 witnesses to heed, and then he directs the disposal of 
 his property at the same time stating it is his will. If 
 he dies the witnesses reduce the directions to writing, 
 and such a will is known as a nuncupative will. But 
 death must follow and the writing must be done in a 
 short time. If he recovers or if the writing is delayed 
 the will is defeated. Local statutes also govern. 
 
 4. A will entirely written by the testator himself is 
 known as a Holographic Will. In many states such wills 
 are valid though not witnessed, yet local statute of each 
 state will govern.
 
 230 LAND SUEVEY AND LAND TITLES. 
 
 The attack against the provisions of a will 
 are known as contesting the will, and such suit 
 may be brought by any one who claims an in- 
 terest in the estate. The form of attestation 
 and probate of a will are dictated by the statute 
 of each separate state to which reference must 
 be had for particulars, but it is the general rule 
 that a will must be witnessed by at least two 
 persons, neither of whom is in any manner a 
 beneficiary under the terms thereof. 
 
 Whenever a will is probated in a county or 
 state foreign to the one wherein the land is 
 located, duly certified copies of such will and 
 the probate proceeding should be filed in the 
 local county. A will once probated must remain 
 in the office of the clerk of the court where such 
 proceedings were had, and copies only may be 
 transmitted elsewhere. 5 
 
 SUGGESTION. Have some good and experi- 
 enced attorney prepare your will now. If at 
 any future time you desire to change it you may 
 do so by merely adding a codicil. And do not 
 encumber lands by devising property to the 
 second generation. 
 
 5. It is a very serious offense to destroy another's will 
 after his death, though all property is left to the party 
 who destroys it. In most states it is a penal offense be- 
 cause the court desires an exhibition, or probate, of the 
 will in order to show its provisions, and if the will is 
 destroyed it will so embarrass the title to a property that 
 a costly suit is required to readjust conditions. After- 
 wards, if the beneficiary desires the gifts to go to others 
 he may so transfer them by deed.
 
 CHAPTER XXIV. 
 
 JUDICIAL, SALES. 
 
 In a preceding chapter it was explained con- 
 cerning the sale of lands when it was not prac- 
 tical to make a division of the same among the 
 several owners. While such a sale was by or- 
 der of the court, it was, however, a friendly pro- 
 ceeding and no opposition was urged. The con- 
 veyances herein discussed are likewise had by 
 process of the court but the action is brought be- 
 cause the owner has become delinquent in some 
 agreement or obligation and the sale of his 
 property and the transfer thereof, is made 
 against his will. 
 
 It is a rule at law, as well as a moral rule, 
 that every one should pay his debts; and if 
 he is able so to do the law requires that it must 
 be done. 
 
 Such an instance arises where a debt is ow- 
 ing and remains unpaid after the due date. The 
 debt may be evidenced by note and the note se- 
 cured by a mortgage or trust deed regularly 
 recorded. If in either event the debt cannot be 
 collected and the debtor has property, the cred- 
 itor may bring a suit against the debtor for 
 such payment. If the suit is successful, and the 
 
 (231)
 
 232 LAND SUEVEY AND LAND TITLES. 
 
 shOTi jT s claim allowed, a judgment is entered 
 debt against the debtor, which becomes 
 
 a lien on his property. In due 
 course the proper officer of the court makes a 
 levy on the property and, advertises it for sale 
 at public auction. On the day named the officer 
 makes sale of the property and executes a con- 
 veyance therefor to the highest bidder, who 
 bought it. In some states the former owner has 
 a right to come within some later period and 
 by payment of the debt, interest and costs, he 
 redeems his property and receives it back again 
 as discussed in the chapter on mortgages. 
 
 If the debt had been secured by a pledge or 
 mortgage, and a sale occurs, the process is 
 known as a foreclosure of the mortgage. But 
 if there has been no mortgage and the debtor 
 had made no pledge of his property, not all of 
 it could be sold, as the law allows a certain 
 amount to be set off and exempt from forced 
 sale. Usually the tools of a mechanic, the home 
 and household goods of a married man, are so 
 reserved, but the local statute must be consulted 
 in every instance to determine what amount is 
 allowed in each state. 
 
 When such sale is made the money received 
 therefor, is applied first to the payment of the 
 cost of sale including court costs and attorney's 
 fee; next the debt and interest is paid and if 
 any surplus remains it will be paid to the for- 
 mer owner of the property.
 
 JUDICIAL SALES. 233 
 
 An owner of a property must also pay the 
 
 taxes levied against the same, or his property 
 
 will be sold by proper officer to some one who 
 
 bids enough to pay the tax assessed. 
 
 An owner jf the owner does not redeem the 
 
 must pay 
 
 his taxes. same within a stated time, the pur- 
 chaser receives a deed and under 
 certain conditions he takes possession of the 
 premises. But to redeem the property requires 
 the payment of the original tax, the costs of 
 sale, the interest and often a penalty of double 
 the original tax. 
 
 Any purchaser of a property is bound to take 
 notice of all such conveyances or outstanding 
 interests, as well as of any suit in court pend- 
 ing against his grantor. While a purchaser 
 may receive a warranty deed, the seller may 
 spend his money as soon as received and the 
 warranty be valueless. 
 
 Hence the great necessity of having an ab- 
 stract of title in order to determine the exact 
 condition of the title before payment is made. 
 A purchaser takes a property burdened with all 
 liens, encumbrances and outstanding interests 
 and it is no defense that he had no knowledge of 
 them. The property stands good for 
 The an y such and it should be the rule to 
 
 purchaser 
 
 must know, never accept a property for purchase 
 
 or for a pledge of loan without an 
 
 abstract to show the condition of the title down
 
 234 LAND SURVEY AND LAND TITLES. 
 
 to the latest possible date. Such timely pre- 
 caution has often saved the loss of a life time 
 saving and it is the duty of the seller or bor- 
 rower to furnish such evidence of title to his 
 purchaser or creditor in order that there may 
 be no mistake or fraud. 
 
 SUGGESTION. Review the ten stories in part 
 one of this volume, then visit your abstractor 
 and ask him if there is any tax deed against 
 your property. Also ask him if any losses have 
 occurred in your county on account of the con- 
 ditions named above.
 
 CHAPTER XXV. 
 
 LEASEHOLDS AND MINOR ESTATES. 
 
 In previous chapters the interest discussed 
 was of such nature that it could be sold or 
 passed by inheritance ; it was in fact that inter- 
 est known as the fee. A leasehold is a contract 
 for the mere possession and profits of a prop- 
 erty for a time, the original owner 
 f St 9 a than retaining all his interest of proprie- 
 a fee. torship. And the fact of him having 
 
 leased his property does not prevent 
 him from selling it, devising it by will, or mort- 
 gaging it, during the time of the lease, except 
 that such conveyance is subject to the rights of 
 the lessee. 
 
 Thus it will be understood that a leasehold 
 is a minor estate and expires by its own limi- 
 tations. The estate conveyed by a lease is per- 
 sonal and it is often spoken of as chattels real. 
 The party owning the property and letting it to 
 another is known as the landlord and the party 
 renting is called the tenant. 
 
 The rights, duties and privileges of a tenant 
 under a lease are set out in his contract of lease, 
 and he cannot contract the premises to another 
 
 (235)
 
 236 LAND SURVEY AND LAND TITLES. 
 
 without the consent of his landlord. 
 The lease. 
 
 The reward a tenant pays for the use 
 of a property, whether it be grain or money 
 is known as rent and a lease usually provides 
 for a forfeiture of the contract in default of 
 such payment when due. 
 
 A lease of land for more than one year at a 
 time must be in writing, or the parties will not 
 be bound. There is also a time limit put on 
 leases in most states to avoid a perpetuity, but 
 frequently a lease is entered into for ninety- 
 nine years. When thus executed, during the 
 early life of the lease, the leasehold estate may 
 be more valuable than the fee. When such an 
 extended time is granted, it is understood that 
 the tenant will make valuable improvements 
 and he must have a sufficient time in which his 
 profits may pay for such investments. It is 
 also understood that a tenant will deliver up 
 the property rented at the expiration of his 
 term, in as good condition as when he received 
 it, usual wear excepted. Yet if by fire through 
 no fault of his, or by storm, the premises are 
 damaged, he will not be held for damages. 
 
 A party purchasing a property should always 
 
 ascertain the rights of any one in possession of 
 
 all or any part of the property, as the purchaser 
 
 is bound to take notice of any rights 
 
 Rights of or title that the person occupying the 
 those in , , . r _, . ,, , ,. 
 
 possession, land may have. Though the public 
 
 records are the indexes to ownership
 
 LEASE HOLDS AND MINOB ESTATES. 237 
 
 if a party omits to record any deed or other 
 interest he has in the land, he does so at his own 
 peril. If a tenant has a lease for a term of 
 years it should be recorded to protect him 
 against any sale in which his rights may not be 
 regarded. 
 
 Closely allied to leaseholds of the surface is 
 that contract or lease of the subsurface or lower 
 parts of the earth's crust for development and 
 mutual profit. Such are the lease of land for 
 developments in coal, oil, gas or other sources of 
 wealth within the earth. 
 
 A contract for oil and gas generally provides 
 that the lessee who is also the promoter, will 
 sink his own wells, take care of his own product 
 without injury to the surface crops or improve- 
 ments of the owner, and pay such owner of the 
 land a certain part of the returns together with 
 a fixed sum per acre. Where the field is aban- 
 doned the rights of the lessee terminate though 
 it is most advisable for the land owner to have 
 a regularly executed release to clear his title. 
 
 Coal or mineral lease contracts are usually 
 more important because herein it is understood 
 that the party purchases a fee in the under 
 strata with the privilege of removal of the same 
 as it may prove profitable to him so to do. This 
 removal may and often does, cause 
 
 c .^ a loss to the surface part, by a re- 
 
 nghts. * 
 
 moval of the supporting under vein 
 
 of coal, the "top" settles down, at times caus-
 
 238 LAND SURVEY AND LAND TITLES. 
 
 ing ponds to appear or it may injure the build- 
 ings. Again when a sale of mineral strata has 
 been made the next succeeding deed for the top 
 is frequently worthless as it is usually drawn 
 to convey the surface only of a certain tract of 
 land. Now in fact a surface only has no depth 
 and trouble might easily arise. Tops are often 
 valuable as ever if the mineral vein removed 
 is of sufficient depth that no sinking will occur. 
 But in purchasing top be careful to see that you 
 get a surface of some depth, and never take a 
 deed conveying the surface only. 
 
 Another form of quasi-title is what is known 
 as easements and these are usually the right 
 of use for passage. It may be a contract for a 
 roadway across a field, a privilege to establish 
 and maintain a drain, a right to use in common 
 a stair or hallway; or it may be the privilege 
 
 of using a wall or side of one build- 
 Easements. . .. . . 
 
 ing to attach another building, or it 
 
 may be the privilege of using a well or cistern 
 in common. Such rights and privileges are per- 
 sonal in their nature but restrict the absolute 
 enjoyment of the real estate they affect. They 
 may run with the land but the contract itself 
 must be examined to determine, and in purchas- 
 ing a property easements are to be considered 
 either as liens or encumbrances, or as benefits, 
 owing to which property is affected. 
 
 Another interest is acquired by a bond for a 
 deed. This is in fact a contract of purchase
 
 LEASE HOLDS AND MINOB ESTATES. 239 
 
 and sale providing if certain conditions are ac- 
 complished and the specified payments are 
 made, the owner will then execute a deed to 
 the property. But if default is made in the 
 payments, the bond is forfeited, the seller is re- 
 lieved and the amounts paid are lost. A full 
 release of the bond should be had in order to 
 relieve the title of the cloud or presumptive 
 right of the purchaser. 
 
 Unreleased mortgages though long since paid ; 
 forfeited contracts though not released; ease- 
 ments no longer enjoyed though perhaps con- 
 veyed ; these are known as defects in 
 H! ^?, on a title and are commonly spoken of 
 
 the title. ' 
 
 as flaws. If an owner of any of these 
 privileges also acquires the fee, the title is said 
 to clear by fact of the two interests merging 
 into one ownership. 
 
 Purchasers of property should be sure of the 
 title they are getting before making settlement, 
 because no one wants to buy a lawsuit. Every 
 outstanding interest should be acquired and 
 there should be no omission, real or apparent 
 that is not explained. Timely precaution saves 
 worry, costs and losses. 
 
 SUGGESTION. Have some good lawyer exam- 
 ine your abstract to determine if there are any 
 clouds on your title; if you own more than the 
 surface only; if all mortgages have been re- 
 leased; if no one in possession has an adverse 
 claim.
 
 CHAPTER XXVL 
 
 ADVERSE TITLES. 
 
 Much has been said concerning the conditions 
 of a title but here is introduced a title akin to 
 that studied in previous chapters though it is 
 one opposed to it. 
 
 Adverse titles may arise from different 
 sources and their real value will rest on the 
 validity of their origin. One of the most com- 
 mon forms is that title acquired through the 
 negligence of the real owner and his omitting 
 to pay the taxes on his property. Taxes are 
 said to be sure as death, and the tax collector 
 can be no respecter of persons. 
 
 If an owner by negligence or oversight omits 
 to pay his tax, after a reasonable time has 
 elapsed, the county collector of taxes on a day 
 advertised, will offer the property for sale. 
 Some one who bids it in, pays the tax and re- 
 ceives a certificate of purchase, which if the 
 owner does not redeem in a spec- 
 ified time, will entitle the holder 
 to a deed. This tax deed when issued in 
 conformity to law will give the grantee there- 
 in named an adverse title to the premises and 
 if he is disposed to push his claim and can 
 
 (240)
 
 ADVERSE TITLES. 241 
 
 find the property unoccupied, he can establish 
 his claim paramount to that of the former owner. 
 More frequently tax titles are considered only 
 as a cloud on the title and no great importance 
 is attached to their existence. It is well, how- 
 ever, for the owner of the fee to acquire the 
 interest of the holder of a tax title, by a quit 
 claim deed, and trouble is then averted for all 
 time. 
 
 Any interest, real or apparent outstanding or 
 held by another than the owner of the fee is con- 
 sidered an adverse interest and should be ac- 
 quired. 
 
 Adverse title arises some times by error in 
 description when a property is conveyed. A. 
 may mortgage or deed to B. a farm or lot, and 
 by mistake of the scrivener, the mortgage or 
 deed may in fact omit the property intended 
 to be conveyed to B. and may describe the home 
 of C. The error may be discovered, and A. may 
 execute a new deed to B. to correct the error, 
 but B. will also have a conveyance, for the home 
 of C., by adverse title. B. may relieve the situ- 
 ation by executing a quit claim deed to C. and 
 conditions will again be adjusted. 
 
 Adverse possession is a matter of graver im- 
 portance than adverse title and must be scru- 
 tinized with more care by those interested in a 
 property. The statutes of the several states 
 provide that if a party holds possession of a 
 
 16
 
 242 LAND SUBVEY AND LAND TITLES. 
 
 property for a specified time ranging usually 
 
 from ten to twenty years, that he has proved 
 
 his title by adverse possession and this law so 
 
 governing the right is called the Stat- 
 
 Adverse u te of Limitations. The law, how- 
 pOBsession. 
 
 ever, makes certain provisions as to 
 
 how the possession must begin, and it also re- 
 quires that it must be open to the world, con- 
 tinuous, and that the adverse claimant must pay 
 the taxes, etc. While the term must be com- 
 plete, it is not necessary that one man alone 
 must remain the full time; he may sell to a 
 second and he to a third or even more, but the 
 entire time of adverse possession must equal 
 the term set by the statute. 
 
 The law also requires that the term shall be- 
 gin when some one has acquired a color of title 
 by deed, contract or otherwise and that if the 
 first taker takes by lease or by any friendly 
 act from the real owner the possession will not 
 ripen into adverse even though prolonged be- 
 yond the required period. 
 
 It is also a fact that the law or limitations 
 will not run against those under legal disability 
 such as minors, lunatics, etc., until a reasonable 
 time after their disability is removed. It is a 
 frequent report that because a man has owned 
 a property for more than twenty years he has 
 a good title and can make a good deed. Do not 
 be deluded by any such rule because the excep-
 
 ADVERSE TITLES. 243 
 
 tion may prove the contrary. 1 The statutes of 
 the state not only provide a time for a pos- 
 session to ripen a title but it further provides 
 a method of proving the same by a decree of 
 court. The suit brought to supply missing links 
 and to cure deficiencies is called a suit to quiet 
 title and operates on the theory that 
 
 S uiet Utle ^ & ^^ * S Se * ^ OI * a P ar ty ^ come 
 
 into court and enter his claim and 
 
 1. An incident coming to the attention of the author 
 disproves the infallibility of the rule of statute of limi- 
 tations making good a title. A. living at a distance from 
 his property leased his farm to B. Soon afterward A. 
 was committed to the hospital for insane of his native 
 state. At this time he was a bachelor and having been 
 somewhat of a recluse little was known of his business 
 and his conservator overlooked his ownership of the farm. 
 He was about thirty years old when committed and lived 
 to the extreme age of ninety years. At his death he left 
 surviving him a nephew C., his sole heir, who was then 
 a mere boy of some ten years old. Counting sixty years 
 of commitment and eleven for the nephew to attain his 
 majority makes seventy-one years that the farm was in 
 adverse possession of strangers. 
 
 B. after living on the farm a few years, and assuming 
 ownership, sold and conveyed it to D., who in turn deeded 
 it to E., and so it was transferred several times until the 
 last owner H. had lived on it thirty years himself. 
 
 C., on coming of age, by some means discovered his 
 inheritance and much to the last owner's surprise, de- 
 manded a surrender of the property. By decree of the 
 supreme court of the state H. was deprived of his prop- 
 erty and it was restored to C., the legal heir of A. 
 
 Thus does the exception disprove the rule, that "twenty 
 years' positive possession proves a good title."
 
 244 LAND SUEVEY AND LAND TITLES. 
 
 he fails so to do, by decree of court he is then 
 barred from ever after appearing to annoy the 
 owner of the property and the title is freed from 
 any claim he may have. 
 
 The suit however, to become absolutely ef- 
 fective must be conducted strictly in accordance 
 with the statute and an owner of a property 
 who has such a suit instituted in his behalf can- 
 not be too careful in selecting his attorney to 
 conduct the case. 
 
 As in the payment of taxes an owner of a 
 property must also pay any bill he may contract 
 for improvements. If he purchases material 
 for any improvement on his place or hires any 
 one to construct any building or other improve- 
 ment, he is not only personally lia- 
 Mechanic's j^ tmt }$ property is also liable for 
 the payment of the account. And if 
 the debt is not paid promptly the materialman 
 or the mechanic and laborer may file a lien 
 against his place and such lien is known as a 
 mechanic's lien. This lien must be filed within 
 a reasonable time after the account is due and 
 then if it is not prosecuted it will die. The local 
 statute governs the conditions and must be con- 
 sulted for particulars. 
 
 There are many conditions arising that might 
 occasion questions as to the validity of a title 
 and the examiner is often driven to pass some
 
 ADVERSE TITLES. 245 
 
 owing to the remote probability being sufficient 
 to outweigh the bare possibility of contention. 
 
 SUGGESTION. Examine your abstract and de- 
 termine if there is any missing link. If so, 
 spare no pains to supply it by affidavit, quit- 
 claim deed or suit at law.
 
 CHAPTER XXVH. 
 
 LAND VALUES AND THEIR INCREASE. 
 
 "I tell you, young man, no investment on 
 earth is so safe, so sure, so certain, to enrich 
 its owner as real estate." Cleveland. 
 
 The soil is the basis of all wealth, as it is 
 also the source and the agent by means of which 
 the necessities of the human race must be satis- 
 fied. 
 
 The inhabitants of the earth are dependent on 
 
 it and on it alone for their existence in every 
 
 particular, either directly or indi- 
 
 The earth rectlv. With the greater organized 
 
 and its 
 
 fullness. agencies of political life the fact that 
 each individual must look to mother 
 earth for his every physical comfort, grows 
 more remote, until at times it seems to be for- 
 gotten. 
 
 To begin the investigation let the hypothesis 
 assume a single family living in a remote dis- 
 trict, removed from the present enjoyment of 
 diversified labor and special trades. 
 
 Here, then, Crusoe like, the earth and the 
 fullness thereof supports the family individually 
 and collectively. As times weaves the mantel 
 of years and the population of the district in- 
 
 (246)
 
 LAND VALUES AND THEIB INCREASE. 247 
 
 creases, the natural products will no longer 
 support the community in indolence. Effort 
 must be put forth to assist nature ever ready 
 to respond to man's influences and to yield to 
 his labor. 
 
 Were the district a swamp region, drainage 
 must be established to bring waste acres under 
 cultivation to provide added returns. Were it 
 a desert tract, irrigation systems must be 
 erected and maintained for a like purpose. To 
 accomplish this end certain individuals are as- 
 signed the task of effecting the plan of drain- 
 age, and they are relieved of the labor of crop 
 production in return therefor. But were it not 
 for the returns from the soil those first removed 
 from direct labor in immediate contact with 
 the earth, could not be supported. 
 
 Natural abilities of the individual will also 
 segregate him to do certain fixed tasks and one 
 will make the shoes of many because he can do 
 it better and because he prefers this task to 
 other labor. 
 
 The colony grows and extends over more ter- 
 ritory; individuals desire to communicate or 
 visit relatives and friends who live at remote 
 distances of the district. Post roads at first, 
 then the railroad, telegraph, telephone, mail 
 and other means of communication 
 J he , A are established. Each department 
 
 development 
 
 of trades, demands a set of operatives to erect 
 and maintain it, to carry product and
 
 LAND SURVEY AND LAND TITLES. 
 
 communications from one to another. Each de- 
 partment requires the selection, adjustment and 
 transportation of some natural resource of the 
 earth to establish the physical equipment. 
 
 Forests must be felled, trees be converted in- 
 to lumber, lumber shaped into suitable sizes and 
 conditions to produce buildings, etc. Minerals 
 must be mined, milled, smelted and moulded to 
 the necessary materials used in connection with 
 the wooden products. 
 
 Coal, oil or gas must be had and controlled 
 to enable the workers to mould the metals, to 
 shape machinery that the feeble physical ef- 
 forts of man may be multiplied to accomplish 
 the feats of power displayed in our engines and 
 machines. Others are busy constructing ma- 
 chines to harness the power of the waterfall or 
 energy of the wind and wave, in order that this 
 too may be applied to the individual need or 
 comfort of man. 
 
 And mother earth grows the forests; she 
 yields the metal and the fuel; from her is de- 
 rived that fount of electricity so powerful in 
 its action. And whether it is a field, a fount, 
 a mine or a waterfall that is possessed, it is 
 the real source of all human existence. 
 
 This volume has much to do with the idea of 
 an agricultural ownership, though the absolute 
 ownership and rules governing titles apply as 
 well to business lots, to subsurface areas, etc., 
 as to the cultivated fields.
 
 LAND VALUES AND THEIR INCREASE. 249 
 
 The plains, valleys, forests and prairies in 
 their natural condition are valuable for their 
 potential wealth, but with the development of 
 civilization and the immense increase in popula- 
 tion, places and points of agricultural impor- 
 tance increase in value not only on account of 
 productivity of crops but as well on account of 
 some stragetic position with reference to the 
 exchange of trade. 
 
 Forests yield immense wealth in the first har- 
 vest of the lumber and in later years the hills 
 and mountains are replanted to trees, that their 
 value will continue in the returning yields of 
 commercial timber which time will soon pro- 
 duce. At this writing the government has un- 
 der way the removal and reforesting of the Kai- 
 bah National forest in northern Arizona, which 
 contemplates a contract covering twenty-five 
 years. Or when the first fortune in timber is 
 harvested the land is cleared and then as with 
 the prairies, the soil produces countless fortunes 
 in grains and other crops aided by the agri- 
 culturist. The term agriculturist is employed 
 to represent the farmer, the fruit grower, the 
 horticulturist and the ranchman, etc. ; those who 
 harvest their income from the annual crop of 
 the soil both directly and indirectly. 
 
 The farmer by scientific management and 
 prudent care of his soil and seed is able to reap 
 a return that creates a value of one thousand
 
 250 LAND SURVEY AND LAND TITLES. 
 
 dollars per acre in his farm. This is not alone 
 
 in planting one crop of corn after 
 
 The farm another, but by a proper rotation of 
 
 our greatest crops, with the correct fertilization 
 wealth. 
 
 of soil and right conditions of feed- 
 ing and marketing. By such a process aban- 
 doned farms of New England, impoverished by 
 abuse and theft of soil elements, are being re- 
 claimed, and children of those who left im- 
 proved homesteads for pioneer life on more vir- 
 gin soil, are returning and rehabitating the de- 
 serted places. With the aid of science at his 
 command the young man is going East to ' ' grow 
 up with the country." 
 
 Horticulture has perhaps produced the most 
 intensive farming and returned the greatest 
 profits from the smallest area. Within the past 
 month a man in California has had one pear 
 tree insured for thirty thousand dollars, basing 
 its value on the crop returns for the past few 
 years. This tree alone, it is claimed, yields its 
 owner over four thousand dollars per annum. 
 
 The possibilities of agriculture are yet so un- 
 developed that no prophesy can foretell what 
 return of effort or what per cent of income, 
 science and intelligence will soon produce for 
 the investment in land and the effort in tilling 
 the soil. 
 
 In addition to the fortunes harvested from the 
 surface of the earth, there is untold wealth
 
 LAND VALUES AND THEIR INCREASE. 251 
 
 hidden beneath, awaiting when the ingenuity of 
 man will bring it forth for active use. 
 
 Much has been done to develop the subsur- 
 face in many sections and millions have been 
 produced from the mines. Gold has been per- 
 haps the most common form of ready and profit- 
 able return in the United States. And the first 
 gold discovered in California was found within 
 an old millrace, in a section of little value be- 
 fore the discovery. 
 
 Coal deposits in the varying forms and kinds 
 have paid fortunes untold into the hands of its 
 promoters. Copper mines have produced im- 
 mense fortunes ; zinc, lead, iron and other metals 
 return millions every year. Oil and gas have 
 given unmeasured wealth for many years and 
 all of these have come from mother Earth. Ap- 
 parently unproductive clay hills have been the 
 fount from whence millions in oil have been 
 secured. 
 
 There is living in the author's home town a 
 man who some years ago refused to exchange 
 a team of ponies for an eighty-acre farm cor- 
 nering on what is now State street, in the city 
 of Chicago. Any of those single acres would 
 today yield him an independent income and not 
 from its surface productions nor on account of 
 its mines of mineral wealth, but only because 
 it is so situated that it is needed to serve as a 
 place of assembly in one of the most famous 
 commercial marts of the world.
 
 252 LAND SURVEY AND LAND TITLES. 
 
 A short time ago no one placed any value on 
 the sand dunes about the southern shore of 
 Lake Michigan. Yet almost in a night a city 
 grew, giant furnaces appeared until now the 
 value of a main corner in the city of Gary is 
 valued at enough to measure many a fortune. 
 
 Thus is the value of the earth unmeasured and 
 the wealth in possessing a part of it unknown. 
 Surface returns of vegetable life, subsurface 
 yield of minerals or stragetic position of loca- 
 tion, either one has possibilities which the fu- 
 ture alone will determine. 
 
 SUGGESTION. Eead again what Beecher and 
 Cleveland said. If you own no real estate, 
 begin today to save for it. Visit the office of 
 your savings bank or building and loan associa- 
 tion, open an account with it, and ere long you 
 can buy a home.
 
 CHAPTER XXVIII. 
 
 CERTIFICATES OP TITLE AND TITLE INSURANCE 
 POLICIES. 
 
 In Chapter XIII the abstract of title was 
 explained so the reader understands what it is, 
 how it is compiled and what purpose it serves. 
 
 But, being only a condensed exhibit of the 
 records it does not pretend to explain the con- 
 dition of the title nor will it in itself protect a 
 purchaser from any defects that might exist. 
 Its validity and value lie in it being a true epit- 
 ome of what is of record that in any way will 
 affect the title to the property under 
 Value consideration. Unless one is able to 
 
 abstract. read the abstract intelligently and 
 except he understands the laws of 
 the place governing real estate transactions, 
 his abstract alone will do him little good yet 
 with the aid of a written opinion from a compe- 
 tent attorney, he may know and understand the 
 exact condition of his title. At any time, how- 
 ever, he can exhibit his abstract that a pur- 
 chaser or mortgagee may satisfy himself of the 
 merchantability of the title and be willing to 
 rely on the title as exhibited to buy the prop- 
 erty or to close a loan on it as security. How- 
 
 (253)
 
 254 LAND SURVEY AND LAND TITLES. 
 
 ever, it must be understood at all times that 
 an abstract does not per se make or insure a 
 good or a merchantable title. 
 
 In the more settled portions of the United 
 States, where conveyances are many owing to 
 the age of the titles, and where the abstracts 
 are over bulky and cumbersome on account of 
 the extensive history in the exhibit, other f orms, 
 more convenient to handle, have been devised 
 for owners and purchasers. 
 
 Companies have been formed and corpora- 
 tions have been organized whose purpose it is 
 to make examinations of titles and then over 
 their signature they will issue a statement set- 
 ting out the condition of the title. Before any 
 such statement can be made the company itself 
 must have prepared an abstract of title to the 
 property and had the same examined by one of 
 its attorneys. 
 
 This attorney will after an examination of 
 the abstract write the result of his investiga- 
 tion, setting out who is the owner of the prop- 
 erty, or if more than one, what interests the 
 several owners have; he will also state what 
 liens or encumbrances affect the property and 
 what easements impose or attach. So far it is 
 just as heretofore explained in the compiling 
 and examination of the abstract. 
 
 But from now on the process changes and in- 
 stead of delivering the separate abstract and
 
 TITLE INSURANCE POLICIES. 255 
 
 opinion of the attorney to the owner of the 
 property, the company will issue him a certifi- 
 cate of title or a guaranty policy and will it- 
 self file away in its vault the ab- 
 Titie stract and the examiner's opinion on 
 
 insurance. r 
 
 the title as based on the exhibit of 
 the records by the abstract itself. The certifi- 
 cate of title is an absolute statement of the 
 facts concerning the condition of the title, made 
 over the signature of the company, setting forth 
 who are the owners, what is their interest in 
 the property, what are the encumbrances, if 
 any, and anything else that may affect the va- 
 lidity of the title. This certificate is an abso- 
 lute statement and must not be confused with 
 the certificate at the close of the abstract which 
 merely asserts that the records are properly 
 shown. (See page 157.) 
 
 If the company should err in its judgment and 
 the purchaser or mortgagee should lose through 
 such error, the loser would have recourse 
 against the company issuing the certificate, to 
 the extent of his loss. This form of certificate 
 is not universally used and is employed in cer- 
 tain localities where the statute of limitation 
 is strong against defects of long standing. 
 
 A guaranty policy or policy of title insurance 
 is issued in the same way as the certificate of 
 title but is not necessarily so broad in its state- 
 ments nor so far reaching in its provisions.
 
 256 LAND SUBVEY AND LAND TITLES. 
 
 As there is insurance against loss by fire, 
 against accident, etc., so this form of insurance 
 or security from loss in title to real property 
 is arranged in much the same manner. The 
 title insurance company will, for a specified 
 sum, issue a policy to the owner of a property 
 protecting him against loss by reason of de- 
 fects in title. Or it may issue a policy to a 
 mortgagee insuring him against loss of his 
 money by reason of title, etc. It may even 
 guarantee the payment of his mortgage when 
 due and if payment is not so made the company 
 will take the mortgage, pay him his money and 
 make the foreclosure if necessary. 
 
 Or if there is an easement running with a ti- 
 tle for or against its benefit, the title insurance 
 company will issue its policy for the protection 
 or the enjoyment of the easement or against 
 its encroachment on the property as the case 
 may be. Ofttimes titles lose their merchanta- 
 bility for the time being especially during the 
 probating of an estate. If an owner dies leav- 
 ing heirs all of legal age, they may at once de- 
 sire to sell the property, and under the law the 
 title to the property would be liable to any 
 indebtedness of the decedent until the probate 
 was complete. The company can at once act as 
 an intermediary issuing its policy to the pur- 
 chaser, insuring him against loss from claims 
 probated and protecting itself by receiving and
 
 TITLE INSURANCE POLICIES. 257 
 
 holding the purchase money until the estate is 
 settled and the probate is completed. 
 
 Of course the conducting of such a business 
 is profitable only where population is dense and 
 where demands are great. And the promotion 
 of such a company requires a vast amount of 
 capital, though the profits from its operations 
 rightly managed have proved a good investment 
 to the stockholders, in the dividend returns. 
 
 The most extensive and successful company 
 of this kind in the central United States is the 
 Chicago Title and Trust Company, with assets 
 valued at over seven million dollars, while the 
 Title Guaranty Company of New York City has 
 a capital and surplus of over sixteen millions. 
 On the Pacific coast guaranty policies are rather 
 in more common use than is the abstract and 
 the same is rapidly becoming so among the Gulf 
 States. 
 
 However, be the title insured or guaranteed, 
 both the guaranty certificate or the policy of in- 
 surance is founded on the conditions of the 
 title as it is disclosed by an abstract. The ab- 
 stract prepared for the basis of the policy or 
 the certificate may not be so elaborate as the 
 one issued for circulation, but it has given in 
 it all the essentials of the records, so that the 
 examiner can be assured of the conditions ex- 
 isting, in order that he may or may not recom- 
 mend that his company shall issue a certificate 
 
 17
 
 258 LAND SUEVEY AND LAND TITLES. 
 
 or policy ; or in case a policy is to be issued he 
 can advise what exceptions are to be made or 
 modifications included from which the guaranty 
 of loss is to be excluded. 
 
 An instance of a certificate not making such 
 an exception is cited in a late case from Mis- 
 souri. See (Dodd v. Williams, 3 Mo. App. 278; 
 also Bank v. Ward, 100 U. S. 195). The certifi- 
 cate stated that "as per the county records 
 and the index to such records" the title to the 
 land in question was "good" on the day of the 
 date of such certificate in one William King 
 "and that there was no incumbrance thereon 
 nor any lien thereon save for certain taxes 
 therein specified." It is a fact, however, that 
 a trust deed was then of record purporting to 
 mortgage the premises under examination, yet 
 executed by one who at the time had no title of 
 record. The mortgagor later acquired title and 
 this then made good the lien on the title that 
 had been certified "good" in William King. 
 
 Justice Bakewell in his remarks when he ren- 
 dered the decision of the appellate court says 
 in part, that ' * an examiner of titles is bound to 
 know the state of the law on the subject, at 
 least sufficiently to put him on his guard; 
 and where there may be a reasonable doubt 
 as to whether such or such a recorded in- 
 strument is a lien, if he choose to resolve the 
 doubt he does so at his own peril. If he
 
 TITLE INSURANCE POLICIES. 259 
 
 does not choose to assume this liability he 
 may easily avoid it by noting in his certifi- 
 cate every question which arises upon the 
 title as to which there can be the slightest 
 doubt in his mind; or he may avoid the 
 liability by giving a list of such deeds and 
 incumbrances and abstain from expressing 
 any opinion as to their legal effect." 
 The great advantage of a policy of title in- 
 surance issued by a reliable company is in the 
 fact that while the title itself is in no wise im- 
 proved by the policy issued, yet any possible 
 chance of a loss by reason of a hidden defect 
 is borne by the company so issuing 
 oMitie ^ e P ^ ^- The company then bears 
 insurance, the burden and worry of loss just as 
 a fire insurance company carries the 
 risk. If no loss occurs, if the title is not at- 
 tacked, the premium paid for the policy is profit 
 to the company; but it has stood ready at all 
 times to defend the owner and his title against 
 any possible contingency. 
 
 The records may show a perfect title and yet 
 the owner of a property may be in danger of 
 losing it. No record in itself can disclose 
 whether or not one of the deeds had been 
 forged; or if the wife's name had been ob- 
 tained through fraud; or if the first wife had 
 died and the husband had married another 
 Mary, and that a deed from him and the second
 
 260 LAND SURVEY AND LAND TITLES. 
 
 wife did not convey the property formerly con- 
 veyed to Mm and the first wife jointly. 1 
 
 Nor can any record or an abstract disclose 
 that a grantor in one of the deeds was either 
 a minor, a profligate or a lunatic at the time of 
 its execution. These risks and others are al- 
 ways present even though the records and the 
 abstract disclose an unbroken chain of title. 
 
 And when a guaranty certificate or policy of 
 title insurance issues to an owner, the company 
 assumes the burden of these possibilities and 
 stands ready to defend the owner against at- 
 tack; and if his title is attacked and he suffers 
 loss, it will repay him according to the tenor 
 of the contract for indemnity. 
 
 1. An instance of such a case came to the notice of the 
 author from Spokane, Washington. A man and wife 
 owned jointly a property, it being a valuable corner in 
 the downtown district. While they were sojourning in 
 a foreign state the wife died. The husband later married 
 another wife of the same given name as the former. 
 When he sold his interest in the property, the wife of 
 same name joining gave the record the appearance that 
 all interest had been conveyed. Some years after two chil- 
 dren of the first wife appeared and claimed their half 
 interest which the courts awarded them. At that time 
 it was improved with a sky scraper and the supposed 
 owner had to pay some several hundred thousand dollars 
 additional for the property he fully believed to be his own 
 already and which his abstract so showed and which his 
 attorney had so pronounced.
 
 TITLE INSURANCE POLICIES. 261 
 
 A FEW CONCRETE ARGUMENTS AND CASES IN POINT. 
 
 (1) Anthony Clark was a resident of Law- 
 rence county, Indiana, and the owner of one 
 hundred and sixty acres of land. Being desir- 
 ous of providing for the future maintenance of 
 his wife and children, he conveyed this land by 
 deed to his wife, Emily Clark, March 6, 1876. 
 
 The deed provided that she should hold this 
 land during her life, or widowhood, in the event 
 she should become his widow, but that after her 
 death or future marriage the estate should pass 
 to his heirs by his wife, Emily Clark. He pre- 
 sumed, apparently, that his wife would survive 
 him, and after her death he sold the land for 
 $2,109.70 to A. W. Shirey, who was a well-known 
 merchant of Milburn, Indiana. 
 
 Shirey went into possession under this deed 
 and remained in possession for eleven years, 
 when the supreme court decided that the land 
 belonged to the heirs of Emily Clark, deceased, 
 and divested the title out of A. W. Shirey and 
 vested the same in said heirs. 
 
 (2) Croker and wife mortgaged some real 
 estate, of which they were the owners in the 
 city of Chicago, to one Boone. A short time 
 after the instrument was recorded in the proper 
 office all the records were destroyed by fire. A 
 few years later, but before the mortgage was 
 satisfied, Croker and his wife sold the same 
 property to one Steele.
 
 262 LAND SUEVEY AND LAND TITLES. 
 
 Later when Boone attempted to foreclose his 
 mortgage, Steele filed a bill in chancery to en- 
 join him from proceeding, alleging that no such 
 mortgage was ever executed, that the complain- 
 ant was a bona fide purchaser for value without 
 either actual or constructive notice of the ex- 
 istence of any prior deed or mortgage on the 
 property. 
 
 The testimony showed that before Steele pur- 
 chased the property he had his attorney exam- 
 ine an abstract of title to the property, but 
 there was nothing on the abstract to show that 
 it was full and complete. 
 
 The court held that the fact that the rec- 
 ord was destroyed in no manner affected the 
 notice afforded by the recording; that Steele 
 was bound to know that it had been recorded, 
 even though the records were destroyed. 
 
 Boone was permitted to proceed with the 
 foreclosure and Steele was compelled to stand 
 by and see the land to which he had a deed put 
 up and sold under mortgage, the existence of 
 which he knew nothing of at the time he pur- 
 chased the property. (Steele v. Boone, 75 111. 
 457.) 
 
 (3) In a case from Pennsylvania, a father 
 executed a deed to his son, but for some reason 
 did not deliver it. After his death the deed 
 was placed on record and the son secured a 
 mortgage on the property. Subsequently the 
 other children by bill in equity had the deed
 
 TITLE INSURANCE POLICIES. 263 
 
 set aside. The son lost his property and the 
 mortgagee lost his security. 
 
 Another case from the same state is cited 
 where the son having the same name as the 
 father executed a mortgage and obtained a loan. 
 Later it was discovered that the incumbrance 
 was not executed by the real owner but by one 
 who had no present interest. 
 
 (4) In the case of John F. Dietz reported in 
 note 1 of Chapter XV, had he secured a policy 
 of title insurance in place of a shotgun, at the 
 time of closing his purchase, the guaranty com- 
 pany would have made good his loss, would have 
 fought his battle for him in the courts, and not 
 from behind breastworks; no lives would have 
 been sacrificed and John F. Dietz of Cameron 
 Dam, Wisconsin, would no doubt, be living hap- 
 pily with his family today, in place of serving 
 a life sentence in prison. 
 
 And as a further economic proposition, the 
 guaranty policy would have cost him so much 
 less than all the other, exclusive of the mental 
 anguish. 
 
 Many other instances could be cited where 
 the possession of a title insurance policy would 
 have protected the holder, but not having it 
 great loss was sustained. 
 
 SUGGESTION. Visit the office of your abstract- 
 er and determine if you need a title insurance 
 policy.
 
 CHAPTER XXIX. 
 
 THE TORRENS SYSTEM OF LAND REGISTRATION. 
 
 In the preceding chapters herein, the trans- 
 fer of land ownership, the record or proof of 
 the same and the manner of exhibiting that own- 
 ership and proof has been considered by one 
 method only. 
 
 There are in fact more systems or plans of 
 dealing with land, each vastly different from 
 the other and each applicable no doubt to the 
 conditions of the country where it obtains. We 
 may classify at least four different methods of 
 land transfers or systems of conveyancing. 
 
 The English system, the one employed in 
 Great Britain especially, is no doubt the sim- 
 plest, and as suggested in chapter XIII, it re- 
 lies principally on the law of primogeniture or 
 it could not exist on account of its meagerness. 
 But in the English countries the ti- 
 
 Law of ties consist chiefly of family histo- 
 mhentance . ., . 
 
 in England, ries or pedigrees and charts 01 re- 
 lationship ; and where an heir inher- 
 its, all the papers and family records go with 
 the land. In case of a transfer it is more a 
 matter of proving the owner, who is the next in 
 line of inheritance of a former owner, than any 
 
 (264)
 
 TOBBENS SYSTEM OF LAND EEGISTBATION. 265 
 
 other condition of title, and family records and 
 family trees are consulted rather than any pub- 
 lic record. Since estates remain in the family 
 and pass by inheritance the family record be- 
 comes the important one; and it is a matter of 
 some interest to note that more than one-half 
 of all England and Wales is owned by twenty- 
 five hundred persons only. 
 
 The method of obtaining a loan under this 
 system is simple and secret. The proprietor 
 merely deposits his title papers, like he would 
 deposit his jewelry in this country to pawn, and 
 the lender thereby obtains an equitable lien on 
 the estate. 
 
 The second system, that of making a copy 
 of the instruments of transfer in a public rec- 
 ord is known as the recording system, is the 
 one employed in the United States, 
 Recording an( ^ nas ^ een explained at length in 
 system of previous chapters. In some modified 
 transfer. form it is also used in nearly all of 
 the countries of Europe, two counties 
 in England, parts of Asia and Africa, the re- 
 publics of Central and South America. 
 
 Another system known as the judicial system 
 is found in Germany, Sweden, Turkey, parts of 
 Mexico and a few other places, where the trans- 
 fers are taken account of by the courts and 
 judicial entries are made determining the new 
 owner.
 
 266 LAND SUKVBY AND LAND TITLES. 
 
 The fourth system is based originally on the 
 theory that there is but one estate in land, that 
 of absolute ownership, and the party in posses- 
 sion is the real owner. Were this always true 
 the plan would be simple enough and a list of 
 the several owners with their estates would 
 comprise a complete record of the titles. 
 
 The first lists prepared of such ownership 
 was no doubt the one supervised by William the 
 Conqueror in 1066, when the Doomsday Books 
 were compiled under his direction. 
 
 In 1858, Sir Robert Richard Torrens, an Eng- 
 lish lord and governor in Australia, conceived 
 a plan of listing the several tracts and owners 
 in his province, to show the estates and by whom 
 they were held. He also conceived 
 The Ton-en's the idea of keeping trace of the ex- 
 of S iand changes by means of a system of 
 
 registration, bookkeeping, and this system in its 
 several modifications is what is 
 known as the Torrens system of land registra- 
 tion. 
 
 Its chief aim is to simplify the method of 
 transfer of real estate and contemplates that 
 when one man desires to transfer his right or 
 possession to another, they two will go before 
 the registrar and the seller will present his cer- 
 tificate showing his ownership at the same time 
 directing the registrar to make out the new 
 slip in the name of the purchaser and thus the 
 trade is completed.
 
 TOBEENS SYSTEM OF LAND REGISTBATION. 267 
 
 A very simple process indeed; no more trou- 
 ble than the payment of one's taxes. True, if 
 there was nothing more to be considered than 
 the tenancy of the property and this is about 
 all that obtained in Australia when the system 
 was devised. Conveyancing by bookkeeping as 
 it is termed was simple enough then. But even 
 in Australia since the crown has alienated the 
 lands and recording acts have been enacted the 
 system is extremely complicated and not abso- 
 lutely sure in fact. 
 
 Another feature of the system is the proposal 
 of the setting aside a part of the registry fee, 
 and the amounts so set aside to constitute a 
 fund to be held by the county to make good the 
 loss occasioned to purchasers by error of the 
 clerk. This feature has, however, proved a joke 
 rather than a fact, because the fund after many 
 years of operation is not enough to make good 
 against one vital error. 
 
 With the Declaration of Independence title to 
 all lands in the United States was divorced 
 from royalty and became vested in the sover- 
 eignty of the people. The title has by the en- 
 actment of Congress and laws of legislative bod- 
 ies been divided and transferred until all lands 
 not now controlled by the United States G-ov- 
 ernment or by some state, is owned and pos- 
 sessed by some individual. The laws of our 
 land direct how the title is transferred from
 
 268 LAND SURVEY AND LAND TITLES. 
 
 parent to child, from seller to purchaser, etc. 
 The laws even direct the form of the instrument 
 to be used in the making of such transfer. 
 
 As discussed in previous pages, the transfer 
 either by deed or devise is not always made com- 
 plete, so that courts of competent jurisdiction 
 are required to assist in determining the rights 
 of the several parties in interest. 
 Weakness Under the Torrens system, one man. 
 Ton-ens ^ ne registrar, a man elected by a pop- 
 law, ular vote, is made judge of the le- 
 gality and completeness of each and 
 every transfer. And when he has cancelled one 
 certificate and stamped another it is considered 
 the transaction is closed and the ownership of 
 the new proprietor cannot be questioned. How 
 may the registrar know all the fine interpreta- 
 tions of a will in order to issue certificates of 
 ownership to the proper heirs I How may he in 
 fact know that the holder presenting a certifi- 
 cate for cancellation is the true owner? Cer- 
 tificates have been forged and costly suits in- 
 curred by the owner in getting the matter ad- 
 justed, and the loser has no recourse against 
 the indemnity fund. 1 
 
 1. It is related that A. owned two city lots on a prom- 
 inent corner in the city of Winnipeg. The northern bound- 
 ary did not extend true east and west but at an angle 
 of 84 east. The west line measured 150 feet 9 inches. 
 A. sold to B. that part of the lots described as "beginning
 
 TORBENS SYSTEM OF LAND REGISTRATION. 269 
 
 It is also often argued by advocates of the 
 Torrens system that all titles are direct from 
 the Government. That when an owner parts 
 with a property it is first transferred back to 
 the Government, then the Government conveys 
 the property to the new owner. That by such 
 a system all titles are rejuvenated at every 
 
 at the northwest corner of lot one; thence south 70 ft; 
 thence easterly parallel with the north line of said lots 1 
 and 2 to the east line of said lot 2; thence north to the 
 northeast corner of said lot 2; thence westerly along the 
 north line of said lots to the place of beginning, all in 
 block number five," etc. B. erected a valuable ten story 
 building on the ground measured seventy feet southerly 
 and at right angles to the north line. 
 
 A. then sold the south eighty feet of said lots to C. All 
 this was done under the Torrens system and the regis- 
 trar took up and cancelled A's certificate entire and is- 
 sued one to B. by first description and another to C. by 
 last description. 
 
 Later A. discovered that the west line of lot one not 
 being at right angles to the northerly line represented the 
 hypotenuse of a triangle and was longer than one hundred 
 and fifty feet, the supposed depth of the lots. B's first 
 measurement of seventy feet extended but 69.6 feet at 
 right angles from the north line and he had encroached 
 four-tenths of a foot on land he had not bought. By the 
 variance in the two methods of descriptions this four- 
 tenths had not been included in either conveyance and 
 though A. held no certificate of title, he yet possessed the 
 meager strip which B. was forced to buy at a good round . 
 sum rather than move his wall. His Torrens certificate 
 did not protect him, yet a good abstract of title with a 
 plat of the premises would have shown him his measure- 
 ments and he had been better served.
 
 270 LAND SURVEY AND LAND TITLES. 
 
 transfer and that by this method they can never 
 become complicated nor extended and no loss 
 can occur. But such an idea is only fallacy as 
 one or two illustrations may prove, and Tor- 
 rens certificates of title are no more sure than 
 any other method and often not so much so. 2 
 
 Advocates of the Torrens system also suggest 
 that it does away with the use of abstracts and 
 the expense of court costs. 3 On the contrary, 
 in making application for registration of a title 
 
 2. In the celebrated case Gibbs v. Messer a man had 
 loaned $30,000 on a certificate of title issued in regular 
 course by the regular registrar and had loaned it to the 
 man to whom the certificate was issued. Later it was dis- 
 covered the original certificate presented to the registrar 
 was forged and the one issued in its place to the sup- 
 posed new owner had no value. The man lost his $30,000 
 which a guaranty certificate or title insurance policy is- 
 sued by a good title guaranty company would have saved 
 him. In neither case above could either loser have a 
 refund from the guaranty fund of the Torrens System. 
 (Gibbs v. Messer, (1891) A. C. 248, House of Lords and 
 Privy Council, 7 A. M. L. R. 89.) 
 
 3. Under the Minnesota "Torrens Law" one may nom- 
 inally hold an "indefeasible" title under a certificate of 
 registration issued by the registrar when in fact the great- 
 er part of the land may have been condemned for muni- 
 cipal purposes. A special instance is cited from Minne- 
 apolis where a purchaser of land, relying on his registered 
 title, found to his sorrow that he owned but a narrow strip, 
 the remainder of the lot having been condemned in a pro- 
 ceeding of which the Torrens Law took no notice. And 
 furthermore fraudulent registration often creates great 
 hardship on the real owner. (Bart v. Martin, 99 Minn. 
 207.)
 
 TORRENS SYSTEM OF LAND REGISTRATION. 271 
 
 the first requisite is that the applicant must 
 furnish a complete abstract of his title. Next, it 
 makes no difference how good or clear his title 
 may be, he must bring a suit in chancery to 
 quiet his title. After all this is done he must in 
 addition pay the necessary registration fees 
 which amount to many times the cost of record- 
 ing a deed. 
 
 It seems, in summing up, that a system of 
 accounting can scarcely avail to show the con- 
 dition or to determine the ownership of a prop- 
 erty, when the Supreme Courts all over our 
 land are ruling at variance with former deci- 
 sions, as it appears. And too, the ability of no 
 registrar can compare to the tribunal sitting 
 as our Supreme Court, be the people ever so 
 happy in their selection of a registrar. 
 
 It is also related of Sir Robert Torrens him- 
 self that he never registered the ti- 
 
 d? not use?" ^ e ^ an acre ^ ^ s own ^ an( ^ un( ler 
 the system, although a large land 
 owner in the counties to which his law ap- 
 plied. (Registration of Title to Land, Brick- 
 dale, page 49.) 
 
 Abel Davis, one of the greatest exponents of 
 the system in the United States, while he was 
 registrar of Cook County, Illinois, is at this 
 writing vice-president of a title guaranty com- 
 pany, in which company he became interested 
 before the expiration of his term of office as
 
 272 LAND SURVEY AND LAND TITLES. 
 
 registrar, and his company is now engaged 
 in insuring the title to those properties which 
 have already been registered under the Torrens 
 act. 
 
 The guaranty feature supporting the validity 
 of the system can scarcely be considered. Its 
 advocates would have us believe that the whole 
 county is back of it, with its taxing power of 
 the entire assets within the borders of the dis- 
 trict where the law operates. But they do not 
 understand it is only to the extent of the guar- 
 anty fund which in Cook County, II- 
 its linois, after seventeen years of oper- 
 
 fun^very a tion, amounted to less than twenty- 
 small, two thousand dollars. Would a cer- 
 tificate backed by such an insignifi- 
 cant sum appeal to an owner of real property 
 in place of one which had behind it over eight 
 million dollars of assets, and the best array of 
 legal talent that can be assembled, if such owner 
 were rightly informed on the subject? 
 
 The Torrens law in different particulars, 
 though similar in the main, has been foisted on 
 the statute books of several states, but in each 
 instance where it has been tried the courts have 
 held its features unconstitutional. But even 
 where the acts are allowed the use of the sys- 
 tem has tended to make the titles intricate, un- 
 certain and cumbersome, while all transactions 
 thereunder are slow indeed.
 
 TOBRENS SYSTEM OF LAND REGISTRATION. 273 
 
 Most noticeably is this true in Cook County, 
 Illinois, where the Torrens act has been in 
 operation for some years. The legislature made 
 certain provisions of title registration and the 
 registrar in trying to follow it out made many 
 errors and ludicrous mistakes. In one notable 
 instance he issued his Torrens certificate de- 
 claring the fee simple title in one who held a 
 life estate only. 
 
 Again, it was too uncertain a task for the 
 registrar to determine the heirship of an intes- 
 tate who died with a registered title, or to in- 
 terpret the will left by a testator owning a reg- 
 istered title. The legislature, to relieve such 
 conditions, passed an additional section, pro- 
 viding that on the death of a registered owner, 
 a proceeding must be had in the chancery court 
 to determine the heirship of an intestate or the 
 terms of the will of a testator and then, that 
 the registrar must issue his certificate accord- 
 ing to the findings of such decree. 
 
 A probate proceeding already on our statute 
 books is much simpler and more readily dis- 
 posed of so they complicate titles and retard 
 settlements of estates by more legislation. 
 
 For a more complete treatise of this subject 
 the reader is referred to ' * The Australian Tor- 
 rens System by James E. Hogg," London 1086 
 pages. ''The Torrens Law" by W. C. Niblack, 
 Chicago. "The Torrens System" by John T. 
 
 18
 
 274 LAND SURVEY AND LAND TITLES. 
 
 Kenney, Madison, Wisconsin. "An Opinion on 
 the Torrens Law" Vincent D. Wyman, Chicago. 
 
 COMPARATIVE COST OF THE TORRENS SYSTEM. 
 
 In England, for conveyance of property valued at from 
 3000 to 10,000 7 for the first 3000 and one shilling for 
 every 50 additional. 
 
 In Saxony, for conveyance of property valued at 10,000 
 the fee is 17-10s; of property valued at 100,000 the fee is 
 107-10s. A rough average of all transfers for the year 
 1895, places the fee at $7.50 each (l-10s). 
 
 In Ontario, for conveyances of property valued at from 
 $4000 to $10,000 the fees range from $5 to $20. Where 
 values exceed $50,000 the fee is $50. 
 
 In Minnesota, on land valued at $1,000 or less the fee 
 is $9 for registry, with one dollar per thousand for addi- 
 tional value. 
 
 In Illinois, the fees range from $25 to $30 for registering 
 in addition to transfer fees to be paid, as well as abstract 
 fee and court costs before registration may be granted. 
 
 Note. The recording fee in the several states for any 
 deed or mortgage rarely exceeds $2.00 and the abstract ex- 
 tension from $2 to $3.
 
 CHAPTER XXX. 
 
 THE WIDOW'S ESTATE. 
 
 In chapter XXII of this volume some men- 
 tion was made of the share of an estate allowed 
 to the widow on the death of her husband. 
 There are many interests in the estate which she 
 has a perfect right to claim and to which she 
 should assert her rights before it is too late, 
 for by lapse of time the privilege may have 
 vanished. 
 
 Usually after the death of the husband the 
 burden of management falls very heavy be- 
 cause the widow has had little business experi- 
 ence and ofttimes she is defrauded of her rights 
 on account of this inexperience. 
 
 The dower interest heretofore mentioned is 
 that share in the land allowed by the law of the 
 state where the property is located. In Illinois, 
 it is the income of one third of the property 
 during the remaining life of the widow. In 
 Iowa, the widow gets one-third in fee if there 
 are children. If no children, she is allowed 
 property to the value of $7500 and one half of 
 all remainder. In Indiana, the widow gets one- 
 third of the land in fee, absolutely hers to own 
 and dispose of as she may desire. 
 The law Other states have different laws and 
 determines in some tne widow gets all the real 
 the estate, estate acquired during the period of 
 (275)
 
 276 LAND SURVEY AND LAND TITLES. 
 
 the marriage. Therefore, to determine the 
 exact amount of her share, inquire into the law 
 of the state where the property is located. 
 
 Another right, is that called the Eight of 
 Homestead. This is usually considered to be 
 the house in which the family lived at the time 
 the death occurred, and in Illinois is the home 
 with a few acres of ground attached, fictitiously 
 valued at one thousand dollars, be the house a 
 mansion or a cottage. In Texas it consists of 
 two hundred acres of land if held in the coun- 
 try or property in town appraised at five thou- 
 sand dollars, while other states have various 
 provisions. The homestead is also considered 
 for the benefit of any minor children during the 
 term of their infancy. If the estate is extensive 
 and there are older children to share it, and not 
 all of the children are of age, or if the family 
 cannot agree as to a division, any member of 
 the family may apply to the court who will ap- 
 point a committee of three men, called commis- 
 sioners to divide the estate as they think it 
 should be done according to the law. They will 
 first set off the homestead ; next they 
 
 The ^rUi se t apart the dower, not "dow- 
 
 partitionof f_ . : : . . , 
 
 the lands, ry, ' ' and then they will divide the re- 
 
 mainder among the children, marking 
 out a separate tract for each heir interested in 
 the estate. If none of the children attends to 
 having the estate properly divided, it is a proper
 
 THE WIDOW'S ESTATE. 277 
 
 thing for the widow to have the matter ad- 
 justed ; because for a proper reason, if it is not 
 done in due season, she loses her right and later 
 the children may forget their filial duty and the 
 mother might have need for a proper legal pro- 
 tection. 
 
 Besides this there is usually a considerable 
 amount of personal property to be distributed 
 according to the law of the place where the 
 family lived at time of the decease. It is fre- 
 quently allowed that the widow has a larger 
 share of this personal property than 
 
 of the real estate but if ft 1 * are 
 debts, the personal property is sold 
 
 first to pay such indebtedness. And as explained 
 in a previous chapter, if the personal property 
 is not sufficient to pay all the debts, a part of the 
 real estate is also sold, but the homestead right 
 cannot be so sold if the widow desires to retain 
 it. 
 
 A widow has her dower rights in all the lands 
 and real property owned by her husband during 
 marriage, which she has not conveyed away and 
 if he has sold a property without her joining in 
 the deed, on his death she can assert her in- 
 terest in that land. 
 
 If, however, the laws of the state declare the 
 husband can convey without the wife joining, 
 he can do so, but such instances are rare. 
 
 Another source of income is the amount of 
 life insurance left by the deceased and if the
 
 278 LAND SUEVEY AND LAND TITLES. 
 
 widow is named as the beneficiary in the policy, 
 all this money belongs to her and no 
 Collecting one can i a y claim to any part of it 
 the life r vi f 
 
 insurance, and this money is not liable for any 
 
 debts of the husband. No lawyer is 
 needed to collect the payment from the life in- 
 surance company as the local agent is so anx- 
 ious to prove the reliability of his particular 
 company, that he will gladly make the settle- 
 ment, free of charge and pay the full amount of 
 the policy. 
 
 However, to make a proper settlement of the 
 full estate as outlined above it will be neces- 
 sary to secure the services of some attorney 
 and be sure to select the best one available. 
 
 As a closing paragraph it may be well to ad- 
 vise against investing the funds left to the wid- 
 ow, in a business or concern where 
 
 Care in there is any chance for loss, though 
 investments. . 
 
 the promise of profits appear attract- 
 ive. Promises cannot always be cashed at a 
 bank and it were better to, invest in good real 
 estate mortgages yielding five or six per cent 
 per year than to speculate in any other form of 
 securities promising a return of eight or ten per 
 cent. The safe rule is, ' ' Never speculate, unless 
 you can afford to lose the investment. ' ' Consult 
 the banker as to the safest form of securities 
 to buy for a permanent income.
 
 PAKT FOUR. 
 
 In this section are included many distinct 
 subjects, related to real property and to each 
 other though not successively connected. Many 
 legal instruments are shown in miniature; in- 
 terest tables and other tables useful to the prop- 
 erty owner are given. A complete word index 
 of the entire volume is a valuable feature of 
 this division, and it also contains an accurate 
 geographical location of all the Prime Merid- 
 ians governing the survey of the United States. 
 
 (279)
 
 The succeeding pages contain a general re- 
 view of the text portions of this volume, and 
 this test is arranged for ready reference with 
 respect to the regular order of the several chap- 
 ters. 
 
 The student is especially recommended to 
 try his knowledge of the subject studied by 
 either oral or writtens answers to the questions, 
 when he has completed the study of any partic- 
 ular chapter. It is also suggested by the au- 
 thor, that the subjects be pursued in the reg- 
 ular order of the several chapters beginning 
 with the first, since by such method, the whole 
 work will be best understood as each chapter is 
 a preparatory lesson to those that follow. With 
 few exceptions each question may be answered 
 by referring to the text of the chapter to which 
 it relates. 
 
 (280)
 
 STUDENT'S REVIEW TEST. 281 
 
 REVIEW TEST FOR CHAPTER I. 
 
 MEASUBEMENTS. 
 
 1. How many rods in one mile? 
 
 2. How many rods in a quarter mile? 
 
 3. How many yards in one mile? 
 
 4. How many feet in one mile? 
 
 5. What is a chain? How long is it? 
 
 6. What is a "Gunter's" chain? 
 
 7. How many square rods make one acre? 
 
 8. How many rods across one side of a 
 square forty-acre farm? 
 
 9. How many chains across one side of a 
 square forty? 
 
 10. How many rods around an eighty-acre 
 farm? 
 
 11. What is a rood? 
 
 12. What is a perch? 
 
 13. How many acres in a section? 
 
 14. How many acres in a square mile? 
 
 15. How many acres in two square miles? 
 
 16. How many acres in a farm two miles 
 square ? 
 
 17. How many chains in a furlong? 
 
 18. How many chains make one mile? 
 
 19. Who invented the surveyor's chain now 
 in common use? 
 
 20. How many square chains make one 
 acre?
 
 282 LAND SURVEY AND LAND TITLES. 
 REVIEW TEST FOR CHAPTER II. 
 
 HISTORY OF OUR SURVEY SYSTEM. 
 
 1. Who initiated our survey system? 
 
 2. What was the first system of division? 
 
 3. Where was the "Western Territory"? 
 
 4. What size was the first township? 
 
 5. Where was the first sectional survey em- 
 ployed ? 
 
 6. How were the sections numbered in the 
 first townships? 
 
 7. How are the sections numbered in the 
 townships now? 
 
 8. Under whose direction were the first sur- 
 veys made? 
 
 9. Under what department are the surveys 
 now directed? 
 
 10. What officer is head of the Land Office? 
 
 11. Where are the "Seven Ranges"? 
 
 12. How many paces in a pole ? 
 
 13. What is an hundred? 
 
 14. What is a township? 
 
 15. What is a range? 
 
 16. What is a section? 
 
 17. When was the Department of Interior 
 established ? 
 
 18. Who is the present secretary of this De- 
 partment ? 
 
 19. How many departments in the Presi- 
 dent's cabinet? 
 
 20. Name the above departments and the 
 cabinet officers.
 
 STUDENT'S REVIEW TEST. 283 
 
 REVIEW TEST FOR CHAPTER III. 
 
 MERIDIANS AND BASE LINES. 
 
 1. Who directs the public surveys? 
 
 2. Under what department is it conducted? 
 
 3. Who is in charge of the general land of- 
 fice! 
 
 4. What is a prime meridian? 
 
 5. From what points are they established? 
 
 6. What are guide meridians! 
 
 7. What is a base line! 
 
 8. What are standard parallels? 
 
 9. What is a township? 
 
 10. What is a range? 
 
 11. What is a tier? 
 
 12. Name and locate at least four of the 
 principal meridians. 
 
 13. Are all ranges six miles wide? 
 
 14. Where is Ellicott's line! 
 
 15. Where is the Northwest Territory? 
 
 16. Who made the first public surveys? 
 
 17. To whom are we indebted for our rec- 
 tangular system of survey? 
 
 18. When was this system adopted? 
 
 19. What prime meridian governs the sur- 
 vey where you live? 
 
 20. Find tier number five north, range num- 
 ber six east, on the diagram in this chapter.
 
 284 LAND SUBVEY AND LAND TITLES. 
 
 EEVIEW TEST FOR CHAPTER IV. 
 
 THE RECTANGULAR SURVEY SYSTEM. 
 
 1. How many prime meridians in the United 
 States? 
 
 2. From what points are they established? 
 
 3. What prime meridian governs the survey 
 where you live? 
 
 4. What states do not have the rectangular 
 survey? 
 
 5. What states employ the metric system of 
 survey ? 
 
 6. What is a metes and bounds description? 
 
 7. How many prime meridians are num- 
 bered? 
 
 8. How are some prime meridians named? 
 
 9. Distinguish between town, township, tier 
 and range. 
 
 10. What is a congressional township? 
 
 11. What is a school township ? 
 
 12. What is a political township? 
 
 13. Do they conform to the same size in your 
 county? 
 
 14. What is a witness tree? 
 
 15. How are corners often marked on the 
 prairies ? 
 
 16. If a corner occurs on a rock ledge, how 
 marked ?
 
 STUDENT'S REVIEW TEST. 285 
 
 17. What are memorials of a survey? 
 
 18. What penalty for interfering with me- 
 morials of survey? 
 
 19. What was the western boundary of the 
 United States in 1800? 
 
 20. When was it extended to the Pacific?
 
 286 LAND SURVEY AND LAND TITLES. 
 REVIEW TEST FOE CHAPTER V. 
 
 THE CONGRESSIONAL TOWNSHIP. 
 
 1. How many sections in a township? 
 
 2. How many acres in a regular township? 
 
 3. Are all townships the same size! 
 
 4. Why is the north line of a township 
 shorter than the south! 
 
 5. How are the sections numbered in a town- 
 ship? 
 
 6. How is the irregularity in size of a town- 
 ship disposed of? 
 
 7. Which sections in a township are irregu- 
 lar in size? 
 
 8. What is a fractional section? 
 
 9. What is a jog corner? 
 
 10. What is a correction line? 
 
 11. Do all townships contain thirty-six sec- 
 tions? 
 
 12. When they do not which sections are 
 omitted ? 
 
 13. Do the confines of a congressional, a 
 school, and a political township agree? 
 
 14. Do any of the above named townships 
 ever extend into two separate counties? 
 
 15. Which of the above represent county di- 
 visions ? 
 
 16. In what political township do you live? 
 
 17. Who is its governing officer? 
 
 18. What are his chief duties? 
 
 19. Who is your county surveyor? 
 
 20. What are his duties ?
 
 STUDENT'S REVIEW TEST. 287 
 
 REVIEW TEST FOR CHAPTER VI. 
 
 THE PARTS OF A SECTION. 
 
 1. How many acres in a regular section? 
 
 2. How many acres in a fractional section? 
 
 3. What sections in all townships are frac- 
 tional? 
 
 4. How many acres in each of the parts of 
 figure XI? 
 
 5. What is a lot in a section? 
 
 6. Who determines the lots in a fractional 
 section? 
 
 7. Does the south half of a section contain 
 half its area? 
 
 8. Where is the surplus placed in section 
 three? 
 
 9. Where in section nineteen? 
 
 10. Do government lots of a section ever 
 contain more than eighty acres? 
 
 11. Why is the section seven (figure XX) 
 so narrow? 
 
 12. Which is the larger a section or a square 
 mile? 
 
 13. What sections in each township are lot- 
 ted? 
 
 14. How many lots in section sixteen? 
 
 15. Which section is the school section? 
 
 16. Why is it so named?
 
 288 LAND SURVEY AND LAND TITLES. 
 
 17. Are any other sections ever school sec- 
 tions ! 
 
 18. Under what circumstances? 
 
 19. Have you ever visited an abstract office! 
 
 20. Name an abstract firm or an abstracter 
 in your county.
 
 STUDENT'S REVIEW TEST. 289 
 
 REVIEW TEST FOR CHAPTER VII. 
 
 TOWN LOTS AND SUBDIVISIONS. 
 
 1. Why are government lots used in a sec- 
 tion? 
 
 2. How many such lots in any one section? 
 
 3. Can you describe any regular part of a 
 section 1 
 
 4. Why is it necessary to plat town sites! 
 
 5. What is a plat? 
 
 6. Who owns the streets in a town? 
 
 7. What is a block! 
 
 8. What difference between lot of a block 
 and lot of a section! 
 
 9. Where is the corner of a farm marked? 
 
 10. Where is the corner of a block marked? 
 
 11. Who names the town when it is orga- 
 nized? 
 
 12. What is an addition to a city? 
 
 13. May one man establish more than one 
 addition? 
 
 14. How may different additions be dis- 
 tinguished ? 
 
 15. What advantage in having wide streets ? 
 
 16. What advantage in having park sites? 
 
 17. What advantage in having diagonal ave- 
 nues? 
 
 19
 
 290 LAND SUEVEY AND LAND TITLES. 
 
 18. Would it be better in planning a town 
 to have the streets parallel with the railroad or 
 that they should run direct north and south? 
 
 19. How is Washington, D. C., planned? 
 Salt Lake City? Indianapolis? 
 
 20. What about the streets of Boston, New 
 York, Philadelphia?
 
 STUDENT'S REVIEW TEST. 291 
 
 REVIEW TEST FOR CHAPTER VIII. 
 
 DESCRIPTION OP LAND. 
 
 1. What is the first division of land in a sur- 
 vey? 
 
 2. What is a government lot in a section? 
 
 3. What sections have government lots? 
 
 4. How many such lots in a section? 
 
 5. Explain difference between government 
 lot and city lot? 
 
 6. What four things are considered in prop- 
 erly locating a section? 
 
 7. In what direction do the prime meridians 
 extend? 
 
 8. How many prime meridians in the United 
 States ? 
 
 9. Which prime meridian governs the sur- 
 vey of the land in your county? 
 
 10. How is land described which has not 
 been surveyed by the rectangular system? 
 
 11. What part of the United States does not 
 employ this system? 
 
 12. What is meant by a natural monument 
 in survey? 
 
 13. Explain the term north forty degrees 
 east, ten chains. 
 
 14. In which directions are the degrees of 
 variation always read?
 
 292 LAND SURVEY AND LAND TITLES. 
 
 15. What system of land description is the 
 most exact? 
 
 16. What method of description is the short- 
 est! 
 
 17. Are any two sections in the United States 
 described the same? 
 
 18. Why should particular attention be 
 given the description of the property in making 
 a conveyance? 
 
 19. What is meant by the north thirty-five 
 acres of a tract? 
 
 20. How else could it be described?
 
 STUDENT'S REVIEW TEST. 293 
 
 REVIEW TEST FOR CHAPTER IX. 
 
 DEFICIENT DESCRIPTIONS. 
 
 1. What are deficient descriptions? 
 
 2. How important are they? 
 
 3. Distinguish between locating and describ- 
 ing land. 
 
 4. What is meant by the legal description of 
 a property? 
 
 5. What is meant by a link in a title? 
 
 6. What is a chain of title ? 
 
 7. What method of land description is the 
 simpler? 
 
 8. What effect has a wrong description in a 
 conveyance ? 
 
 9. May an original conveyance be correct 
 and the record wrong? 
 
 10. Are there any misdescriptions in the 
 title in which you are interested? 
 
 11. Will a wrong description in a title ever 
 annoy the owner? 
 
 12. How may such errors be corrected? 
 
 13. When is the best time to correct these 
 mistakes ? 
 
 14. Why should a description of a property 
 be exact? 
 
 15. Are two different properties ever de- 
 scribed the same?
 
 294 LAND SUBVEY AND LAND TITLES. 
 
 16. Do any two sections in the United States 
 ever have the same description throughout? 
 
 17. They may differ in only one particular, 
 what is it? 
 
 18. Why should a description not refer to a 
 temporary monument? 
 
 19. Explain what are monuments of survey. 
 
 20. Distinguish between the natural monu- 
 ments and artificial monuments of survey.
 
 STUDENT'S REVIEW TEST. 295 
 
 REVIEW TEST FOR CHAPTER X. 
 
 ORIGIN OF INDIVIDUAL, OWNERSHIP. 
 
 1. What was the feudal system? 
 
 2. How did a lord hold land? 
 
 3. Could a lord dispose of his holdings? 
 
 4. What extent of territory did King James 
 grant to the Virginia colony? 
 
 5. What ownership had the Indians before 
 the coming of white men? 
 
 7. What right had the Indian in possession 
 against the whites? 
 
 7. How did the European countries divide 
 America by discovery ? 
 
 8. What was the western limit of the United 
 States at the time of the Revolution? 
 
 9. When was the Louisiana Purchase ac- 
 quired and what did it comprise? 
 
 10. What other territory has the United 
 States acquired and how? 
 
 11. When were free holds created? 
 
 12. How were individual ownerships prior to 
 the Declaration of Independence confirmed? 
 
 13. When new territory is acquired by the 
 United States, in whom is the title ? 
 
 14. How does the United States government 
 dispose of land?
 
 296 LAND SURVEY AND LAND TITLES. 
 
 15. Do any of our titles go back of Govern- 
 ment ownership ? 
 
 16. When the United States Government ac- 
 quires a body of land how is it made ready for 
 settlement? 
 
 17. What records have we of America prior 
 to discovery by Columbus'? 
 
 18. Of the Philippine possessions, does the 
 United States own all the land? 
 
 19. Why was it difficult for the colonists to 
 unite into one Government? 
 
 20. What did Washington mean when he 
 said, "We are one to-day and thirteen to-mor- 
 row?*'
 
 STUDENT'S REVIEW TEST. 297 
 
 EEVIEW TEST FOB CHAPTER XI. 
 
 EXCHANGE OP OWNEESHIP. 
 
 1. What is meant by the Public Domain? 
 
 2. What is meant by ownership of land? 
 
 3. Distinguish between real and personal 
 property. 
 
 4. When A. sells his farm to B. what is sold? 
 
 5. How was the early evidence of sale se- 
 cured ? 
 
 6. How is it accomplished now? 
 
 7. What is meant by, "This indenture wit- 
 nesseth?" 
 
 8. Does the soil ever become personal prop- 
 erty and is it carried away when sold? 
 
 9. What is a deed? 
 
 10. What four special facts does it show? 
 
 11. What is a will? 
 
 12. In what does it differ from a deed? 
 
 13. Why is the law necessary to complete a 
 transfer by a will? 
 
 14. By what two methods are land titles 
 transferred? 
 
 15. Explain how a title to land may be trans- 
 ferred against the wishes of the owner? 
 
 16. What precaution should a purchaser of 
 land observe at time of transaction? 
 
 17. Is any one competent to prepare a deed ?
 
 298 LAND SURVEY AND LAND TITLES. 
 
 18. What precaution is necessary when land 
 is transferred by operation of law? 
 
 19. What is meant by the saying, " Penny 
 wise and Pound foolish?" 
 
 20. How may it be applied to purchasing 
 land?
 
 STUDENT'S REVIEW TEST. 299 
 
 REVIEW TEST FOR CHAPTER XII. 
 
 RECORD OF OWNERSHIP. 
 
 1. How long have public records been kept? 
 
 2. What condition demanded public records ? 
 
 3. May titles be proved by original instru- 
 ments ? 
 
 4. Why is not such a method practical? 
 
 5. Who is the recorder in your county? 
 
 6. What are the recorder's duties? 
 
 7. Of what benefit is a public record? 
 
 8. What effect if an original instrument be 
 lost? 
 
 9. Are all deeds recorded? 
 
 10. Should a deed be recorded right away? 
 
 11. Do all states have similar recording 
 acts? 
 
 12. Are the original deeds preserved by the 
 recorder? 
 
 13. What is a mortgage? 
 
 14. Should it be recorded and why? 
 
 15. Is a title transferred by will? Explain. 
 
 16. How transferred where no will is found? 
 
 17. Are methods in England similar to our 
 own? 
 
 18. What is meant by constructive notice? 
 
 19. Does possession determine ownership? 
 
 20. How is the payment of a mortgage estab- 
 lished?
 
 300 LAND SURVEY AND LAND TITLES. 
 EEVIEW TEST FOE CHAPTER XIII. 
 
 THE ABSTRACT OF TITLE EXPLAINED. 
 
 1. What is an abstract of title? 
 
 2. How should it be arranged? 
 
 3. What is an abstractor? 
 
 4. What is an examiner? A conveyancer? 
 
 5. What conditions led to the making of ab- 
 stracts ? 
 
 6. Distinguish abstract from title. 
 
 7. What is a merchantable abstract? 
 
 8. Distinguish between English and Ameri- 
 can abstracts. 
 
 9. Does the abstract guarantee a good title ? 
 
 10. Are all abstracts prepared alike? 
 
 11. Is an abstractor liable for error? 
 
 12. When sale is made must an abstract be 
 furnished? 
 
 13. Who owns the abstract? 
 
 14. What effect of title where new counties 
 are organized? 
 
 15. If county records are destroyed, what 
 importance is an abstract? 
 
 16. What about abbreviations in an ab- 
 stract? 
 
 17. Who may prepare abstracts? 
 
 18. In case of a loan, who holds the abstract ? 
 
 19. Is a county recorder necessarily a good 
 abstractor? 
 
 20. What equipment is necessary for a com- 
 petent abstractor?
 
 STUDENT'S REVIEW TEST. 301 
 
 REVIEW TEST FOR CHAPTER XIV. 
 
 THE NEED OP AN ABSTRACT. 
 
 1. What form of wealth is most indestructi- 
 ble? 
 
 2. Why is wealth of personal property lia- 
 ble to loss? 
 
 3. What should a purchaser of real estate 
 especially observe? 
 
 4. How may he make sure of protection? 
 
 5. What is a merchantable title? 
 
 6. What is meant by buying a lawsuit? 
 
 7. What one instrument will prove a title? 
 
 8. Will a warranty deed cure a title of de- 
 fects and make a purchaser safe ? 
 
 9. Should a purchaser inform himself as to 
 the condition of a title before closing his deal? 
 
 10. How may he do so? 
 
 11. Of what advantage is it? 
 
 12. Distinguish between making and exam- 
 ining an abstract? 
 
 13. Does the same party perform both du- 
 ties? 
 
 14. Give at least two reasons why a title 
 may prove defective. 
 
 15. Does an abstract insure the title? 
 
 16. How may one best avoid trouble in his 
 title?
 
 302 LAND SURVEY AND LAND TITLES. 
 
 17. Do abstracts deal with present or future 
 interests ! 
 
 18. When should a purchaser of a property 
 demand an abstract! 
 
 19. When a buyer secures an abstract, what 
 should he do with it! 
 
 20. Which should be secured first, an insur- 
 ance policy on the house or an abstract of title !
 
 STUDENT'S REVIEW TEST. 303 
 
 REVIEW TEST FOR CHAPTER XV. 
 
 THE ABSTRACT AND THE ABSTRACTED. 
 
 1. In whom is the source of title to land in 
 the United States. 
 
 2. Are all abstracts arranged alike? Ex- 
 plain. 
 
 3. Are all abstracts the same size? 
 
 4. Why are some abstracts so much larger 
 than others? 
 
 5. Are all abstracts constructed with the 
 same completeness? 
 
 6. Can an attorney form an opinion of the 
 title from the abstract alone? 
 
 7. What is a history of a title ? 
 
 8. Do abstracts show any errors of a title? 
 
 9. Does the abstract cure the defects shown? 
 
 10. How only may we know the condition of 
 a title? 
 
 11. If an owner knows all who have owned 
 his property, is he safe to assume his title is 
 good? 
 
 12. When should an abstract be had? 
 
 13. When may defects be most easily cor- 
 rected? 
 
 14. Why should errors be adjusted now? 
 
 15. What precaution should be observed at 
 every purchase?
 
 304 LAND SURVEY AND LAND TITLES. 
 
 16. "VVTien should every abstract begin? 
 Why? 
 
 17. What is the certificate of an abstract? 
 
 18. Why should an abstracter be competent 
 and reliable! 
 
 19. How do the abstracter and attorney com- 
 pare as to reliability? As to skill? 
 
 20. Should an abstracter pass on the valid- 
 ity of the title? Explain.
 
 STUDENT'S REVIEW TEST. 305 
 
 REVIEW TEST FOR CHAPTER XVI. 
 
 A SAMPLE ABSTRACT. 
 
 1. What is the caption to an abstract? 
 
 2. Where should an abstract begin? 
 
 3. Why should instruments of transfer be 
 acknowledged? 
 
 4. How many links in the chain of title ex- 
 hibited by this abstract? 
 
 5. Why is number fourteen a weak link in 
 the title? 
 
 6. Some abstracters arrange all deeds first 
 and mortgages and releases last. Why would 
 such an arrangement be better than the one 
 here employed, every transaction in chronologi- 
 cal order? 
 
 7. Have you ever examined an abstract 
 made up in the regular course of trade? 
 
 8. What is peculiar about transfer number 
 four? 
 
 his 
 X 
 mark 
 
 9. What special value of the note in number 
 
 10. Why should care be exercised in getting 
 number seven recorded? 
 
 20
 
 306 LAND SURVEY AND LAND TITLES. 
 
 11. Under what condition would number 
 eight be cancelled? 
 
 12. If Mr. Booth owned other land could Mr. 
 Lambert sell it also! 
 
 13. How should the grantee in number nine 
 be expressed! 
 
 14. What is the law of foreclosure in your 
 state ! Get your abstractor to explain it to you. 
 
 15. Why is not the affidavit at number four- 
 teen executed under an oath! 
 
 16. What is a plat and why is it needed! 
 
 17. What is the certificate of an abstract and 
 of what importance is it! 
 
 18. Why is an abstract not complete without 
 a certificate! 
 
 19. Why is it best to name the parties as to 
 whom judgments are certified against! 
 
 20. Have you thoroughly mastered the sec- 
 ond section of this volume and do you under- 
 stand what an abstract of title is and why it is 
 needed?
 
 STUDENT'S BEVIEW TEST. 307 
 
 REVIEW TEST FOE CHAPTER XVII. 
 
 TITLES TO REAL PROPERTY. 
 
 1. What is meant by the title? 
 
 2. What are the two classes of titles as to 
 source ? 
 
 3. Does the discovery of land constitute ti- 
 tle to it? 
 
 4. May an individual hold an original title? 
 
 5. By what two ways are titles transferred? 
 
 6. What is meant by title by purchase? 
 
 7. What is meant by a dedication? 
 
 8. What is accretion and reliction? 
 
 9. What is a perfect title? 
 
 10. Does a good abstract insure a good title ? 
 
 11. In whom is the source of English titles ? 
 American? 
 
 12. What is a merchantable title? 
 
 13. May an individual be dispossessed of his 
 land even when he has committed no misde- 
 meanor? 
 
 14. What is the fee? 
 
 15. Name some lesser estates than the fee? 
 
 16. Which estate is the more valuable and 
 why? 
 
 17. What is an easement? 
 
 18. Explain a patent as applied to real prop- 
 erty?
 
 308 LAND SUEVEY AND LAND TITLES. 
 
 19. Under what conditions does the United 
 States grant land? 
 
 20. When has the United States Govern- 
 ment acquired territory in the past? How was 
 it acquired in each instance?
 
 STUDENT'S REVIEW TEST. 309 
 
 REVIEW TEST FOR CHAPTER XVIIL 
 
 ALIENATION OP TITLES. 
 
 1. What was the early theory of land owner- 
 ship? 
 
 2. What is the idea of ownership in the 
 United States! , 
 
 3. What is the source of derivative titles in 
 the United States? 
 
 4. What is meant by alienation of titles ? 
 
 5. When were our titles freed from the Brit- 
 ish crown? 
 
 6. Was the original territory of the United 
 States the same size as now? 
 
 7. What was the first great addition? 
 
 8. Describe the other acquisitions of terri- 
 tory. 
 
 9. Has the United States Government kept 
 any territory for its own use or what use has 
 been made of it? 
 
 10. What is meant by homesteading? 
 
 11. Describe the method of purchasing land 
 by tree claims. 
 
 12. What is a land warrant and its value? 
 
 13. What has our Government done for the 
 public schools? 
 
 14. What did Congress do to encourage in- 
 ternal improvements?
 
 310 LAND SURVEY AND LAND TITLES. 
 
 15. What lias Congress done in individual 
 cases of award? 
 
 16. What is meant by pre-emption right? 
 
 17. When does the right of transfer from 
 one individual to another begin? 
 
 18. What was the donation system of land 
 purchase ? 
 
 19. Name some great internal improvements 
 made possible by Governmental legislation? 
 
 20. What territory has not been alienated 
 but is yet vested in the United States Govern- 
 ment?
 
 STUDENT'S REVIEW TEST. 311 
 
 REVIEW TEST FOR CHAPTER XIX. 
 
 CONVEYANCING BY INDIVIDUALS. 
 
 1. What are Derivative titles'? 
 
 2. Wliat is the first record of conveyance? 
 
 3. What is livery of seizen? 
 
 4. Is the right of conveyance between indi- 
 viduals old or new? 
 
 5. What is meant by feudal tenure? 
 
 6. When did right of conveyancing in Amer- 
 ica begin! 
 
 7. What degree of estate may be transfer- 
 red? 
 
 8. What is a life estate? 
 
 9. What is an estate of inheritance? 
 
 10. What is an estate in fee simple? 
 
 11. What is a homestead estate? 
 
 12. What is a dower estate? 
 
 13. May a homestead or dower be inherited 
 or sold? 
 
 14. What is the dower estate in your state? 
 
 15. What is an estate for years? 
 
 16. What is a remainder? 
 
 17. What is a reversion? 
 
 18. What is a future estate? 
 
 19. What are joint tenants? Tenants in 
 common ? 
 
 20. What is a conditional estate?
 
 312 LAND SUBVEY AND LAND TITLES. 
 
 REVIEW TEST FOR CHAPTER XX. 
 
 DEEDS. 
 
 1. What is a deed? 
 
 2. Name at least six essential parts of a 
 deed. 
 
 3. Define grantor, grantee, vendor, vendee. 
 
 4. Why is a deed to the heirs of a living per- 
 son void? 
 
 5. Why does a deed executed in blank not 
 convey title? 
 
 6. Name two forms of deeds. 
 
 7. Explain a deed of trust. 
 
 8. What is a court deed? 
 
 9. Does a deed from the court make a good 
 title? 
 
 10. What amount of consideration should a 
 deed express? 
 
 11. What effect will a wrong description 
 have in a conveyance? 
 
 12. Is a signature with pencil legal? 
 
 13. Can a "squire" draft a deed? 
 
 14. Does the election of a justice of the 
 peace qualify (?) him to write deeds and other 
 instruments of conveyance? 
 
 15. How may an error in a recorded deed 
 be corrected?
 
 STUDENT'S REVIEW TEST. 313 
 
 16. What is the result of unskilled scriven- 
 ers attempting to write conveyances? 
 
 17. What restrictions are placed on gran- 
 tors? 
 
 18. Do the same restrictions apply to gran- 
 tees? 
 
 ,19. What about the delivery of a deed? 
 20. What are the more common errors that 
 occur in the drafting of a deed?
 
 314 LAND SURVEY AND LAND TITLES. 
 
 REVIEW TEST FOR CHAPTER XXI. 
 
 MORTGAGES AND RELEASES. 
 
 1. What is a mortgage? 
 
 2. What about their early use and payment? 
 
 3. Why was equity interposed for benefit of 
 the debtor? 
 
 4. What is meant by equity of redemption? 
 
 5. What is meant by foreclosure of a mort- 
 gage! 
 
 6. Under what condition may a debtor re- 
 cover his property? 
 
 7. What is meant by a cutthroat mortgage? 
 
 8. What is known as the law day? 
 
 9. May a man mortgage a property he does 
 not own? 
 
 10. What effect if he afterwards acquire the 
 title? 
 
 11. What is the condition of defeasance? 
 
 12. Is any other instrument executed with 
 the mortgage? 
 
 13. May an owner sell a property he has 
 mortgaged ? 
 
 14. What is an equity? What is its value? 
 
 15. What is a merger and how does it oper- 
 ate? 
 
 16. What is the difference between a mort- 
 gage and trust deed?
 
 STUDENT'S REVIEW TEST. 315 
 
 17. Of two mortgages on the same property, 
 which is first? 
 
 18. What is a vendor's lien and how ob- 
 tained? 
 
 19. Distinguish between purchase mortgage 
 and others? 
 
 20. How is a mortgage lien released? Give 
 three ways?
 
 316 LAND SURVEY AND LAND TITLES. 
 
 REVIEW TEST FOB CHAPTER XXII. 
 
 INTESTATE ESTATES. 
 
 1. By what two ways is title transferred? 
 
 2. What is meant by law of distribution? 
 
 3. What rule or law governs the division of 
 property on the death of an owner? 
 
 4. Where is a person's home said to be? 
 
 5. What is the law of descent of your own 
 state? 
 
 6. How do children by adoption inherit? 
 
 7. What is the law of inheritance for post- 
 humous children? 
 
 8. Is there any difference in the inheritance 
 or descent of title to real and personal prop- 
 erty? 
 
 9. If a person dies leaving debts or uncom- 
 pleted contracts, how are the debts paid or the 
 contracts finished? 
 
 10. What is the personal representative of 
 the decedent called? 
 
 11. Are the heirs compelled to pay the debts 
 of an ancestor? 
 
 12. How and by what process may the lands 
 of an intestate be divided among the heirs? 
 
 13. When the decedent leaves a will devis- 
 ing certain tracts to the separate heirs, do they 
 receive such property free of any debts?
 
 STUDENT'S REVIEW TEST. 317 
 
 14. Before a partition of an estate can be 
 had what process must be completed and why? 
 
 15. Can an estate be divided without aid of 
 the court? 
 
 16. May a minor heir receive his share of 
 the estate? 
 
 17. Where the lands of an intestate cannot 
 be divided among his heirs how is the estate dis- 
 tributed? 
 
 18. What is meant by right of dower? What 
 is a homestead? 
 
 19. In what amount do such rights exist in 
 your state? 
 
 20. When do such rights cease?
 
 318 LAND SUEVEY AND LAND TITLES. 
 
 REVIEW TEST FOR CHAPTER XXIII. 
 
 1. What is a will? 
 
 2. Who may make a will? 
 
 3. May a will once written be revoked? 
 How? 
 
 4. Define devisee, legatee, bequest, testator, 
 testatrix? 
 
 5. What is a codicil? What is its effect? 
 
 6. What effect if a testator acquires proper- 
 ty after making his will? 
 
 7. Distinguish between will and testament. 
 
 8. What different interests in land may be 
 devised? 
 
 9. Is a will equal to a deed in passing title to 
 land? 
 
 10. How is a devise affected by a legacy? 
 
 11. How are both affected by debts of the 
 testator? 
 
 12. Why is it necessary to probate a will? 
 
 13. When witnesses to a will have died be- 
 fore the testator, how is the will proved? 
 
 14. What is the effect of a misdescription 
 of property in a will? 
 
 15. Who may write wills ? 
 
 16. Who should write wills? Why?
 
 STUDENT'S REVIEW TEST. 319 
 
 17. Where is a will probated as to Court? 
 as to place? 
 
 18. Define a nuncupative will ; a holographic 
 will. 
 
 19. Where an executor declines to act how 
 is the estate settled? 
 
 20. Where a testator leaves two wills which 
 one is considered the true will?
 
 320 LAND SURVEY AND LAND TITLES. 
 
 REVIEW TEST FOR CHAPTER XXIV. 
 
 JUDICIAL SALES. 
 
 1. What is the " golden rule" as to payment 
 of debts! 
 
 2. What is the legal rule as to such pay- 
 ment? 
 
 3. If a man refuses to pay an account, is 
 there any method to enforce payment? 
 
 4. What was the early New England plan to 
 enforce payment? 
 
 5. What is the process called when mort- 
 gaged lands are sold for debt? 
 
 6. Explain the several steps to accomplish 
 the sale? 
 
 7. Is any property relieved or exempt from 
 forced sale? 
 
 8. What property in your state is so re- 
 served? 
 
 9. If a man's property is once sold, may he 
 have it returned? 
 
 10. How is the return accomplished and 
 what is it called? 
 
 11. What is the rule in regard to payment 
 of tax? 
 
 12. What is the extra cost if taxes are not 
 paid promptly?
 
 STUDENT'S REVIEW TEST. 321 
 
 13. Is it the duty of vendor or vendee to 
 know a title is good! 
 
 14. Is a warranty deed all that is needed in a 
 sale of real estate? 
 
 15. Whose duty is it to furnish an abstract 
 and why? 
 
 16. When a purchaser gets the abstract, 
 what next! 
 
 17. What guaranty is behind a deed from 
 the court! 
 
 18. What care should a purchaser observe 
 in any deed? 
 
 19. What is the mortgage law in your own 
 state? 
 
 20. Has your title ever gone through a judi- 
 cial sale of any kind? 
 
 21
 
 322 LAND SURVEY AND LAND TITLES. 
 
 REVIEW TEST FOE CHAPTER XXV. 
 
 LEASEHOLDS AND MINOR ESTATES. 
 
 1. Can a lease be inherited? 
 
 2. What is the owner of a lease right called f 
 
 3. What is the owner of a leased property 
 called? 
 
 4. Will a lease on a property affect its trans- 
 fer? How? 
 
 5. Is a lease hold real or personal prop- 
 erty? 
 
 6. How are the privileges of a tenant de- 
 nned? 
 
 7. Must leases of land be in writing? 
 
 8. When shall a tenant vacate a property? 
 
 9. What rights has a tenant against a new 
 owner? 
 
 10. Should a lease be recorded ? Why? 
 
 11. What are oil leases? Gas leases? Coal 
 rights ? 
 
 12. Does a coal or oil lease differ from a 
 surface lease? 
 
 13. Can a surface be sold after the coal has 
 been removed? 
 
 14. What are easements? 
 
 15. May an easement be sold or transferred ? 
 
 16. Can an easement injure one property and 
 benefit another? Explain?
 
 STUDENT'S REVIEW TEST. 323 
 
 17. What is a bond for a deed I 
 
 18. What are defects and flaws in a title? 
 
 19. May they be removed or remedied? 
 
 20. What is required of a purchaser as to his 
 title?
 
 324 LAND SURVEY AND LAND TITLES. 
 
 REVIEW TEST FOE CHAPTER XXVI. 
 
 ADVERSE TITLES. 
 
 1. What is meant by adverse titles? 
 
 2. May an adverse title be transferred by 
 deed and by inheritance? 
 
 3. How may an adverse title be harmonized ? 
 
 4. What effect has a wrong description in a 
 deed? 
 
 5. How may such error be adjusted? 
 
 6. What is meant by adverse possession? 
 
 7. Does an adverse title produce an adverse 
 possession? 
 
 8. What is meant by statute of limitation? 
 
 9. What is the period of limitation in your 
 state ? 
 
 10. Will the adverse possession for the full 
 period of limitation give a good title! 
 
 11. Must the full period be by one man only? 
 
 12. What restriction as to the law of limi- 
 tation? 
 
 13. What is a suit to quiet title? 
 
 14. What is the theory of its effectiveness? 
 
 15. What care must be exercised in such 
 suit? 
 
 16. What recourse have materialmen and 
 mechanics for collection of accounts due them?
 
 STUDENT'S REVIEW TEST. 325 
 
 17. Which condition should an examiner con- 
 sider the possibility of an adverse claim or 
 the probability of its appearance? 
 
 18. "Why does the law of limitation not run 
 against minors and lunatics'? 
 
 19. What is meant by a color of title? 
 
 20. What is a cloud on a title and how is it 
 removed?
 
 326 LAND SUBVEY AND LAND TITLES. 
 
 REVIEW TEST FOB CHAPTER XXVII. 
 
 LAND VALUES AND THEIR INCREASE. 
 
 1. What did Grover Cleveland say of the 
 value of land! 
 
 2. From what source is all wealth obtained? 
 
 3. What conditions gave rise to specialized 
 labor! 
 
 4. What conditions called forth the better 
 and larger means of transportation? 
 
 5. What condition demanded and promoted 
 our mail service? 
 
 6. Is there any value in forest tracts after 
 the removal of the timber? How, or why? 
 
 7. Which division of the earth is most valua- 
 ble and why? 
 
 8. What opportunity for increased value in 
 farm land and how? 
 
 9. How do orchard lands excel as to values 
 and why? 
 
 10. What mines are the most valuable? Ex- 
 plain. 
 
 11. May a farmer produce crops and another 
 mine the coal below the same surface? 
 
 12. How deep does a farm extend? How 
 high? 
 
 13. In what way may the greatest wealth be 
 obtained from the earth?
 
 STUDENT'S REVIEW TEST. 327 
 
 14. Are there any undeveloped opportuni- 
 ties for the man of to-day? 
 
 15. Why is Chicago so much larger than the 
 other cities of the United States except New 
 York? 
 
 16. What cites of the United States should 
 continue to grow? 
 
 17. Why is Gary so well located for steel 
 mills? 
 
 18. What caused the growth of Minneapolis ? 
 
 19. What effect has the increase of popula- 
 tion on the increase of grains raised? 
 
 20. Is an abstract needed in the purchase 
 of a coal mine or a city lot as much as in the 
 buying of a farm?
 
 328 LAND SUEVEY AND LAND TITLES. 
 
 REVIEW TEST FOE CHAPTER XXVIII. 
 
 TITLE INSURANCE AND GUARANTY CERTIFICATES. 
 
 1. Explain the difference between an ab- 
 stract of title and tbe attorney's opinion on a 
 title. 
 
 2. What is the advantage of having an ab- 
 stract? 
 
 3. Will an abstract insure an owner against 
 loss? 
 
 4. What are guaranty or title insurance com- 
 panies ? 
 
 5. What is the process in issuing title insur- 
 ance policies? 
 
 6. Are policies issued for other purposes ex- 
 cept against loss of title? Explain. 
 
 7. Can a title insurance policy keep an owner 
 from having his property taken from him? 
 
 8. What is meant by probating an estate? 
 Is it necessary if the deceased left a will? 
 
 9. Name some guaranty companies you 
 know? 
 
 10. How is it possible for an abstract to 
 show a good title and yet the title be defective. 
 
 11. Is it any advantage after having an ab- 
 stract to also get a certificate or policy of in- 
 surance?
 
 STUDENT'S REVIEW TEST. 329 
 
 12. Why can a company better afford to 
 carry the risk of loss than the owner of a prop- 
 erty? 
 
 13. Do you know of any case where a deed 
 or mortgage was forged? 
 
 14. Will the deed of a minor convey his 
 property? 
 
 15. What right in your state has the surviv- 
 ing spouse in the property owned by the de- 
 ceased husband or wife?
 
 330 LAND SURVEY AND LAND TITLES. 
 
 REVIEW TEST FOR CHAPTER XXIX. 
 
 THE TORRENS SYSTEM OF LAND REGISTRATION. 
 
 1. Is there more than one method of land 
 transfer ? 
 
 2. What is peculiar of the English method! 
 
 3. What is meant by the law of primogen- 
 iture? 
 
 4. What is the condition of land ownership 
 in England and Wales! 
 
 5. What were the Doomsday Books ? 
 
 6. Who promoted the Torrens system of land 
 transfer ? 
 
 7. Why is this system not applicable to the 
 United States? 
 
 8. When was sovereignty of the soil trans- 
 ferred from the crown to the commonwealth? 
 
 9. What is the difference between the re- 
 corder and the registrar? 
 
 10. Does the Torrens system dispense with 
 the use of the abstract? 
 
 11. Have our leading Torrens advocates em- 
 ployed the system in their own affairs ? 
 
 12. Is the use of the Torrens system proof 
 against loss? 
 
 13. Which offers the greatest security the 
 Torrens redemption fund or the assets of a "ti- 
 tle insurance company!"
 
 STUDENT'S REVIEW TEST. 331 
 
 14. What is the judicial system of land trans- 
 fer! 
 
 15. What system is employed throughout 
 the United States? 
 
 16. Can you determine from the public rec- 
 ords in England who is owner of an estate? 
 
 17. What is the difference between the 
 "owner of record" and the "real owner" in 
 the U. S.? 
 
 18. What share of their father's estate do 
 the girls in England inherit? 
 
 19. What is the real weakness in such a law! 
 
 20. What is the worst feature of the Tor- 
 ren's law?
 
 332 LAND SUBVEY AND LAND TITLES. 
 
 REVIEW TEST FOE CHAPTER XXX. 
 
 THE WIDOW'S ESTATE. 
 
 1. Does time interfere with rights and privi- 
 leges? 
 
 2. Why is a woman inexperienced in busi- 
 ness affairs? 
 
 3. What is a homestead and a homestead 
 right? 
 
 4. What is the dower interest? 
 
 5. When do the homestead and dower inter- 
 ests cease? 
 
 6. Is the homestead and dower interest the 
 same in all states? 
 
 7. Does your state allow the above interests 
 or does its laws set apart a share in fee? 
 
 8. When an estate is partitioned does each 
 child secure a separate tract? How? 
 
 9. What reason for having an estate so di- 
 vided? 
 
 10. Is the personal property divided in the 
 same proportion as the real estate? 
 
 11. Do the same laws govern the division of 
 the real estate as of the personal? What if sit- 
 uate in different states! 
 
 12. Does a widow have dower in all lands 
 ever owned by her husband? What exceptions?
 
 STUDENT'S REVIEW TEST-. 333 
 
 13. "Who inherits the money received from 
 life insurance? 
 
 14. Do the laws of place of death in any 
 way control inheritance? 
 
 15. Is it necessary to probate an estate? 
 Why? 
 
 16. Is it necessary to employ a lawyer in the 
 settlement of an estate? 
 
 17. What are some of the securities that 
 make a safe investment? 
 
 18. Are investments offering an extra high 
 return safe? Why, or why not? 
 
 19. What is the difference between invest- 
 ment and speculation? 
 
 20. What rule to apply before speculating?
 
 334 LAND SUBVEY AND LAND TITLES. 
 
 GENERAL REVIEW OF PART TWO. 
 
 1. Between what township lines is your 
 county situated? 
 
 2. Between what range lines is your county 
 located ? 
 
 3. How many congressional or school town- 
 ships in your county? 
 
 4. How many political townships in your 
 county? 
 
 5. Name the political townships and locate 
 each. 
 
 6. Give the description of the section in 
 which your school is situated. 
 
 7. Locate the forty acres in which your 
 home is found. 
 
 8. Name your county capital. Your state 
 capital. 
 
 9. In what township is your county seat sit- 
 uated ? 
 
 10. Through what townships does your near- 
 est railroad extend? 
 
 11. What principal meridian is nearest you? 
 In which direction is it? About how far? 
 
 12. How far and in which direction is the 
 base line you use in describing land? 
 
 13. How many acres in the section where 
 vour school house stands?
 
 STUDENT'S REVIEW TEST. 335 
 
 14. What is the largest section in your coun- 
 ty? 
 
 15. How many sections in your county? 
 
 16. Section sixteen and later Section thirty- 
 six also was set apart for school purposes. If 
 the land in your township embraced in these 
 sections had been kept till now and sold at pres- 
 ent market price, how much would it amount 
 
 17. Is there a secondary base or correction 
 line crossing your county? 
 
 18. Have you ever noticed any jog corners 
 in the road? What causes them? 
 
 19. Do any townships in your county have 
 no railroad? 
 
 20. Bound your county. 
 
 21. Where is a watershed in your county? 
 
 22. Name all the towns in your county which 
 are located on a railroad. 
 
 23. Name the inland towns of your county. 
 
 24. Can you name any of the streets in the 
 nearest town? 
 
 25. What advantage is it to have the streets 
 named? 
 
 26. What other methods of telling the 
 streets ? 
 
 27. Name all the prime meridians you can. 
 
 28. How many sections in the United States 
 described as section 11, township 15 north, 
 range 8 east of the third principal meridian?
 
 336 LAND SURVEY AND LAND TITLES. 
 
 29. When was your county first settled? 
 
 30. What foreign country exercised owner- 
 ship over your county prior to the United 
 States? 
 
 31. Where do titles in your county begin? 
 
 32. Are there any tree claims in your coun- 
 ty? 
 
 33. Tell about the development of the meth- 
 ods of land transfer. 
 
 34. Is land ever transferred? 
 
 35. When does ownership of land begin! 
 
 36. Name the instruments of land transfer! 
 
 37. Who is the grantor? The grantee? 
 
 38. What is a mortgage? 
 
 39. Who is a mortgagor? A mortgagee? 
 
 40. What is a landlord? A tenant? 
 
 41. What is an abstract? 
 
 42. What is the need of it? 
 
 43. What is a lien? 
 
 44. What is a water right? 
 
 45. What is a party wall? 
 
 46. What is an easement? 
 
 47. May a minor own real estate? 
 
 48. May a minor transfer real estate? 
 
 49. What is an affidavit? 
 
 50. Of what use are they? 
 
 51. What is an indenture as applied to real 
 estate ? 
 
 52. What is the history of a title called? 
 
 53. From what is it prepared?
 
 STUDENT'S REVIEW TEST. 337 
 
 54. Who records deeds, mortgages, etc., in 
 your county? 
 
 55. Who prepares histories of titles in your 
 county! 
 
 56. Name the different abstractors and ab- 
 stract companies in your county. 
 
 57. Who is your county surveyor? 
 
 58. What is the magnetic pole? 
 
 59. Where is it located? 
 
 60. Does the needle of the compass point to- 
 ward the North Pole? 
 
 22
 
 THE LAWS OF BABYLON. 
 
 The earliest known code of laws was the code 
 of Hammurabi, a Babylonian monarch supposed 
 to have been compiled about 2000 B. C. It con- 
 sists of some two hundred and eighty sections 
 from which the following twelve have been se- 
 lected. 
 
 As to lands. 
 
 1. If any one has taken a field to cultivate, 
 and has not made grain to grow in the field, 
 he shall be charged with not having done his 
 duty, and shall give grain equal to that yielded 
 by the neighboring field. 
 
 2. If a man has a debt and if the grain has 
 not grown on account of lack of water, in that 
 year he shall give no grain to the creditor, but 
 shall soak his tablet x and pay no interest that 
 year. 
 
 3. If any one is too lazy to keep his dikes in 
 order and a breach is made, and the fields 
 flooded, the man in whose dike the breach was 
 opened shall replace the grain destroyed. 
 
 1. Contracts were written on stone or clay tablets. 'Soak 
 his tablet' meant to wash, cleanse or dissolve the tablet and 
 to cancel the contract. 
 
 (338)
 
 LAWS OF BABYLON. 339 
 
 4. If any one opens his irrigation canals to 
 let in water and is careless, and water floods his 
 neighbor's field, he shall measure out grain to 
 his neighbor in proportion to the yield of the 
 neighboring field. 
 
 General Laws. 
 
 5. If a doctor has treated a man, and has 
 cured the man, or has opened a tumor and cured 
 his eye, he shall receive ten shekels of silver. 
 
 6. If a physician has treated a free-born 
 man, etc., and has caused the man to die, or to 
 lose his eye, his hands one shall cut off. 
 
 7. If a man strikes another in a quarrel and 
 shall swear, "I did not strike him wittingly," 
 he shall pay the doctor. 
 
 8. If any one has broken a hole in a house, 
 in front of that hole, one shall kill him and 
 bury him. 
 
 9. If any one has committed a robbery, and 
 is caught he shall be killed. 
 
 10. If the robber is not caught, the man who 
 was robbed shall make claim before God to 
 every thing stolen and the town and its governor 
 shall give him back every thing he lost. 
 
 11. If a man has received in deposit, gold, 
 silver, a slave, an ox, or whatever it may be, 
 without witness or contract, he shall be put to 
 death. 
 
 12. If a judge has delivered a sentence, has 
 made a decision and fixed it in writing, and if
 
 340 LAND SURVEY AND LAND TITLES. 
 
 afterwards he has annulled his sentence, that 
 judge shall be brought to judgment; for the 
 penalty he inflicted, twelve fold he shall pay; 
 and publicly they shall remove him from his 
 judgment seat. Space does not permit giving 
 judgment seat. 
 
 Space does not permit giving others.
 
 LAND MEASURE. 
 
 1 vara = 33 1-3 inches. 
 36 varas - 100 feet. 
 1900.8 varas = one mile - 5280 feet. 
 5000 varas square = 4428.4 acres = 1 league. 
 2688.1 varas square = 1280.0 acres. 
 2328.0 varas square = 960.0 acres. 
 1900.8 varas square = 640.0 acres. 
 1451.0 varas square 320.0 acres. 
 1000 varas square = 177.1 acres = 1 labor. 
 950.4 varas square = 160.0 acres. 
 
 To reduce varas to feet: Multiply by 100, then 
 divide by 36. 
 
 To reduce feet to varas : Multiply by 36, then 
 divide by 100. 
 
 To reduce sq. varas to acres: Multiply by 
 177, then cut off 6 decimals. 
 
 The above table is commonly called the Span- 
 ish system of land measure. It is found ex- 
 tensively in Texas, California and other dis- 
 tricts of Spanish origin, and is universally used 
 in Mexico. 
 
 MEASURING HAY IN A STACK. 
 
 There can be no set rule for obtaining the 
 amount of hay in a stack, but approximate ton- 
 nage may be determined in this manner : Meas- 
 (341)
 
 342 LAND SUBVEY AND LAND TITLES. 
 
 ure the base of the stack each way, then meas- 
 ure from the base on one side, over the top and 
 to the base on the other. Multiply the length 
 by the width and the result by one-third of the 
 length over the top. This will give the number 
 of cubic feet in the stack. 
 
 The number of cubic feet of hay in a ton 
 must be reduced in proportion to the time it has 
 been stacked. Of newly stacked hay, before any 
 settling takes place, about five hundred cubic 
 feet are required to make a ton. Three months 
 of settling will reduce the number of cubic feet 
 to four hundred. 
 
 If a stack is not put up on straight lines, sev- 
 eral over-top measurements must be made and 
 the average taken, or if the stack carries up 
 straight above the bulge this must be consid- 
 ered. 
 
 To measure hay in the mow, multiply length, 
 width and depth together and divide as above 
 suggested.
 
 INTEREST TABLES. 
 
 343 
 
 6 PER CENT INTEREST TABLE 
 
 TIME 
 
 $1 
 
 $2 
 
 $3 
 
 $4 
 
 $5 
 
 $6 
 
 $10 
 
 $20 
 
 $50 
 
 $100 
 
 $1,000 
 
 f 1 
 
 
 
 
 
 
 
 1 
 2 
 3 
 3 
 4 
 5 
 6 
 7 
 8 
 8 
 13 
 17 
 21 
 25 
 28 
 53 
 78 
 
 25 
 50 
 75 
 1.00 
 1.25 
 1.50 
 1.75 
 2.00 
 2.25 
 2.50 
 2.75 
 3.00 
 
 2 
 3 
 5 
 7 
 8 
 10 
 12 
 13 
 15 
 17 
 25 
 33 
 42 
 50 
 55 
 1.05 
 1.55 
 
 50 
 1.00 
 1.50 
 2.00 
 2.50 
 3.00 
 3.50 
 4.00 
 4.50 
 5.00 
 5.50 
 6.00 
 
 17 
 38 
 50 
 67 
 83 
 1.00 
 1.17 
 1.33 
 1.50 
 1.67 
 2.50 
 3.33 
 4.17 
 5.00 
 5.50 
 10.50 
 15.50 
 
 5.00 
 10.00 
 15.00 
 20.00 
 25.00 
 30.00 
 35.00 
 40.00 
 45.00 
 50.00 
 55.00 
 60.00 
 
 2 
 
 
 
 
 
 
 
 
 1 
 1 
 1 
 2 
 2 
 2 
 3 
 3 
 3 
 5 
 7 
 8 
 10 
 11 
 21 
 31 
 
 10 
 20 
 30 
 40 
 50 
 60 
 70 
 80 
 90 
 1.00 
 1.10 
 1.20 
 
 3 
 
 
 
 
 
 
 
 1 
 1 
 1 
 1 
 1 
 1 
 2 
 2 
 3 
 3 
 4 
 5 
 6 
 11 
 16 
 
 5 
 10 
 15 
 20 
 25 
 30 
 35 
 40 
 45 
 50 
 55 
 60 
 
 4 
 
 
 
 
 
 
 
 5 
 
 
 
 
 
 
 1 
 1 
 
 1 
 1 
 1 
 1 
 2 
 2 
 2 
 3 
 3 
 6 
 9 
 
 3 
 6 
 9 
 12 
 15 
 18 
 21 
 24 
 27 
 30 
 33 
 30 
 
 6 
 
 
 
 
 
 1 
 1 
 1 
 1 
 
 1 
 1 
 
 2 
 2 
 3 
 3 
 5 
 8 
 
 3 
 
 5 
 
 8 
 10 
 13 
 15 
 
 18 
 20 
 23 
 25 
 28 
 30 
 
 7 . . 
 
 
 
 
 
 & 8.. 
 
 
 
 
 1 
 
 1 
 1 
 1 
 1 
 2 
 2 
 2 
 4 
 6 
 
 2 
 4 
 6 
 8 
 10 
 12 
 14 
 16 
 18 
 20 
 22 
 24 
 
 5 9.. 
 
 
 
 
 3 10... 
 
 
 
 1 
 1 
 1 
 1 
 2 
 2 
 3 
 5 
 
 2 
 3 
 5 
 6 
 8 
 9 
 11 
 12 
 14 
 15 
 17 
 18 
 
 15 
 
 
 1 
 
 1 
 1 
 1 
 1 
 2 
 3 
 
 1 
 2 
 
 3 
 4 
 5 
 6 
 7 
 8 
 9 
 10 
 11 
 12 
 
 20 
 
 
 25 
 
 
 30 
 
 1 
 1 
 1 
 2 
 
 1 
 
 1 
 2 
 2 
 3 
 3 
 4 
 4 
 5 
 5 
 6 
 6 
 
 33 
 
 63 
 
 93 
 
 1 
 
 2 
 
 3 
 
 4.. 
 
 m 
 
 a 5.. 
 
 H 6.. 
 
 7.. 
 
 3 8.. 
 
 9 
 
 10 
 
 11 
 
 [12 

 
 344 LAND SURVEY AND LAND TITLES. 
 
 To find interest by the table given on the opposite page 
 proceed as follows. 
 
 Find the interest on $1248 for 6 months and 
 15 days. 
 
 Interest for $1000 for 6 months and 15 days: $32.50 
 Interest for 200 for 6 months and 15 days: 6.50 (twice $100) 
 Interest for 40 for 6 months and 15 days: 1.30 (twice 20) 
 Interest for 8 for 6 months and 15 days: .26 (twice 4) 
 
 Total interest $40.56 
 
 To find the interest at 7 per cent: First, by the table de- 
 termine the interest at 6 per cent, then add one-sixth to 
 the result. If the rate is 5 per cent subtract the one-sixth 
 etc. 
 
 Another method for calculating interest at 6 
 per cent, is known as the commercial method, 
 and when once mastered is easier and shorter 
 than any other. 
 
 First the interest on $100 for 1 year at 6 per cent=$6. 
 And the interest on $100 for 16 2-3 years at 6 per cent $100. 
 That is, the interest equals the principal in 200 months, 
 and the interest equals 1-100 of principal in 2 months. 
 [Two months=60 days] 
 
 The interest^l-10 of 1-100 of the principal in 6 days.
 
 INTEREST TABLES. 345 
 
 Find the interest on $1248 for 6 months and 
 15 days at 6 per cent. 
 
 Remembering the interest for 2 months or 60 days equals 
 1-100 of the principal we have $12.48 as the interest for 2 
 months and $37.44 equals the interest for 6 months. 
 [6 months is 3 times 2 months] 
 
 15 days equals X of 60 days; therefore J< of $12.48, or 
 $3.12 equals the interest for 15 days. 
 
 $37.44 + $3.12 = $40.56 the answer. 
 
 Process $1248 
 
 37.44 By this method few figures 
 3.12 are needed as most of the 
 process is mental. 
 
 $40.56 ans. 
 
 The only thing to remember is to remove (mentally) the 
 decimal point two places toward the left and the result is the 
 interest on the principal for 2 months (or 60 days) at 6 per 
 cent. Then by a simple multiplication of equal parts, the 
 desired result is obtained. 
 
 If the rate is other than six per cent, first get the result 
 at 6 per cent and proceed to add or subtract as suggested 
 above.
 
 346 
 
 LAND SURVEY AND LAND TITLES. 
 
 RATE OF INCOME ON STOCKS 
 
 Purchased at the following prices (par value being $100) i 
 and bearing interest at the following rates. 
 
 Paid 
 
 3% 
 
 4% 
 
 5% 
 
 6% 
 
 7% 
 
 8% 
 
 9% 
 
 $50 
 
 6.00 
 
 8.00 
 
 10.00 
 
 12.00 
 
 14.00 
 
 16.00 
 
 18.00 
 
 55 
 
 5.45 
 
 7.27 
 
 9.09 
 
 10.90 
 
 12.72 
 
 14.55 
 
 16.30 
 
 60 
 
 5.00 
 
 6.67 
 
 8.33 
 
 10.00 
 
 11.66 
 
 13.33 
 
 15.30 
 
 65 
 
 4.62 
 
 6.15 
 
 7.69 
 
 9.23 
 
 10.76 
 
 12.30 
 
 13.85 
 
 70 
 
 4.28 
 
 5.71 
 
 7.14 
 
 8.57 
 
 10.00 
 
 11.42 
 
 12.85 
 
 75 
 
 4.00 
 
 5.33 
 
 6.66 
 
 8.00 
 
 9.33 
 
 10.66 
 
 12.00 
 
 80 
 
 3.75 
 
 5.00 
 
 6.25 
 
 7.50 
 
 8.75 
 
 10.00 
 
 11.25 
 
 85 
 
 3.53 
 
 4.70 
 
 5.88 
 
 7.05 
 
 8.23 
 
 9.41 
 
 10.58 
 
 90 
 
 3.33 
 
 4.44 
 
 5.55 
 
 6.66 
 
 7.77 
 
 8.88 
 
 10.00 
 
 91 
 
 3.30 
 
 4.40 
 
 5.49 
 
 6.59 
 
 7.69 
 
 8.79 
 
 9.89 
 
 92 
 
 3.26 
 
 4.34 
 
 5.43 
 
 6.52 
 
 7.60 
 
 8.70 
 
 9.78 
 
 93 
 
 3.23 
 
 4.30 
 
 5.38 
 
 6.45 
 
 7.53 
 
 8.60 
 
 9.68 
 
 94 
 
 3.19 
 
 4.26 
 
 5.32 
 
 6.38 
 
 7.45 
 
 8.51 
 
 9.57 
 
 95 
 
 3.15 
 
 4,21 
 
 5.26 
 
 6.31 
 
 7.36 
 
 8.42 
 
 9.47 
 
 96 
 
 3.13 
 
 4.17 
 
 5.21 
 
 6.25 
 
 7.29 
 
 8.33 
 
 9.38 
 
 97 
 
 3.09 
 
 4.12 
 
 5.15 
 
 6.18 
 
 7.22 
 
 8.25 
 
 9.28 
 
 98 
 
 3.06 
 
 4.08 
 
 5.10 
 
 6.12 
 
 7.14 
 
 8.16 
 
 9.18 
 
 99 
 
 3.03 
 
 4.04 
 
 5.05 
 
 6.06 
 
 7.07 
 
 8.08 
 
 9.09 
 
 101 
 
 2.97 
 
 3.96 
 
 4.95 
 
 5.94 
 
 6.93 
 
 7.92 
 
 8.91 
 
 102 
 
 2.94 
 
 3.92 
 
 4.90 
 
 5.88 
 
 6.86 
 
 7.84 
 
 8.82 
 
 103 
 
 2.91 
 
 3.88 
 
 4.85 
 
 5.83 
 
 6.80 
 
 7.77 
 
 8.74 
 
 104 
 
 2.88 
 
 3.85 
 
 4.81 
 
 5.77 
 
 6.73 
 
 7.69 
 
 8.65 
 
 105 
 
 2.86 
 
 3.80 
 
 4.76 
 
 5.71 
 
 6.66 
 
 7.61 
 
 8.57 
 
 106 
 
 2.83 
 
 3.77 
 
 4.72 
 
 5.66 
 
 6.60 
 
 7.55 
 
 8.49 
 
 107 
 
 2.80 
 
 3.74 
 
 4.67 
 
 5.61 
 
 6.54 
 
 7.48 
 
 8.41 
 
 108 
 
 2.78 
 
 3.70 
 
 4.63 
 
 5.56 
 
 6.48 
 
 7.41 
 
 8.33 
 
 109 
 
 2.75 
 
 3.67 
 
 4.59 
 
 5.50 
 
 6.42 
 
 7.34 
 
 8.26 
 
 110 
 
 2.72 
 
 3.63 
 
 4.54 
 
 5.45 
 
 6.36 
 
 7.27 
 
 8.18 
 
 115 
 
 2.60 
 
 3.48 
 
 4.34 
 
 5.21 
 
 6.08 
 
 6.95 
 
 7.83 
 
 120 
 
 2.50 
 
 3.33 
 
 4.16 
 
 5.00 
 
 5.83 
 
 6.66 
 
 7.50 
 
 130 
 
 2.30 
 
 3.07 
 
 3.84 
 
 4.61 
 
 5.38 
 
 6.15 
 
 6.92 
 
 140 
 
 2.14 
 
 2.86 
 
 3.57 
 
 4.28 
 
 5.00 
 
 5.71 
 
 6.43
 
 MISCELLANEOUS TABLES. 347 
 
 MISCELLANEOUS LONG MEASURE. 
 
 3 inches make 1 palm 
 
 4 inches make 1 hand 
 
 9 inches make 1 span 
 
 1 2 inches make 1 foot 
 
 3 . 2809 inches make 1 metre 
 
 18 inches make 1 cubit 
 
 28 inches make 1 sacred cubit (nearly) 
 
 3 feet make 1 yard 
 
 6 feet make 1 fathom 
 
 120 fathoms make 1 cable 
 
 The United States standard of measure is a brass rod, 
 which at 32 degrees, is a standard yard of three feet or thirty- 
 six inches. 
 
 SHOEMAKER'S MEASURE. 
 
 Number 1 is 4.125 inches in length, and each succeeding 
 number is one third or .333 inch longer. There are 28 different 
 sizes in two divisions of numbers, to-wit, 1 to 13 and 1 to 15 
 
 DRY MEASURE 
 
 Used to measure all commodities, such as fruit, vegetables, 
 grains, coal, etc. 
 
 2 pints make 1 quart (67.2 cubic inches) 
 4 quarts make 1 gallon (268.8 cubic inches) 
 2 gallons make 1 peck (537.6 cubic inches) 
 4 pecks make 1 bushel (2150.4 cubic inches) 
 36 bushels make 1 chaldron (coal measure) 
 
 4 bushels make 1 coom (used in England) 
 2 cooms make 1 quarter (used in England) 
 
 5 quarters make 1 wey (used in England) 
 2 weys make 1 last (used in England)
 
 348 
 
 LAND SURVEY AND LAND TITLES. 
 
 METRIC SYSTEM 
 MEASURE OF WEIGHT 
 (Unit Gramme.) 
 
 Centigramme 
 
 Grains. 
 0.15432 
 
 Oz. 
 Troy. 
 
 Lb. 
 Avoir Cwt. 
 
 Decigramme 
 
 1.54323 
 
 0.003 
 
 
 Gramme 
 
 15.43235 
 
 032 
 
 002 
 
 Decagramme 
 
 154.32349 
 
 0.321 
 
 0.022 . . . 
 
 Hectogramme . . 
 
 . 1543.23488 
 
 3.215 
 
 0.220 0.001 
 
 Kilogramme 15432.34880 32.150 2.204 0.019 
 
 MEASURE OF LENGTH 
 
 (Unit Metre.) 
 
 Millimetre 
 
 Inches. 
 03937 
 
 Feet. 
 003 
 
 Yards. Miles. 
 001 
 
 Centimetre 
 
 39371 
 
 032 
 
 010 
 
 Decimetre 
 
 3.93708 
 
 328 
 
 0.109 
 
 Metre . . 
 
 39.37079 
 
 3.280 
 
 1.093 
 
 Decametre 393 . 70790 32 .808 10 . 936 . 006 
 
 Hectometre 3937.07900 328.089 109.363 0.062 
 
 Kilometre.. ..39370.79000 3280.899 1093.633 0.621
 
 MISCELLANEOUS TABLES. 349 
 
 CONVENIENT MULTIPLES FOR CONVERSION 
 
 To Convert 
 
 Grains to Grammes Multiply by .065 
 
 Ounces to Grammes " 28.35 
 
 Pounds to Grammes " " 453 .6 
 
 Pounds to Kilogrammes .45 
 
 Cwts. to Kilogrammes " 50.8 
 
 Tons to Kilogrammes " " 1016. 
 
 Grammes to Grains " 15.4 
 
 Grammes to Ounces 0.35 
 
 Kilogrammes to Ounces " 35.3 
 
 Kilogrammes to Pounds 2.2 
 
 Kilogrammes to Cwts .02 
 
 Kilogrammes to Tons " " .001 
 
 Inches to Millimetres " 25.4 
 
 Inches to Centimetres 2 .54 
 
 Feet to Metres " " .3048 
 
 Yards to Metres " .9144 
 
 Yards to Kilometres " " .0009 
 
 Miles to Kilometres " " 1.6 
 
 Millimetres to Inches .04 
 
 Centimetres to Inches .4 
 
 Metres to Feet " 3.3 
 
 Metres to Yards " " 1.1 
 
 Kilometres to Yards " 1093 .6 
 
 Kilometres to Miles .62 
 
 1 Yard equals 0.9144 metre. 1 Square Metre equals 1.196 
 square yards. I Litre equals 1.760 Pints or 0.22 Gallons.
 
 VALUE OF FOREIGN COINS IN UNITED STATES 
 MONEY 
 
 
 Stand- 
 
 
 Value in 
 
 Country- 
 
 ard. 
 
 Monetary Unit. 
 
 U. S. Gold 
 
 
 
 
 Dollar. 
 
 Argent. R. 
 
 Gold 
 
 Peso 
 
 $0.96,5 
 
 Austria-H. 
 
 Gold 
 
 Crown 
 
 .20,3 
 
 Belgium 
 
 Gold 
 
 Franc 
 
 ,19.3 
 
 Bolivia 
 
 Silver 
 
 Boliviano 
 
 .42,2 
 
 Brazil 
 
 Gold 
 
 Milreis 
 
 .54,6 
 
 Canada 
 
 Gold 
 
 Dollar 
 
 1.00 
 
 Cent. Am. 
 
 Silver 
 
 Peso 
 
 .42,2 
 
 Chili 
 
 Gold 
 
 Peso 
 
 .36.5 
 
 
 
 1 Shanghai 
 
 .63,1 
 
 China 
 
 Silver 
 
 TaeH Haikwan 
 
 .70,3 
 
 
 
 [ Canton 
 
 .68,9 
 
 Colombia 
 
 Gold 
 
 Dollar 
 
 1.00 
 
 Costa Rica 
 
 Gold 
 
 Colon 
 
 .46,5 
 
 Cuba 
 
 Gold 
 
 Peso 
 
 .91,0 
 
 Denmark 
 
 Gold 
 
 Crown 
 
 .26,8 
 
 Ecuador 
 
 Gold 
 
 Sucre 
 
 .48,7 
 
 Egypt 
 
 Gold 
 
 Pound (100 piasters) 
 
 4.94,3 
 
 France 
 
 Gold 
 
 Franc 
 
 .19,3 
 
 Germany 
 
 Gold 
 
 Mark 
 
 .23,8 
 
 Great Britain 
 
 Gold 
 
 Pound sterling 
 
 4.86,6^ 
 
 Greece 
 
 Gold 
 
 Drachma 
 
 .19,3 
 
 Hayti 
 
 Gold 
 
 Gourde 
 
 .96,5 
 
 India 
 
 Gold 
 
 Pound Sterling 
 
 4. 86,6 M 
 
 Italy 
 
 Gold 
 
 Lira 
 
 .19,3 
 
 Japan 
 
 Gold 
 
 Yen 
 
 .49,8 
 
 Mexico 
 
 Silver 
 
 Dollar 
 
 .45,8 
 
 Netherlands 
 
 Gold 
 
 Florin 
 
 .40,2 
 
 Newfoundland 
 
 Gold 
 
 Dollar 
 
 1.01,4 
 
 Norway 
 
 Gold 
 
 Crown 
 
 .26,8 
 
 Peru 
 
 Gold 
 
 Sol 
 
 .48,7 
 
 Portugal 
 
 Gold 
 
 Milreis 
 
 1.08 
 
 Russia 
 
 Gold 
 
 Ruble 
 
 .51,5 
 
 Spain 
 
 Gold 
 
 Peseta 
 
 .19,3 
 
 Sweden 
 
 Gold 
 
 Crown 
 
 .26,8 
 
 Switzerland 
 
 Gold 
 
 Franc 
 
 .19,3 
 
 Turkey 
 
 Gold 
 
 Piaster 
 
 .04,4 
 
 Uruguay 
 
 Gold 
 
 Peso 
 
 1.03,4 
 
 Venzuela 
 
 Gold 
 
 Bolivar 
 
 .19,3
 
 STANDABD TIME. 351 
 
 STANDARD TIME 
 
 For convenience in operating railroad trains and for 
 use by the public, an agreement by the railroads was made 
 in 1883. 
 
 By this system the United States was divided into four 
 sections or belts extending north and south, and named 
 Eastern, Central, Mountain and Pacific respectively. 
 
 Eastern time includes that territory between the Atlantic 
 Ocean on the east and an irregular line drawn from Detroit, 
 Michigan, to Charleston, South Carolina, its most southern 
 extremity. 
 
 Central time includes the district west from the last 
 named line to an irregular line drawn from Bismark, North 
 Dakota, southward to the mouth of the Rio Grande River. 
 
 Mountain time covers all that section from the last 
 named line to near the western boundaries of Idaho, Utah, 
 and Arizona. 
 
 Pacific time embraces all the remaining portion of the 
 United States westward to the Pacific Ocean. 
 
 Standard time is uniform in each of the several districts 
 throughout a given division. That is, it is the same time at 
 Columbus, Ohio, as it is at Kansas City, Missouri, or New 
 Orleans, Louisiana, by standard time, and each place named 
 is one hour later than Washington, D. C., or any other point 
 in the eastern belt. 
 
 New York is four hours later than is San Francisco, 
 reckoned by standard time; thus, at 12 o'clock, noon, at 
 New York (eastern time), Chicago is 11 o'clock, A.M. (central 
 time); Denver is 10 o'clock, A. M. (mountain time), and 
 San Francisco is 9 o'clock, A. M. (Pacific time). 
 
 The true local, or sun time, does not always agree with 
 the standard time, but will be faster in the eastern part of 
 each belt or zone and slower in the western portion, varying 
 in some instances as much as 28 minutes. 
 
 A traveler crossing the United States from east to west 
 must continue setting his watch back to keep pace with the 
 standard zones, while when traveling from west to east, his 
 watch must be advanced at regular stations or he will miss 
 several hours. The same experience is met with in traveling 
 around the world, and reckoning with the days of the week.
 
 352 LAND SURVEY AND LAND TITLES. 
 
 These sample forms should be studied in connection with 
 the lessons treating of their use and the student will do well 
 to copy each one in full inserting familiar names in place of 
 the stereotype "John Doe," etc. It must also be understood 
 that some form of acknowledgment should be appended to 
 each deed, mortgage, and release, using the form prescribed by 
 the statute of the state where the land to be transferred, is 
 located. Thus if you live in California and deed land in Illinois 
 use the Illinois form of acknowledgment. Deeds are often de- 
 fective by the use of the wrong acknowledgment, or wrong 
 form of conveyance. Remember that the location of the land 
 governs its method of transfer and not the post office address of 
 the parties interested. Several forms of acknowledgements are 
 given to show how they differ in the various states. 
 
 The American Bar Association, the American Associa- 
 tion of Title Men, and the National Association of Real Estate 
 Brokers, are urging uniform legislation on laws of Inheritance, 
 Divorce Laws and Laws of Land Transfer, in order that the 
 transfer of Real Property may be simplified. 
 
 A committee of nine composed of members from each of 
 the three above named national organizations is at present 
 writing (1914) working along this line and it is hoped some 
 uniform legislation may soon be had to relieve the many petty 
 conditions now existing. 
 
 A few forms of acknowledgments as used in different 
 states:
 
 LEGAL AND COMMERCIAL FORMS. 353 
 
 (Arkansas form) 
 
 State of Arkansas, 
 
 Clark County, J On this 3d day of May. 
 
 1910, before me, _John Doe, a justice 
 
 of the peace within and for the county of 
 
 Clark, in the state of Arkansas, ap- 
 peared in person Richard Roe, to me per- 
 sonally well known as the person whose name 
 appears upon the within and foregoing deed 
 
 of conveyance as the party grantor, and stated that he 
 
 had executed the same for the consideration and purposes therein 
 mentioned and set forth, and I do hereby so certify. In testi- 
 mony whereof I have hereunto set my hand as such justice of 
 
 the peace, in the county of Clark, on the 3d day of 
 
 May, 1910. John Doe. 
 
 (Michigan form) 
 
 State of __Michigan, 
 
 __Jackson County, J Before me, Richard Roe_ a 
 
 _Notary Public, this 12th day of _Mav 
 
 f Notarial 1 1910, John Doe acknowledged the execution 
 
 \ Seal. J of the annexed deed (or mortgage). 
 
 Richard Roe, 
 
 Notary Public. 
 
 (Massachusetts form) 
 
 State of _Massachv setts, j 
 
 \m: 
 
 Suffolk County J Then personally appeard the 
 
 above named _John Doe, and acknowl- 
 
 f Notarial 1 edged the foregoing instrument to be his 
 
 Seal. J free act and deed, before me, Richard Roe, 
 
 a Notary Public. 
 
 Richard Roe. 
 
 23
 
 354 LAND SURVEY AND LAND TITLES. 
 (Kansas form) 
 
 State of _Kansas 
 
 Crawford County, J Be it remembered that on this 
 
 15th day of _June, A. D. 1910, 
 
 before me, the undersigned __Notary Public 
 
 f Notarial 1 came _John Doe, who is personally known 
 
 \ Seal. J to me to be the same person who executed the 
 
 foregoing instrument of writing, and as such 
 
 person duly acknowledged the execution of 
 
 the same. In witness whereof I have hereunto set my hand and 
 
 affixed my official seal at Pittsburg, the day and year last 
 
 above written. Richard Roe. 
 
 (Iowa form) 
 
 State of Iowa, 
 
 i 
 
 ss: 
 
 _Daris County, J On this 30th day of 
 
 August, A. D. 7906, before me, a 
 
 __Notary Public, John Doe, and _Mary 
 
 f Notarial | Doe, his wife, severally acknowledged the 
 
 { Seal. J execution of the foregoing deed. In witness 
 
 whereof I have hereunto set my hand and 
 affixed my official seal the day and year afore- 
 said. Richard Roe. 
 
 (California form) 
 
 State of California, 
 
 I 
 
 ss: 
 
 Alameda County, J On this 10th day of 
 
 September in the year 1909, before 
 
 me personally appeared __John Doe known 
 
 f Notarial } to me (or proved to me on the oath of ) 
 
 [ Seal. J to be the person who is described in and who 
 
 executed the within instrument, and acknowl- 
 edged to me that be (or they) executed the 
 same. Richard Roe.
 
 ACKNOWLEDGMENTS AND LEGAL FOBMS. 355 
 
 (Montana form) 
 
 State ot_Montana , 
 
 Silver Bow_ County, J On this d day of 
 
 December, A. D. 1907, personally ap- 
 peared before me Richard Roe, a _Notary 
 
 f Notarial 1 Public, in and for said county, _John Doe 
 
 I, Seal. J personally known to me to be the person de- 
 
 scribed in and who executed the foregoing in- 
 strument, and who acknowledged to me that 
 he executed the same freely and voluntarily 
 and for the uses and purposes therein mentioned. 
 
 Richard Roe, 
 
 Notary Public. 
 
 (Nebraska form) 
 
 State of _Nebraska, 
 
 Gage County, J On this 1st day of April 
 
 A. D. 1906, before me, Richard Roe, 
 
 a __Notarg Public , personally came the 
 
 f Notarial | above named __John Doe, who is personally 
 
 { Seal. J known (or, on the oath of , a 
 
 credible witness for that purpose by me duly 
 
 sworn, satisfactorily proved) to me to be the 
 
 identical person whose name is affixed to the above deed as 
 
 grantor, and acknowledged the instrument to be his voluntary 
 
 act and deed. 
 
 Witness my hand and seal of office at Odia, the date 
 
 aforesaid. Richard Roe, 
 
 Notary Public.
 
 356 LAND SURVEY AND LAND TITLES. 
 
 (Wisconsin form) 
 
 State of Wisconsin, 
 
 r 
 
 ss: 
 
 Milwaukee County, J . Personally came before me 
 
 this id day of __June, 1906, the above 
 
 (or within) named __John Doe and Mary 
 
 ( Notarial 1 Doe, his wife (or if an officer adding the 
 
 Seal. J name of his office) , to me known to be the per- 
 
 son who executed the foregoing (or within) 
 instrument, and acknowledged the same. 
 Richard Roe, 
 Notary Public.
 
 
 BONO FOR DEED. rcMU NO. I. mtoi(a*w*-o,tefc 
 
 
 
 Know all flen bv these Presents, n* .,.i,_sifii4-82?... wowe Eu _ - 
 
 
 
 
 
 
 
 of the City of Chicago county of Cook and stale of, .^Illinois , 
 
 
 
 am held and firmly bound onto John Dp 9 
 
 
 
 fbe City _ o, Tusoola _ coamyof Douglas a ^ St4Je ^Illinois _ 
 
 
 
 the pemi MO. of. _ One Thousand (|1000.00)- Doiun. 
 
 
 
 )o be paid unto the said . John DO6, his* 
 
 
 
 
 
 
 bind OiyseZl, my _ beits, executors and adminislxators jointly and severally, firmly by these Pmerrts. 
 
 
 
 Sealed >* my seal . and dated the 9th . day of.. Septen)bei i _>i. R, MK> 9 - 
 
 
 
 THE CONDITION OF THE ABOVE OBLIGATION IS SUCH, Thai. Whereas, * *bove 
 
 bounder, Richard RoOj 
 
 
 
 ha Sthis day sold to the said , John DO9 h.i8 
 
 
 
 beirsand assigns^for the sum oi ~ Five Hundred ~ fjona r 
 
 
 
 
 
 
 
 
 
 Lot Number Four (4)^ in Blook Number Fifteen (15)^ 
 
 
 
 of Wamsley & Cannon's Addition to the Town (now City) of 
 
 
 
 Tuscola, Illinois, 
 
 
 
 
 
 
 
 
 
 bichsumof FiTO Hundred DoUarj is to be paid 
 
 
 
 in the manner following 
 
 
 
 One Hundred Dollars (|100.00) September 9th^ 1910 7 and 
 
 
 
 One Hundred Dollars ($100.00) annually thereafter,?*** 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 posilims that may be legally levied or imposed upo said land subsequent to ... January 1st , A n T* 
 
 
 
 thesaid fUchard Hoe his 
 
 
 
 
 
 
 
 
 
 tors and assigns to execute a good and sufficent deed of conveyance, i.i fee simple, free from all incumbrance, with full covenants 
 of warranty for the above described premises. 
 NOW, H the said John D09 
 
 
 
 kept and performed, then this obligation to be void; otherwise, to remain in full force and virtue. It is expressly understood and 
 agreed by and between the parties hereto, that time is of the essence of this contract* and that in the event of the non-payment of 
 >aid sum of money, or any part thereof, or the interest thereon,at the time or times herein, named for iu payment, that then the 
 said RiChard Roe s}aU hj absolutely discharged 
 
 
 
 SEALED AS DELIVERED IS THE FBESEXCE OP ^ vy^ fl fi^'r* / 
 
 
 
 '{j^Q ,-sJ-^^s *s rZiS34^Q^0ris*' ^ ^-Ci**J 
 
 
 
 >v ,f* A-*^ 7 ' 1eS?. 
 
 
 
 //LSC>^ <**^P~^IM' i ~ ^- CY =- ! 
 
 
 
 
 
 
 
 
 357
 
 HANTtf DEO-5in<n>r> 
 
 TCT the State of Illinois. 
 
 Journal frfeHT Ca. TiutU*. ItUMi 
 
 __ John Doe ana Mary Doe hie wife, 
 
 of the City of Part* County of 
 
 Edgar and Slate of Illinois, for and in consideration of 
 
 the sum of Eight Thousand Two Hundred - ($8300.00)~ DOLLARS 
 
 n hand paid, CoiVtf and UMrratf to 
 
 William Brown. 
 
 of the City of Charleston, County of Coles, 
 
 State of Illinois, the following described Real Estate, to-wits 
 
 The North East Quarter of the South West Quarter of 
 Section Number Nina (9), in Township Kuaber Fifteen 
 (15) North, Range Number Eight (8), East of the 
 Third Principal Meridian, together with the right of 
 ingress and egress over^ across and upon the. .Worth 
 Tiro (3) rods of the. Worth West Quarter of the South 
 Weat Quarter of aaid Section Nine (9), 
 
 ixxat County of Douglas 
 
 M 
 hereby releasing and waiving 
 
 all rights under and by virtue of (ho Homestead Exemption laws of the State of Illinois. 
 The grantors herein reserve unto thenselvee the rents, profits and 
 control of said premises aTjove described, during their lifetime, o* th 
 lifetime f the survivor of then. 
 
 Dated this goth 
 
 A. D. I91..0 
 
 .(Seal) 
 
 ,<Seal) 
 .(Seal) 
 
 JSeal) 
 
 358
 
 <HTIT CLAIM DEED-STATUTORY. 
 
 State of Illinole 
 
 Cbe Grantor. 
 
 Doe and Mary Doe hi a ***>, 
 
 of 
 
 ...Edgar,, jind Stale of..-.. j.^..*.9Ag/. ,/OT- a>w? is consideration of 
 
 (he sum of ~J*gfrt...Thou8.md..J!*o..R 
 
 in hand paid, CONVEY aaf QUIT CLAIM to -.gichard .Poe_and. .tan 
 
 - af/te City.. <>/.... Tuacola, 
 
 State of. ..^^^^.i... ..all interest in tJufolloaang described Seal Estate, to-tsit: 
 
 .... Tha_South..Eagt Jfrjart.er ..of ^,.the South ...^eat guaJtet of 
 
 . Section ...Nuabar ..One ^....(Ijj JpTOBhipHumber Sixteen (16)_ 
 
 gb,e.r_ j geYen ...(.7} -n> Eagt.c>.f.. .the Third 
 Jie_ridian,_aleo 
 
 _ Lot Number One (1), In 
 
 _glocfc_ JftMg>e_r_Seyen (7), of Goehring'B SubdiviBion of 
 
 ..^.in the Slate ot Pllntjla., hereby releasing ipd valuing 
 
 ia the County of .. 
 
 rights under and by virtue of the Homestead Exemption laws of Che State of 
 
 Deed made to correct the description in a deed from the said 
 grantors dated October 10th, 1903, and of record in Voliiss Ko.24, 
 at Page #85, of the Deed Records of said Douglas County. 
 
 DATED a. 
 
 359
 
 
 For tie State of Missouri. 
 
 ' 
 
 
 VARRANTY DEED, whb SuMtorr Acknovlttlgmciib. FORM NO. Bo. TrriecU** Lx> "* . cK-.r> 
 
 
 
 THIS INDENTURE. Made on Ou -30th ._ ..AK/O/ .-September _j. D. one 
 
 
 
 /*^^i M *,,^A_, l .Tn. _... . Jn, and between John Doe and Mary Doe 
 
 
 
 bis wife, 
 
 
 
 of th, c "y af .. . - Part a.... _ . o^v of Edgar ^d state of- Illinp. ie 
 
 
 
 part iofythefrstjnrt.and Will lam Brown _... 
 
 
 
 
 
 
 ofthe City. ^..Charleston. .... covntyof .- C&lee . inthe state of .. Illinois 
 
 
 
 __. __. nnrt * a ^i/ the second part. 
 WITJfESSETH, Thatthe said parties. f the first part, in consideration of the sumnf 
 
 , Eight Thousand Two Hundred ($8300.00)- ~--DOLL.thS. 
 
 
 
 to .- t hen naid tm the said part, y ofthe second part, the receipt ofichich is hereby acknowledged. 
 
 
 
 do, ty these prrstnts, GJldJfT, BdROjtlJfJJfD SELL. COJfTEr JXT) CONFIRM, unto the said 
 part y^^ofthe secortd-part hl&.. . heirs and assigns, the following described lots, Iracjs or parcels 
 of land. Imnf. beinf and situate inthe Coantu of Kodaway , and State of. Missouri. 
 
 
 
 
 
 
 The Sorth East Quarter of the South West Quarter of 
 
 
 
 Section Number Hine (9),Town8hip Number Six (6), North 
 
 
 
 Range Number Ten (10), West of the Fifth Principal Meridian,___ 
 
 
 
 ^^^ 
 
 
 
 .^^ 
 
 
 
 ^^ 
 
 
 
 ^/^ 
 
 
 
 ^s' 
 
 
 
 ^^ 
 
 
 
 ./^ 
 
 
 
 sS^ 
 
 
 
 .s^ 
 
 
 
 .s' 
 
 
 
 ./^ 
 
 
 
 ./^ , 
 
 
 
 TO HA YEAJTD TO BOLD the premises aforesaid, with all and singular the rights, privileges, appur- 
 tenanauandimmunUiestheretobelonging, orinanyicise appertaining, unto the said part. 3... of the 
 vcovtpart.andunto hia...^,heirs ,^ assign, former: the ^id^.9^^^. ^^ "? Doe 
 
 
 
 hifl ml'fa 
 
 
 
 hereby covenanting that - .they are ..lawfully seized of an indefeasible estate in fee in the premise* 
 herein conveyed; that. thay/jftxxi right to convey the same; that the said premises a re free and clear 
 
 
 
 theyj^yj Warrant and J)efend the title to the said premises unto the said partly.... ofthe second 
 
 
 
 part, and unto J^+fJifin and assigns forever against tlie lawful claims and, demands of all persons 
 whomsoever. 
 7.V WZTJTE3S WHEREOF, the said, part ieof the first part ha-JTS hereunto settbelXjumd*-. 
 
 
 
 and sealAhe day and year first above written. 
 
 
 
 jL^* /7. 
 
 
 
 ^** ~ ^~' "^^ t>< ~J' e>t f " * /HxtAA<, jS (>-o^ ^^^^ 
 
 
 
 A ^^^Z A 
 
 
 
 **- 
 
 
 
 
 
 360
 
 POWER OF ATTORNEY.Hoorn.lIVinur, Co.. Print, T 
 
 ^*44i44444444*4444*44444444444*4444444 
 
 ; Know All Men by These Presents, That .J.,.-Ri.-ohard Ro- 1 
 
 of the ....City .......... ................. of. ..... ....Omaha... ............. County of ..... ...BgUglftS., .......... _...inthe 
 
 Stale of ......... _____ Jlaforaflka. ....... .hayfl ...... JUC made, constituted, nd appointed. nd BY THESE PRESENTS | 
 
 ake, constitute, and appoint .......... _ ....... ...?.**?... P.9.* 
 
 > of the ........ ...City...... ............ oi ..... Indiflfljap.o.Ileu- ........... county of ...... ..Marion ...... ........ _ ..... 
 
 ; andStateof. __ ..... ..Indians,,. ............ .my.... true and lawful ATTONEY tor....B<>.... ................... _....nd in i 
 
 S ...... ____ ..... ....MY... ..... _ ...... name place, and stead to ...... .bargain... fiel.l. and ...convey ............. 
 
 $ . the.. North. Half .of ...8.ection..Number.Jin..(10)^ - .ToTO8h ...... 
 
 5 ...Jf-9.?...3ugh-.P.?-l<?.9...aMd..o"...^^^^ ; 
 
 5 ... a rt.d ..dol.iy.er. t? any purchaser thereof a^ good and sufficient deed 
 
 therefor, with covenants of General Warranty; to receive all moneys 
 
 $ _. therefor, and to accept any mortgage in my name for any unpaid purchaeU 
 
 J| 
 
 * ....priggj.. and, to.. .release the same,, when. .paid.! ........................................... _ ............ 
 
 * giving and granting nnto....J9fe n . .PP. a * ..??..... said ATTORNEY full power and authority to do and 
 
 9 perform all and every act and thing whatsoever, requisite and necessary to be done in and about the premises, as fully, to ill 5 
 
 intents and purposes, as .I,.rny3elf migbtor could do if personally present at the doing thereof, with 
 
 5 full power of substitntion and revocation, hereby ratifying and confirming all that ....nty.... __._.._said ATTOIXEV 
 
 JjJ or.. ~.T-f. substitute shall lawfully do or cause to be done by virtue hereof. 
 
 m IN TESTIMONY WHEREOF,. _ I have hereunto set ....Eg... hibd and seal 
 
 | this ....?.9ffi.... dayot 
 
 I 
 
 Signed. Scalad and Deli 
 
 I 
 
 9_ 
 
 * State of .Itebrag 
 
 I County of ... D .. U .P. 1 .^.. .. J 1^ O.W..Een9.pn,a..NQtary..Publi.o. 1 
 
 t 
 
 in and for, and -residing id said County, in the State aforesaid, Do HEREBY CsiTirY, that ; 
 
 Richard Roe. 
 
 f ___ ^..,^^..j. .... ...... ~ .......... personally koowa to me to-. ' 
 
 be the same person whose name ___ J ^ subscribed (o the foregoing Instrument, appeared ; 
 before me this day in person, and acknowledged that be signed, sealed, and delivered tie 
 said Instrument as_...hi8._ free and voluntary act, for the uses and purposes therein set fortn. 
 
 GIVEN Under my hand and .............. ...Notarial- ....... ......... --------- seal, this | 
 
 ............. ....aOth.. ______ day of ...... ....May,.. .............. .A. V.O) 1510 
 
 'Not&ry'"Pu'b'iioV 
 
 361
 
 In The Journal Prliutnr Co.. Ttacala. III. 
 
 This Indenture, Made and entered into this 20th 
 
 day ftf September , Q ia^ w ^ John Doa 
 
 of the first part, and.- _Richard Ro.e 
 
 WITNESSETH, That the party of the first part, for and in consideration of the covenants and agreements herein- 
 after^mentioned, ; to be kept and performed by the party of the second part, has, by these presents, demised and 
 leased to (he party of the second part the following described land, to-wit: 
 
 The Worth East Quarter of Section Number Twenty (30) > 
 
 ... .. ..Townehip Number Sixteen (16) Worth, Range Kurcber Ten (10) j East of 
 
 .the Third Principal Meridian. 
 
 in the county i 
 
 and state of Illinois and containing about 160 acres. 
 
 _day of 
 
 TO HAVE AND TO HOLD THE SAME to the party of the second part from the first 
 
 March ^ D . 1913, to the First day of March A . D. 19**. And the party 
 
 of the second part, in consideration of the leasing of the premises as above set forth, covenants and agrees with the 
 
 party of the first part to pay the party of the first part at_ , Tuecola. IllinoiB. 
 
 as rent for same, in the manner following, that is to say: 
 
 One Half of all grain raised on said premises, and Seven Dollars 
 ($7.00) per acre for all pasture, meadow, or other lota not in 
 cultivation. 
 
 AND the . 
 term of thii 
 
 evftab.e accident, and ordinary wear excepted. 
 And it is further expressly understood and agreed between the parties hereto, as follows: 
 
 The parly of the 
 
 e of tbeioilnod seuson will permit; mid lurlher to thesn 
 
 rf. Tuc ijfirtj of tbe second part shull preserve and keep the fruit 
 
 p or otherwise. And furilier to k-ep mild premises free iron! 
 h and burQ*,uucl shall nl> k'-fp ;iii BvMMiy OMfc>M auU drains 
 u it ml oimiitrd out during tn llfti of tills lee. 
 
 i. Tht party of the aecond part aha 1 keep snld premises, including 
 
 iindlord altall furnlsb HI. . . .ffU A flLQC.Ik -.atutlou fcUcu 
 
 rlnl iw ht or bis spent may consider needful to repair ftnld prein- 
 
 >n or persons before the pitynient of **M rmt. or If ilie party uf the 
 :itl pmt sboll sell or wtteiupt lo sell md amln or produce or nny 
 inereof.or If tbeanmeor any pwrt i hereof snnll be *. li.lint-d or nt- 
 ed or levied upon by eiec.llon, or clnlnied by iin.v ntlicr person or 
 >us upon any pretense wtiimo* vrr. li- t-M .- <.-. \<\ . ni -imll bf lully 
 
 Inniiediiuely become due and ptiyubleand tbe sn.u uiirty of tbe 
 
 Party of the aeeonfl i^artv in 
 also is to 
 
 legal representative, ihnll hrirelhe rlsht to enter Inio 
 
 mull It S!ian'lx' nt. and tlien to harvester gather and wit the. sAmo ur 
 uny part thereolal private or public lule.undto apply Hie proceeds 
 thereof to the puy - - - - 
 
 ills leus. u 
 6th. Thepnrty 
 
 e payu 
 
 t of said rent hereby r 
 
 ty of tbe first part reierres tbe privilege of plowing tue 
 
 Hie ^niln ^ruwn tber*>on; nad Itmher tUni the ixirt.v oftne lint pnrt or 
 lit* legal reprpunilut'.ve nniy oiilt-r upon wild premises lor *b. purpwe 
 
 7th. If saM pnrty of tbe second part sliAli fain 
 - -<! or bhull full 10 keep Mny ol 
 shnll aslgn this U>utu. or &b 
 
 sft.d pr*m- 
 inu lu (Mi 
 w.ld prein- 
 >f ihe pnrty 
 
 U(trc''fl rn -itsi 
 
 lues or any pnri tbervof, thei 
 
 O(tb first pttrt. be uull an-J void, ami tbu party of t 
 111* Irx" I rifpresv.itHllve. khHll have tbu right to tttke poi 
 prvttilsc>, u>lii)f i-u--b iorce MS may b necessary wlili or without ,jio- 
 crtw ol IIIM ; and nil dunm^t; growing out of A liillure to perlorai may 
 of the covennnts of ml* leuse itbull ucadeU lo ana become R part of 
 t ii rent, recovernble as rent. 
 8th. Tl.e party of the second pan hereby mnlves int rellnqoikhci all 
 
 
 
 the party of the first part tuli 
 
 power.authonty and right to take anil seue any personal propeity, 
 whether exempt by law ur not, and sell tlie smne or any part thereof 
 In utteractlon of said rent hereby agreed lo be puld. 
 
 9th. The party of the^ second p-irt lurthej- ngrees ( to pny^nnd discharge 
 
 tbe party i 
 
 .,11,1 
 
 tpart. 
 
 
 sow clover aeed furnished by riret party 
 
 IN WITNESS WHEREOF We have hereunto set our hands and seals the day and year first above written' 
 Witness for party of first part. 
 
 Witness for party of second part. 
 
 . ISeat) 
 .iSeal] 
 
 362
 
 Dead of Trust. 
 
 a John Doe and Mary Doe his wife, 
 
 of the City of Tuaoola, County of 
 
 Douglas, and Slate of Illinois, 
 
 the sum of --- One --- ($1.00) 
 in hand paid, Conoev and Warrant to 
 
 for and in consideration of 
 DOLLARS 
 
 Richard Roe, trustee, 
 
 of the City of Decatur, County of Maoon, 
 
 State of Illinois, tne following described Real Estate, to-wit: 
 
 Lot Number Five (5), in Block Number Ten (10), of the 
 Original Town (now City) of Tusoola, 
 
 situated in the oof 
 
 in the State of Illinois hereby releasing and waiving 
 
 all rights tinder and by virtue of the Homestead Exemption laws of the State of Illinois. 
 The above premiaes are conveyed upon the trust to receive the rents, 
 laaues and profits during the lifetime of William R.Doe,eon of the aald 
 grantors, and to pay the same to him aa collected, and at His death to con- 
 vey the same in fee to Mary I. Doe, her heirs or assigns. 
 
 Dated this aoth ... day of May A. D. 191 3 
 
 (Seal) 
 
 .(Seal) 
 
 (Seal) 
 
 _____(Seal> 
 
 ^TLJ 
 
 363
 
 Real Eitete Mortgs S e N'ole. Illinois Form. 
 
 $ 5QO..OO 
 
 TuB,9Q.l.ji,Il.l.in.Qi,e.., June let, 19..1.P.. 
 
 '?our..TeaJ!. after date, for value received, * e . promise to pay to 
 
 the order of the 
 
 John Hancock Mutual Life Insurance Company 
 
 OF BOSTOH. MASSACHUSETTS 
 
 at its office in Boston, Massachusetts, with New York or Chicago Exchange, the sum of 
 
 "Fi 7 9....H u .. n . d3re A.'7'. Dollars, with interest at the rate of 
 
 flvo per centum per annum, payable SUBtt_annually, as per coupons attached hereto. 
 
 Any principal or interest not paid when due shall bear interest at the rate of six per 
 centum per annum; and a failure to pay any of said interest when due shall cause the whole 
 note to become due and collectible at once at the option of the holder of this note. It is 
 stipulated that in any "suit brought for the collection of this note a reasonable attorney's fee 
 shall be allowed and taxed with the costs in such suit. 
 
 Post Office 
 
 (7 
 
 100. QQ 
 Juno let 11 
 
 s.....g.5 ! 00.._...Tu.g.g{a.gt>Ill..... June, let,.... ........ 1*1.0. $...85,00 ...... Tusoola, 111 . June 1st, __________ ,,10 
 
 o. th.: Jet.....^ ot June | 9 ...M 
 
 to pay to the order of John Hancock Mutual Life insurance Company 
 with New York or Chicago Exchange. 
 
 I :r : n Boson. Mamduaetta. 
 
 ..-.r*Myr-fi.T.e..,- 
 
 for^$50Q*.00-.I 
 
 after due.. 
 
 ..l9 
 
 d.y .1 
 
 ft*"? 
 
 ..promise to pay to the order of John Hancock Mutual Life Insurance Company 
 
 at in) office in Boston, Massachusetts, with New York or Chicago Exchange, 
 
 -Twenty-five - DJWU,, - -* 
 
 interest to thM date on ...^P2s)te for -f50QQP~ DoHm, 
 
 with interest at six per centum per annum after due. 
 
 Ne. 
 
 t 35.00 TuBOola.Ill. June let, )9 lp 
 
 iO. V.lgt....l.y of. .... JWnjS^. I9...13. 
 
 ...prt'iTjUe to pay to the order of Joha Hancock Mutual Life Insurance Company 
 oftcein Bortoo, MsMacKusctts, with New York or Chkago Ezcbaiue, 
 
 -HenCy-^-e^ ^j^^...^^ 
 
 ...Dotun. 
 
 $ 35.00 Tusoola.Ill. June let, , 9 ip 
 
 Otlie....l.B't..J.yof.... Jung I9...11. 
 
 *^...promise to pay to the order of Johl Hancock Mutnal Life Insurance Company 
 at its ofSce in Boston. Massachusetts, with New York or Chicago Exchange, 
 
 rTw.enty-fiye- 
 
 interest to that date on....P. n 0...nole for.. 
 
 r due. 
 
 No. 1_ 
 
 A coupon note is an ordinary promissory note with a small note attached for 
 each interest period. The attached notes are called coupons and are used for con- 
 venience in the collection of the interest. 
 
 The note here shown is secured by the trust deed illustrated on the opposite 
 page. Instead of a trust deed, such note may also be secured by a mortgage, as 
 exhibited on the next succeeding page. The mortgage may be sold and assigned 
 and if this is done the assignee is the proper party to release the mortgage when paid. 
 
 364
 
 UnilBd States |i iiii of America. 
 
 CM$ indenture aiitne$$eti), tbatroe grantor. 
 
 John Doa and Mary Poo his wife, 
 
 and stat f Hebraeka 
 
 and in eontideration of the turn of. ......... _________ Five Hundred - 
 
 in hand paid, ewiMV aid Ularrul Jo ____ . ___ Richard Roo, 
 
 party of the second part, the following dettribed Real Satate, to-wit 
 
 The North Half of the South fleet Quarter of Section 
 Number Twenty- four (34). Town eh ip Number Sixteen (16) 
 North Range Mumber Eight (8) . EaaT of the Third 
 Principal Meridian, 
 
 Httated ID the County of .. 
 under add by virtue of the 
 after aoj default In payme 
 following purposes: 
 
 toh of any of Ki 
 
 John Doe 
 
 In the StJite 
 nants or agrvemei 
 
 ... Justly Indebted upon .. 
 
 ...Promissory Koto .., bearing 
 
 a *ite herewith, payable to the order of 
 
 the John Hancock Mutual Life Insurance Company. of Boaton. 
 MaflSaohUBeUe . for the principal sun of Five Hundred Dollars 
 
 (S500.00) due June let. 191'4. with interest theroon at 
 
 five per cent per annum payable annually, evidenced by four 
 oouoon notee attached for the aura of Twenty-five Dollars 
 
 35.00) each, and dua June 1st. 1911-1913-1913- j.9:4 a reepeotivelyj 
 and all tearing six per cent interest after due. 
 
 Rev, If default be made In the payment of the said 
 toterett thereon, or any part thereof, at the time and lo the i 
 
 In such cue the whole of said principal torn and In tares t, secured by the i 
 
 upon, at the option of the legal holder or holders thereof, become 1m media 
 
 holder of said Promissory Note ....81 or either of them. It shall be lawful f. 
 
 name or otherwise, to file a bill or bills In any court baring Jurlsdlctloi 
 
 belrs, executors, administrators and aaslrna, to obtain a decree I 
 
 premises for the purposes herein specified, by said party of tlie sec 
 
 wise, under order of court and oat of the proceeds of any such sal 
 
 and conveyance. Including the reasonable fees tuv! comnilwloaa of said party of ;ne 
 
 execute this trust and ,..^..^31 nty*-TlVe Dollars 
 
 expenses of this trui t 
 
 tbe legt I bolder thereof, an 
 
 party of the first part 
 
 purehati 
 
 OBfe.^^. .Promissory Nota ...... , or any part thereof, or tbe 
 
 oner above specified for the payment thereof, or In case of waste, or 
 
 tee application of tbe legal 
 e, or bis succeseor In trust.1 this own 
 Id party of the first oart tag IT 
 yaaoe of the whole or any part of said 
 * or MI special commissioner, or other- 
 ' snch salt, all costs of advertising, tale 
 nd part, or person wbo may be appointed to 
 
 ite rest thereon at 
 
 uote ..fl whether 
 to tbe time of si 
 lives or uslzos, c 
 
 and payable by the ten 
 
 lale, rendortng the overplus, If any, ui 
 lionable request, and It shall not be tbe 
 
 esald 
 
 able c 
 
 ie said note ..6.. and 
 sentattves, shall re-i 
 larges therefor. Ii 
 
 nvey 
 
 ruing udder this Trust Deed, shall b* fully paid, th said trustee or hit st:ecstor 
 id premises tC; the graotorB.... or t.njtj^3helrs or BaWeis,jyion rf-e Ivfat.'ils 
 
 inability to acroHaTtnifiteQ ^tlcaarq: ttoer 
 
 f the death, resign*! 
 
 then the acting sheriff of tbe county wherein said laud Is located Is 
 ith like power and authority, as Is hereby Tested la sat* trustee. It Is a<>r 
 fees Incurred or paid by satd trustee or the holder or holders of i&ld not 
 defendant, by resions of being a party to Ihls Trust Deed, or a holder of s 
 ises, and may be Included In any decree ordering the gala of said p 
 
 successor lo trust herei 
 pay all costs and attorn 
 of them may be plaintiff 
 shall be a USD on said p 
 of any sale thereof. 
 
 Ottwss The hand 8 and sealQ ...of said (Tutor
 
 Richard Roe and Mary Ro hie.-wife, 
 
 ofOu-SI&t... o/TveCOlft, in the County of 
 
 _5lortgage.-and Warrant-^ - foM. PQ**, 
 
 OKJ Statt of 
 promiuorii 
 
 .. ______ to tecure the payment of..., ...... gM ......... 
 
 he^'aid JDO ft ga6pr,. ...... ____ bearing even date herewith 
 
 note, executed by __ ^e 
 
 payable to the order of._ ..... the eald John Doe , more partioMlerly deeoribad 
 
 M one principal note for the sum -of One Hundred Dollars (tlOO.OO> 
 duj>_,Jun.e..Sth J ...1914 1 with, interest at eeyen per pent per annum _ _____ 
 
 frog date .until jaid, jayatile at the .BarLk of Eragg-Hclm & Oo. ,._ 
 
 the following deterited Real Ettatt. to-wit: . 
 
 The South Two Hundred (SOO) feet .of Blpolc JBumb<r_ 
 
 (now City) of Tugcola, 
 
 tituated i V_Ci.ty_d/__TUBOOla t ._.Ci>u.<y o/__ _ ^'T 
 
 in the State of IlUnoit. 
 
 hereby retfitinf and waiving all rifhtt under ant', by virtue of the Homestead Exemption Lawi of 
 the State of lUinoU 
 
 Dated this- 
 
 Jlay of ... A P ril > 
 
 *S 
 
 (L*-r 
 
 t & 
 
 366
 
 ASSIGNMENT OF MORTGAGE.-? 
 
 Know all Men by These Presents, That- ..... .JU..Joha...D.aeL 
 
 of the 6rst part, in consideration of the sum of. 
 
 ~"Tr 
 
 Dollars, lawful money of the United States, to ....... P-9 .......... in hand paid by 
 
 of .the.City..pf. .IndianaRQlla a ..afld.8.tfttj>..ojr.. ..... 
 
 Indiana, 
 
 of tho second part, at or before theensealing and delivery of these presents, the receipt whereof is hereby ackocwl 
 edge, hV6 granted, bargained, sold, assigned, transferred and set over, and by rbese presents do grant, bar- 
 
 gain, seU, assign, transfer and set over unto the said party of the second put certain INDENTURE OF 
 MORTGAGE, bearing date the. ..... Fifth ........ ..... .Jay of ....AP.r.t.l .... .................... A. D.. one thou- 
 
 sand . Nine . flupd.r.$.d . Fcurt eaa,. ..................................... made by ....................................... 
 
 . ...... Richard Roa and ,.Ma.y.y...Roe..hie 
 
 aud all ......... ...BT. ................... Tight, title and interest to the premises tbcrcl* described, as follows, town 
 
 .Tbg...So.uth. 
 
 which said mortgage is recorded in the Recorder's office of the County of 
 
 in the State oC...I.Uin0.1tt.. in Book No .?.?. of Mortgages, at page .4.56.... 
 
 together with the notes therein described and the money doe and to grow due thereon, with the interest from 
 
 date of said instrument. 
 
 And I .do hereby authorize and empower said party of the second pan to collect the said money and interest, 
 and in case of payment, to release, cancel and discharge the same as fully as- __roight or could do if these presents 
 were not made. 
 
 AND .1 do for ...HS-acl-fj-Dy heirs, executors and administrators covenant with 
 
 the said second party and the heirs, executors, administrators and assigns of the said second party that there is now 
 
 actually owing on the said Mortgage "M*..^&&.--..1&9!.W)."-- DolUrs 
 
 principal, and . " ^^"*^*^* - Dollars interest, to datiB _._ 
 
 1 and the undersigned has good and legal right to assign the same. 
 
 IN WITNESS WHEREOF,__i-bave hereunto set JBJ hand and seal the Tenth 
 
 day of.. 
 
 WITNESSES: 
 
 A. D.. io\4 
 
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 368
 
 WILL. 
 
 I, John Doe, of the County of Douglas and State of Illinois, 
 being of sound and disposing mind and memory, do make, publish and 
 declare this to be my last will and testament, hereby revoking all 
 former wills by me at any time heretofore made. 
 
 First, I direct that all my just debts and funeral expenses 
 shall, by my executors hereinafter named, be paid out of my 
 estate as soon after my decease as shall by them be found 
 convenient. 
 
 Second, I give, devise and bequeath to my beloved wife, Mary Doe, 
 all my personal property whatsoever. I also give to her the use, 
 rente and profits of all my real estate wherever situated, to have 
 and to hold the same to her for and during the term of her natural 
 life. 
 
 Third, I give and bequeath to my daughter, Maggie Doe, the 
 East Half of the North East Quarter of Section Ten (10), 
 Township Sixteen (16) North, Range Six (6), East of the Third 
 Principal Meridian, in fee to her and her heirs, subject to the 
 life estate of my said wife, Mary Doe. 
 
 Fourth, all the rest, residue and remainder of my said estate 
 I give, devise and bequeath to my son, William Doe, to him and 
 his heire, subject to the life estate aforesaid, of the said 
 Mary Doe. 
 
 Fifth, I nominate and appoint ray son, William Doe, to be the 
 executor of this ray last will and testament, and direct that he 
 be not required to give bond as such executor. 
 
 In Witness whereof, I have hereunto subscribed my name and 
 affixed my seal this 3d day of June, A.D. 1910. 
 
 (Seal) 
 
 Signed, sealed, published and declared by the said 
 John Doe as and for his last will and testament, in the presence 
 of us who at his request and in his presence and in the presence 
 of each other have subscribed our names as witnesses thereto. 
 
 residing at Tuscola,Ill. 
 
 
 ^ residing at Tuscola,Ill. 
 
 7 
 
 24 369
 
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 ^a a*->^ O
 
 Ch at tel Mortgage. 
 
 Know All Men by These Presents: 
 
 That.... .........John. Do.e. 
 
 of the Town of ...... F.^TOftP. ..... ............ in the Oonnty of. ... .PPU8*- a .* . ............... ID consideration of the sum 
 
 ot. ...T^T.... TWO.. Hundred. .Flfty-r.-r. .(&3SO..OQ)-r.r-.-;r.r. .................. DOLLARS to ...B*. ........ 
 
 paid by . . . . Ri.9.frflfl . ?P*. ................. of the County of DoaglMBOd State of niinoii, the receipt whereof to hereby ac- 
 
 knowledged, does hereby GRANT, SELL, CONVEY and CONFIRM into the said ....... RlOfaald BOB ....... and to hi* 
 
 heirs, executors, administrators and assigns forever the following Goods and Chatties, to-wit: ., ........ .-- . ..... . . ....... 
 
 ..... One.. Bay.HQr.8g.,.. four. .yeaxs. old. sane.. yBobyvaluo. 4^5.. 00.... 
 
 _^e Grey Hprse, eight yeare old name "Toe", value $100.00 
 
 . One . Parry . Surrey ,uaed two . ye are , . .yalua }5Q..QO. ...... .............. 
 
 One ."Black- Hawlc.1 . Corn. .plantar. ,. . yalue . >35. OQ.. . . 
 
 oine "Hocaier''. .Wheat. P.rii'j, .yai.ua, >3p.QO... 
 
 Fo rt y (40 ) ae re e growing co TO, .'subject. . to ..Landlord'.?, .lien,., on , 
 
 .the. .South. East. Quarter. .of. the South.. West QuarteSc f .Section. Ten. .(10) 
 
 TowneMp Fpurt^^ 
 
 Principal Meridian, 
 
 TO HAVE AMD TO HOLD all and singular the said Goods and Chattels onto the said Mortgagee 
 
 executors, administrators and assigns, to them and their sqle use forever. And the said Mortgagor herei . 
 f orh j 6. heirs, executors and administrators, do9- hereby covenant to and with the said Mortgagee, his heirs, executory, adminis- 
 trators and assigns, that said Mortgagor .JjS^. lawfully possessed of the said Goods and Chattels. asof...fl*.9 dwn 
 
 property; that the same are free from all uicumbrances, that he will and ... hi fl ... executors and administrators 
 
 shall warrant and defend the same to him the said Morgagee, his heirs, executors, administrators and assigns, against the lawful 
 claims and demands of all persons. 
 
 PROVIDED NEVERTHELESS, That if the said Mortgagor hie, .executors or administrators shall well and truly 
 
 pay unto the said Mortgagee, his heirs, executors, administrators or assigns one certain promissory note of even date herewith, for 
 
 the principal sum of ~ T .*. . fo" dr(3 d . Fi f ty- ~r~-. .~.~ "" DOLLARS 
 
 due and payable .fojgU.gt . .20th, ,. 3-910 ,,. with 7 per cent interest from date 
 
 signed bv... the. .said. Jphr,..0.oe and payable to the order of Richard. Roe, 
 
 And if not paid at maturity, or when the same becomes due by the exercise of any of the options contained in the chattel 
 mortgage securing said note, and the said Note be "placed after maturity, or after it becomes due as aforesaid, in the handa of an 
 attorney for collection or foreclosure, the payer promises to pay the additional sum nf . ."".T7?6nty.r X l.y^TTT . .DOLLARS, 
 as attorney fee, said fee, in case of salt, to be a part of the judgment; or in case of foreclosure, to be a part of the amoact* due 
 and secured by said mortgage* which note states on its face that it is secured by chattel mortgage of even date herewith: 
 
 AND PROVIDED ALSO, That it shall be lawful for the said Mortgagor. . . .& .9. executors and administrators to 
 ossession of said GOODS and CHATTELS, and at. Jh.JB.own expense to heep and use the same until. ^ or ... 
 
 itors or administrators shall make default in the payment of the said sumof mon^y above specified, either in principal or interest 
 
 , on the day or days respectively on which the Mice shall become doe and p&yable, or if the ^iortgagee. hts executors, administrator! or agaiffu shall 
 
 id in any or either of the aforesaid eaaca. all of aaU Note and sum of money, Ixn principal aid interest, liull, at the Option of ,t aakl Mortjnwee, bfc 
 xeru'iors. admir.ia trators or aesiffna, withou . notice of SA,I optkm to anrone, become at once dro and paysble, and the aaid Mortamgee, hU heir*. xec. 
 
 Chstteb nay t-e or be supposed to be. and search for the same, and if found to take pouMBion of, and remove and e*n and diapoae of toe said property, or any 
 &rt thereof, at public auction, to the highest bidder, after Brlvin*- fire day*' notice of the tiro*, place and term* of aale. together wHh dcriptwn of the 
 _:erty to be ooW. by notices posted up in threw public places in 'the vicinity of such sale, or at private nlewtth or without uotice, for cash or on credit, u 
 e said Mortgagee, hi* heira,execuUm, administrators or asoiarna. agent* or >ttorney4or any of them, may elect and oat of the money ami jg from snch Bale 
 c retain all coete and charge* for pnrvum?, earchin for. tak.ng-, remwing. keeping, storing, advertieing' and telling such Good* and Cbittel\ and the attor- 
 
 ntosaid Kor*gagor.-.-.or... jl* 8 .legal repreagntatlvea 
 
 THE EXHIBITION of tins mortgage sbal! be sufficient proof that any pen-on claiming- to act for the Mortgagee his '^eir*. tecato. adninlstraton 
 
 r assigns, id duly made, constituted and appointed agent or attorney to do whatever is above authorized. 
 
 Witness the hand. . . .and seal ... -of the said Mortgagor. . . . this*. . . . JSO.th. .day of...May..^_. in the year of 
 
 IUT Lord One Thousand Nine Hnndred.... ? C .P _ v 
 
 .[SEAL] 
 . [SEAL] 
 
 37T~ 
 
 ....
 
 BU. OF 9ACE.'- 
 
 Know til men by tkse Presents* 
 
 of the CJLty.^f...TtL.acoift JL 
 
 am* Y/z/ ^.^-Xl 1 inpl. a 
 JKOT of ^tr 
 
 County of ..DPS 
 
 ~partS. of the first part, for- sad in cousidfrtition of tht 
 
 -.-- -~.I&Q>OQJT 
 
 Dollars, 
 
 lawful money of the United States of America, to .... g.ft... in hand paid, at or before the euseal- 
 
 ing and delivery of these Presents, by. R.J-cMrd .Roe, . . 
 
 of (he second part, the receipt whereof is hereby acknowledged, ha ve grunted, bargained, sold and delivered, 
 
 and, by these Presents, do grant, bargain, sell, and deliver, unto the said part.-.'y. of the second 
 
 part, all the fonowing GOODS, CHATTELS, and ^PROPERTY, to-trif:. 
 
 CC fi* Md 10 I)M the said gaols, chattels, and property, unto the said part. 3. --------- of the second part, 
 
 ...... _&JA~Jto'r<. executors, administrators, and assigns, to and for ___ Ar.S ___ ^improper use andbehoof, 
 
 forever. 
 
 Jfad tht said part. .?....- of tht first part do eeyoucA ....... -himself ........ ______ tobe the true and 
 
 lawful owner of the said goods, chattels, and property, and hare in. ------ himself ...... j u n power, 
 
 good right, and latfful authority, to dispose of the said goods, chattels, and property, in manner, 
 as aforesaid: And .he dpea ...... j&. for. ............. _hlms.eI.^..hi,S ........ ...... heirs, executors, 
 
 and administrators, covenant and agree to and with the said part-^j. ........... - ....... of the second part, to 
 
 (DUTM! Ut DrtOMI the said goods, chattels, and property, to the saidpartT ................. of the second part, 
 
 ........ J 1 .?.?- executors, administrators, and assigns, against the lawful claims and demands of all and ev- 
 
 ery person and persons whomsoever. 
 It WiflK** UllKTOf, 
 
 A.... haoe here unto set. 
 
 day of j 
 
 hundred an<f....-t.9IX 
 
 ........... hand and seal 
 
 ia (he y(ar one tnmsa 
 
 , the 
 nine 
 
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 380
 
 THE PRIME MERIDIANS. 
 
 The work of surveying the public lands is 
 now a part of the work of the General Land 
 Office, one division of the Department of the 
 Interior, and is under the control of the Com- 
 missioner of the General Land Office, who is 
 subject to the direction of the President of the 
 United States. Prior to March 3, 1849, it had 
 been a part of the duties assigned to the Secre- 
 tary of State, next to the Secretary of War and 
 then to the Secretary of the Treasury. When a 
 survey is begun the initial point, from which 
 the survey is to be extended, is first established. 
 This point should have a conspicuous position 
 such as the mouth of a river, or a copper bolt 
 set in a rock ledge, and should be further de- 
 termined astronomically. 
 
 Next the principal meridian is run and no 
 other initial point shall be established until au- 
 thorized in writing by the Commissioner of the 
 General Land Office. 
 
 For the survey of the lands in the United 
 States as are measured by the township plan 
 there have been established twenty-four princi- 
 pal meridians, each with its own base line, as 
 follows : 
 
 (381)
 
 382 LAND SUKVEY AND LAND TITLES. 
 
 The first principal meridian divides Ohio and 
 Indiana, having for its base line the Ohio River ; 
 this meridian being coincident with 84 degrees, 
 51 minutes longitude, west from Greenwich, and 
 governs the surveys of the public lands in the 
 State of Ohio. 
 
 The second principal meridian is coincident 
 with 86 degrees, 28 minutes west from Green- 
 wich, and starts from the confluence of the Lit- 
 tle Blue Eiver with the Ohio Eiver, runs north 
 to the Michigan state line, and governs the sur- 
 vey of Indiana and the eastern part of Illinois. 
 
 The third principal meridian starts at the 
 mouth of the Ohio Eiver and extends north- 
 ward to the northern boundary of Illinois. It 
 governs the survey of Illinois east of this me- 
 ridian, except those projecting west of the sec- 
 ond principal meridian, and the survey on west 
 of the meridian to the Illinois Eiver. It is co- 
 incident with 89 degrees, 10 minutes and 30 sec- 
 onds west of Greenwich. 
 
 The fourth principal meridian begins in the 
 middle of the channel at the mouth of the Illi- 
 nois Eiver, latitude 38 degrees, 58 minutes, 12 
 seconds north, longitude 90 degrees, 29 minutes, 
 56 seconds west of Greenwich, and governs the 
 survey of Illinois west of the Illinois Eiver and 
 west of the third principal meridian north of 
 the river. It also extends north through Wis- 
 consin and northeastern Minnesota, governing
 
 THE PRIME MERIDIANS. 383 
 
 all the surveys in Wisconsin and those in Min- 
 nesota lying east of the Mississippi River and 
 east of the third guide meridian west of the 
 fifth principal meridian north of said river. The 
 lands in western Canada are surveyed from 
 this meridian northward and the national bound- 
 ary line as a base line. 
 
 The fifth principal meridian starts at the 
 mouth of the Arkansas River and with its base 
 line running west from the mouth of the St. 
 Francis River in Arkansas, governs the survey 
 of Arkansas, Missouri, Iowa, Minnesota, west 
 of the Mississippi River and third guide merid- 
 ian north of said river, and in the Dakotas east 
 of the Missouri River. It is coincident with 90 
 degrees, 58 minutes, west longitude. 
 
 The sixth principal meridian, coincident with 
 97 degrees, 22 minutes, west longitude, with 
 principal base line intersecting it on the for- 
 tieth parallel, extends northward to the Mis- 
 souri River and south to 37 degrees north lati- 
 tude, controlling the surveys of Kansas, Ne- 
 braska and the Dakotas, south and west of the 
 Missouri River, Wyoming and Colorado, except- 
 ing the Rio Grande Valley in Colorado, which 
 valley is governed by the survey from the New 
 Mexico meridian. 
 
 The Michigan meridian, coincident with lon- 
 gitude 84 degrees, 19 minutes, 9 seconds west, 
 with base line on the parallel seven miles north
 
 384 LAND SURVEY AND LAND TITLES. 
 
 of Detroit, governs the survey of the State of 
 Michigan. 
 
 The Tallahassee meridian, located on longi- 
 tude 80 degrees, 18 minutes west from Green- 
 wich, runs due north and south from its base 
 line on the parallel at Tallahassee, and governs 
 the survey of the lands in Florida. 
 
 The St. Stephens meridian, in longitude 88 
 degrees, 2 minutes west, starts from Mobile, 
 passes through St. Stephens, has for its base 
 line parallel 31 degrees north latitude, and con- 
 trols the survey of Southern Alabama, and in 
 Mississippi lying east of the Pearl Eiver and 
 south of township ten (10) north, in said state. 
 
 The Huntsville meridian, coincident with lon- 
 gitude 86 degrees, 31 minutes west, extends 
 south from the northern boundary line of Ala- 
 bama, passes through the town of Huntsville, 
 and governs the survey of Northern Alabama. 
 
 The Choctaw meridian, in longitude 89 de- 
 grees, 10 minutes, 30 seconds west, passes two 
 miles west of Jackson, Mississippi, extending 
 north from base line twenty-nine miles south of 
 Jackson and ends at the north on the south line 
 of the Choctaw Cession, and controls the sur- 
 vey east and west of the meridian and north of 
 its base line. 
 
 The Washington meridian, 91 degrees, 5 min- 
 utes west longitude, and seven miles east of 
 Washington, Mississippi, with base line on par- 
 allel 31 degrees north latitude, governs the sur-
 
 THE PRIME MERIDIANS. 385 
 
 vey of the southwestern part of the State of 
 Mississippi. 
 
 The St. Helena meridian, coincident with 90 
 degrees, 11 minutes west longitude, extends 
 from parallel 31 degrees north latitude as a 
 base due south, passing one mile east of Baton 
 Rouge, Louisiana, and controls the survey of 
 the State of Louisiana east of the Mississippi 
 River. 
 
 The Louisiana meridian, longitude 92 de- 
 grees, 20 minutes west, intersecting parallel 
 of latitude 31 degrees north, forty-eight miles 
 west of the Mississippi River and with this lat- 
 itude as a base, governs the survey of the land 
 in Louisiana west of the Mississippi River. 
 
 The New Mexico meridian, longitude 106 de- 
 grees, 52 minutes, 9 seconds west, intersecting 
 its base line on the Rio Grande Del Norte, ten 
 miles below the mouth of the Puerco River, on 
 a parallel of 34 degrees, 19 minutes north, con- 
 trols the survey of New Mexico and the Valley 
 of the Rio Grande in Southwestern Colorado. 
 
 The Great Salt Lake meridian, longitude 111 
 degrees, 53 minutes, 47 seconds west, intersects 
 its base line on parallel passing through Temple 
 Block in Salt Lake City, Utah, at 40 degrees, 46 
 minutes, 4 seconds north latitude, and governs 
 the survey of the State of Utah. 
 
 The Boise meridian, 106 degrees, 20 minutes 
 west longitude, with base line on parallel 43 de- 
 
 25
 
 386 LAND SURVEY AND LAND TITLES. 
 
 grees, 26 minutes north latitude, which it inter- 
 sects between the Snake and Boise Rivers, nine- 
 teen miles south, 29 degrees, 30 minutes west of 
 Boise City, and governs the survey of the State 
 of Idaho. 
 
 The Mt. Diablo meridian, longitude 121 de- 
 grees, 54 minutes west, with base line coinci- 
 dent with latitude 37 degrees, 53 minutes north, 
 passes through the summit of the mountain 
 which gave it its name, and governs the survey 
 of Central and Northeastern California, and all 
 of Nevada. 
 
 The San Bernardino meridian in California, 
 longitude 116 degrees, 56 minutes west, inter- 
 sects its base line at Mt. San Bernardino at lat- 
 itude 34 degrees, 6 minutes north. It governs 
 the survey of Southern California east of the 
 meridian and that part of the state west of it 
 south of the eighth standard parallel, south of 
 Mt. Diablo base line. 
 
 The Humboldt meridian, 124 degrees, 11 min- 
 utes west longitude, intersects its base line on 
 the summit of Mt. Pierce, latitude 46 degrees, 
 25 minutes, 30 seconds north, and controls the 
 survey of the northwest corner of California 
 west of the Coast Kanges and north of Township 
 5 south of Humboldt base. 
 
 The Willamette meridian in latitude 122 de- 
 grees, 44 minutes west, has for a base line par- 
 allel 45 degrees, 30 minutes north, and controls 
 the public survey of Oregon and Washington.
 
 THE PRIME MERIDIANS. 387 
 
 The Montana meridian extends north and 
 south from the initial monument established 
 on the summit of a limestone hill, longitude 
 
 111 degrees, 40 minutes, 54 seconds west, lati- 
 tude 45 degrees, 46 minutes, 27 seconds north, 
 which parallel of latitude is its base line. It 
 governs the survey of the whole of Montana. 
 
 The Gila and Salt River meridian in longitude 
 
 112 degrees, 15 minutes, 46 seconds west, has 
 base line on parallel 33 degrees, 22 minutes, 57 
 seconds north, which it intersects on the south 
 side of the Gila River, opposite the mouth of 
 Salt Eiver, and governs the survey of Arizona. 
 
 The Indian meridian, longitude 97 degrees, 
 15 minutes, 56 seconds west, intersects its base 
 line parallel 34 degrees, 31 minutes north lati- 
 tude, at Ft. Arbuckle, Oklahoma, and governs 
 the survey of that state, including the remain- 
 der of the Indian lands. 
 
 The boundaries of the public lands, when once 
 established, approved by the Surveyors-Gener- 
 al and accepted by the government, are un- 
 changeable, and there is a severe penalty for re- 
 moval of any monument of a survey. (See 
 page 65, ante.
 
 Let me live in my house by the side of the road, 
 
 Where the race of men go by; 
 They are good, they are bad, they are weak, they are strong, 
 
 Wise, foolish so am I. 
 Then why should I sit in the scorner's seat, 
 
 Or hurl the cynic's ban? 
 Let me live in my house by the side of the road, 
 
 And be a friend of man. 
 
 FOSS. 
 
 (388)
 
 WORD INDEX 
 
 Abraham 
 
 Abb's Track 
 
 Abstract and Title 
 
 Abstract, Arrangement.. 
 
 Abstract, Arrangement 
 of 
 
 Abstract Certificate 
 
 Abstract, Form of 
 
 Abstract Defined 
 
 Abstract, Need of 
 
 Abstract of Title 
 
 Abstract of New County 
 
 Abstract, Sample of 
 
 Abstract, Size of 
 
 Abstract, Use of 
 
 Abstract, Where to be- 
 gin 
 
 Abstract, When to Secure 
 
 Abstractor, The 123, 
 
 Abstractor's Responsi- 
 bility 
 
 Abstractor, Skill of 
 
 Abstractor's Story, The . 
 
 Abstracts, English 
 
 Abstracts, Recorders' . . . 
 
 Abstracts to be Fur- 
 nished by 
 
 Acknowledgments . . 198, 
 
 Acquisition of Territory. 
 
 Adam 
 
 Additions, Town 
 
 Administrator's Deed. . . 
 
 Adopted heirs 
 
 Adverse Title. . 
 
 18 
 
 17 
 
 124 
 
 122 
 
 136 
 139 
 137 
 122 
 130 
 122 
 128 
 142 
 136 
 138 
 
 142 
 138 
 136 
 
 126 
 138 
 37 
 126 
 126 
 
 127 
 353 
 109 
 103 
 86 
 193 
 214 
 240 
 
 Adverse Possession 241 
 
 Affidavit 155 
 
 Aim of work 10 
 
 Alienation of Title 172 
 
 Alimony 201 
 
 American Survey System 45 
 Assignment of Mortgage 367 
 Attorney, Reliability of.. 139 
 
 Avenues 88 
 
 " Bad " Descriptions .... 100 
 
 Bankruptcy 158 
 
 Beecher 6 
 
 Bibliography 13 
 
 Bill of Sale 372 
 
 Blazed Tree 65 
 
 Block 86 
 
 Bond for Deed 238, 357 
 
 Boston 88 
 
 Canada Survey 49 
 
 Caption 142 
 
 Certificate 156 
 
 Certificate of Abstract . . 139 
 
 Certificate of Title 253 
 
 Chain 43 
 
 Chain, Two Perch 44 
 
 Chattel Mortgage 371 
 
 Chattel Note 370 
 
 Cheap Abstract 131 
 
 Check 378 
 
 Clouds on Title 239 
 
 Coal Lease 237 
 
 Coin Values 350 
 
 Colonists Claim 66 
 
 Color of Title 169 
 
 (389)
 
 390 
 
 LAND SUBVEY AND LAND TITLES. 
 
 Collateral Note 373 
 
 Commissioner's Deed . . . 194 
 
 Confiscation 164 
 
 Confusion in Descrip- 
 tions 96 
 
 Consideration 196 
 
 Convergence 69 
 
 Conveyancing 181 
 
 Corner, Jog 64 
 
 Corner Markers 63 
 
 Corner Slip 68 
 
 Correction Lines 54, 69 
 
 Coupon Note 364 
 
 Court, No Guaranty. . . . 195 
 
 Court Warranty 210 
 
 "Cut Throat" Mort- 
 gage 204 
 
 De BonisNon 217 
 
 Debts 216 
 
 Dedication 155 
 
 Deeds 189 
 
 Deed of Partition 193 
 
 Deed by Attorney 148 
 
 Deed in blank 191 
 
 Deed of Trust 193, 363 
 
 Deed, Origin of 112 
 
 Deed, Parts of 189 
 
 Deed to Correct 319 
 
 Defeasance 205 
 
 Defendants 149 
 
 Deficient Descriptions.. . 97 
 
 Delivery of Deed 195 
 
 Demand for Rent 374 
 
 Derivative Titles 161 
 
 Description 197 
 
 Describing Land, How... 90 
 
 Descriptions, Sample of. 100 
 
 Description, Wrong 145 
 
 Devisee 114 
 
 Desert Land. . . 174 
 
 Dietz, JohnF 140 
 
 Divorce 221 
 
 Donation 179 
 
 Dower 184, 220, 275 
 
 Draft 379 
 
 Early Method of Sale... Ill 
 
 Early Surveys 7 
 
 Easements 238 
 
 East 160 acres 96 
 
 English Titles 120 
 
 Entry 143 
 
 Equity 206 
 
 Escheat 164 
 
 Estate conveyed 191 
 
 Estates in expectancy. . . 184 
 
 Evenly off of side 96 
 
 Examiner, The 123, 140 
 
 Examiner, Work of 140 
 
 Exchange of Ownership. 110 
 
 Executor 227 
 
 Executor with Will 
 
 Annexed 227 
 
 Executor's Deed 193 
 
 Exploration 106 
 
 Farm Lease 362 
 
 Farm Wealth 250 
 
 Fee 168 
 
 Feudal System 104 
 
 Fifth Prime Meridian. . . 383 
 
 Figures in Abstract 128 
 
 Filing 196 
 
 First Prime Meridian.. . 382 
 
 First Lessons 9 
 
 First Surveyors 7 
 
 Florida 173 
 
 Forearmed 133 
 
 Foreclosure 114, 149 
 
 Forests 249 
 
 Forfeiture 165 
 
 Freeholds 108, 183
 
 WORD INDEX. 
 
 Furlong 42 
 
 Gadsden Purchase 173 
 
 General Land Office. ... 49 
 
 Gerry Elbridge 46 
 
 Government Lots 76 
 
 Grantor 190 
 
 Growth of Territory 66 
 
 Guaranty by Court 195 
 
 Guaranty fund 272 
 
 Guaranty Policy 260 
 
 Guide Meridians 53 
 
 Gunter's Chain 43 
 
 Half Blood 214 
 
 Holographic Will 229 
 
 Home, Legal 213 
 
 Homestead.... 174, 184, 276 
 
 Horticulture 250 
 
 Hundreds 47 
 
 Hutchins 45 
 
 Illinois 60 
 
 Illustrations, Index 16 
 
 Income on Stocks 346 
 
 Incompetents 243 
 
 Index to Errors 135 
 
 Indian Ownership 105 
 
 Indianapolis 88 
 
 Inheritance 213 
 
 Insurance 131 
 
 Insurance of Titles 255 
 
 Intestate Estate 212 
 
 Interest Tables 343 
 
 Investments 278 
 
 In time of Peace, etc 99 
 
 Irregular Section 75 
 
 Irregular Tracts 94 
 
 James, King 105 
 
 Jefferson 45, 46 
 
 Jog Corner 64 
 
 Judgments 157 
 
 Judgment note 377 
 
 Judicial sales 231 
 
 Land Commission 51 
 
 Land Measure 41, 341 
 
 Land Patent 144 
 
 Land values 246 
 
 Land Warrant 175 
 
 Laws of Registration 118 
 
 League 43 
 
 Leasehold 235 
 
 Legal Forms 352 
 
 Legatee 115 
 
 Lesser Estates 168 
 
 Lesson, First 21 
 
 Life Insurance 278 
 
 Limitation 242 
 
 Lincoln, A 39 
 
 Long Measure 347 
 
 Louisiana Method 118 
 
 Lots of a Section 76 
 
 Louisiana Purchase 173 
 
 Map, Town Plat 89 
 
 Map, U. S. Territory, 
 
 Growth 66 
 
 Master's Deed, 194 
 
 Measurements, Land... . 41 
 
 Measures, Useful 341 
 
 Mechanic's Lien 244 
 
 Memorials 64 
 
 Merchantable Title 166 
 
 Meridians, First 49 
 
 Meridians Guide 53 
 
 Metes and Bounds 92 
 
 Metric System 50, 348 
 
 Mexican Cession 173 
 
 Minor Estates 185 
 
 Missouri Deed, 360 
 
 Money, How to Save ... 22 
 
 Money Values 350 
 
 Mortgage 202, 366 
 
 Mortgagee 203
 
 392 
 
 LAND SURVEY AND LAND TITLES. 
 
 Multiples 349 
 
 Names, Different 146 
 
 Narrow Range 57, 70 
 
 Need of an Abstract... . 130 
 
 Need of Work 11 
 
 Needle, Variation of. ... 67 
 
 New York 88 
 
 New Territory 66, 109 
 
 North half of Section 6. . . 78 
 
 Nuncupative Will 229 
 
 Oil Lease 237 
 
 Ordinance 1785 47 
 
 Origin of Ownership .... 103 
 
 Original Titles 161 
 
 Outline 15 
 
 Ownership, Origin of. ... 103 
 
 Pace 42 
 
 Parties to a deed 196 
 
 Partition 276 
 
 Partition Suit 219 
 
 Partition, The first 116 
 
 Part Two 39 
 
 Patent 144, 170 
 
 Patent, Delivery of 170 
 
 Patent, Record of 170 
 
 Penalty, Removing 
 
 mark 65 
 
 Pennywise etc 98 
 
 Perch 42 
 
 Perfect Abstract 166 
 
 Perfect Title 166 
 
 Philadelphia 88 
 
 Plat and Dedication .... 155 
 
 Plat, Naming of 80 
 
 Platting a town 84 
 
 Poetry, Deed in 201 
 
 Pole 42 
 
 Political Township 72 
 
 Poor Abstracting, Re- 
 sult... . 140 
 
 Power of Attorney. . 147, 361 
 
 Preemption 178 
 
 Prime Meridians, All 
 
 58, 381 
 
 Prime Meridians, New. . 51 
 
 Primogeniture 264 
 
 Private grants 177 
 
 Private Survey 63 
 
 Probate 152 
 
 Probate of Will 226 
 
 Public Records 116 
 
 Public Survey, First. ... 47 
 
 Putnam 45 
 
 Quit Claim Deed. . .192, 359 
 
 Railroad Lands 176 
 
 Rancho 50 
 
 Range Narrow 70 
 
 Real Property 110 
 
 Receipt 380 
 
 Record of Ownership... . 116 
 
 Record, Omission from.. 117 
 
 Records, Value of 262 
 
 Recorders, Abstracts. . . 126 
 Rectangular Survey, 
 
 First 48 
 
 Redemption 204 
 
 Registry, Laws of 118 
 
 Release 147, 368 
 
 Release, Care of 209 
 
 Reserving Life Estate.. . 358 
 
 Residuary Clause 224 
 
 Result of Poor Abstract . 140 
 
 Revenue Stamps 199 
 
 Roods 43 
 
 Salt Lake City 88 
 
 Sample Descriptions .... 100 
 
 San Francisco 88 
 
 School Section 176 
 
 School Township 72
 
 WOED INDEX. 
 
 Section, First 47 
 
 Section Irregular 75 
 
 Section, Lots of a 76 
 
 Section of 198 acres 79 
 
 Section of 1148 acres 78 
 
 Section, Parts of 73 
 
 Sectional Survey, where 
 
 used 61 
 
 Seizin, Livery of 181 
 
 Seven Ranges 48 
 
 Sheriff's Deed 194 
 
 Signatures 198 
 
 Signature by mark 145 
 
 Slip Corner! 68 
 
 Smallest Tract Conveyed 101 
 
 Special Recitals 197 
 
 Special Warranty Deed . 192 
 
 Squatters 7 
 
 Square Mile 43 
 
 Squire, again 199 
 
 "Squire," The 98 
 
 Squire, The cheap 115 
 
 Standard Time 351 
 
 State Survey 60 
 
 Streets 87 
 
 Street Corner 85 
 
 Subsurface Wealth 251 
 
 Survey, First 55 
 
 Survey, Private 63 
 
 Survey, where used 42 
 
 Surveys, Early 7 
 
 Surveyors, First 7 
 
 Surveying, First 46 
 
 Swamp Land 175 
 
 Swindler's Note 376 
 
 Systems of Title 265 
 
 Tacking 169 
 
 Taxes 158 
 
 Taxes, Sale for 233 
 
 Teachings, First 12 
 
 Tenant 236 
 
 Tenants, In Common. . . 186 
 
 Tenants, Joint 186 
 
 Territory, Acquisition 
 
 of 66, 173 
 
 Testament 225 
 
 Texas 173 
 
 Texas Land Measure.. . . 43 
 
 " This Indenture " etc. .. Ill 
 
 Third Prime Meridian. . 382 
 
 Tiers 54 
 
 Time, Standard 351 
 
 Titles 161 
 
 Title, Alienation of 172 
 
 Title by Conquest 162 
 
 Title by Cession 162 
 
 Title by Descent 162 
 
 Title Insurance 255 
 
 Title Merchantable 166 
 
 Title, Source of 161 
 
 Title, Why Defective. . . 134 
 
 Top 238 
 
 Torrens System 264 
 
 Torrens System, Cost of 
 
 '....271, 274 
 
 Torrens System, Loss 
 
 by 270 
 
 Torrens System, Not 
 
 used 271 
 
 Torrens System, Refer- 
 ences 273 
 
 Torrens System, Weak- 
 ness 268 
 
 Town 62 
 
 Town Lots 82 
 
 Town Lots, Description 
 
 of 95 
 
 Town Plat 89 
 
 Township, First 47 
 
 Township Corner. . . .14, 211
 
 394 
 
 LAND SUBVEY AND LAND TITLES. 
 
 Township Narrow 72 
 
 Township Map 80 
 
 Township, Political 72 
 
 Township, school 72 
 
 Township and Tier 56 
 
 Trades Development 247 
 
 Tree, Blazed 65 
 
 Tree Claim 174 
 
 Trust Deed 206, 365 
 
 "Two Marys," 260 
 
 Useful Tables 341 
 
 Value of the Abstract. . . 253 
 
 Value of Insurance 259 
 
 Value of Real Estate. ... 130 
 
 Vendor 190 
 
 Vendor's Lien, 207 
 
 Warranty Deed 132, 358 
 
 Western Boundary 107 
 
 Who to Furnish Ab- 
 stract 167 
 
 Will 113, 223, 369 
 
 Will, Destruction of. ... 230 
 
 Will, Holoographic 229 
 
 Will, Nuncupative 229 
 
 Will, who may 228 
 
 Wife's Interest 261 
 
 Widow's Estate 275 
 
 Widows' Investments . . . 278 
 
 An index is a necessary implement without which the vol- 
 ume is but a labyrinth, having no clue to direct the readers 
 within.
 
 9 l jfiC3EHSi-