Constitutional Whig. [volume] (Richmond, Va.) 1824-1832, 1831-03-18

4 LneSe
Deed of Trust the one hand, and application tn
learned and skill;u conveyancer the other. The
plain fact however, that Deeds of Trust for secur--
ing debts daily executed; and that individuals
who do not understand the form they attempt to fol-
low, and much less how to vary that form ACCORDING
to the law and circumstances of each case, con-
stantiy applied to to write deeds of conveyance is
conclusive that the legislature should interpose to
relieve The people of the mschcfs which they br,nr
upon themselves by, perhaps, desire to accommo-
cate or to keep from being sued, on the one hand:
ana on we other by ignorance and desire to save
dollar or two which is, generally, the difference
between the fee of the individual who has qualified
himself for the business, and that of some clerk or
ms deputy or other person who would have it be-
ieved they are well versed in all the intricate law in
relation to conveyancing, without. in many cases,
ever having read page the subject.
would not be understood to mean that Deeds NJ
Trust should b. abolished altoge her; for have M
doubt OF their utility IN some respects The cases in
which they are useful. will readily present them
selves to your minds. would say, however, that
those who execute Deeds of Trust to secure the
payment OF purchase money debts generally
should be allowed reasonable time to redeem their
property. / would say, that all Trusts of lands
should be put on footing with mortgages or less
term for redemption, might probably be reasons, blu
aliowed-say ten or fifteen years; and in Trusts of
personal property that the time for redeption should
not exceed five years. The necessity for some nro
lection to those WHO are led into debt, account of
these visible effects, principally by the merchandise
ing part OF the community must be apparent 10 every
rejecting man. How often do we see an individual
entreatcd to purchase goods credit, and er he
has been induced thus to purchase for some time an
unexpected demand is made for the amopnt of hi.
account and If The money is immediately paid
Deed of Trust is required the whole or the greater
part OF ms y-the value of which is freauent
ly ten or twenty times the of the debt which
1t Is conveyed 10 This deed is executed will
a promise, generally, from the creditor that with
such security the debtor can have his own time to
pay the deGt. Sdch promise isles the debtor-
he thinks cred secure, and will NOT n,,sb
hlm-he Is Iulcd into entire composure on the sub
jet, and is thus induced to make exerton TO meet
The impending storm, which only awaits the nod of
the creditor to burst upon his head and leave hin,
boggar The time, manner, and place of sale of the
property being generally left the discretion of the
ciedi'1r' ne selects his opportunity, ard pounces
upon his debtor, with a ten, twenty, or thirty DAYS
lnOice, allowing as little time possible to make
arrangements to proven. the sale of the property or
10 look OIL, for purchaser, who will give fair price
Tor l.; and frequently selects of the wav sno
some distance from the property the place of sale
The consequence Is, that the creditor Is in many
cases the only bidder and he gets the property, in
and the unfortunate debto. thus reduced to povert
without the possibility of helping himself
IT such evils from the collection of by Deeds of
Tust-and for evidence that they only to annesI -
your own obseFraon-shoud not suitable remedy be an
Piled and is strong nducemen to the merchants State
respective counties and districts and Yourselves
many merchants have not become the large roon
of land in the nehborhood of their stores; this too viii
out any thing like adequate consideration. In my humble
opinion there provision of any laws of which
aware that tends wealth and indsnen
dence of the worthy yeomanry of The State in the
collecting in this We haVs h1 e sse.ag
the law, which the eldest the of the land of
his father IN order that wealth might be equally db
ted; but we have retained this feature English Law. in
relation 10 Trusts WATCH virtually couneacts the renea rs
the law OF prnogeninre and, indeed has effect than
that law could have had for puts hands of sngIs
individual IN many instances, the wealth whole neiebbo,r
their families ~ a'o
Trust debts be allowed reasonable time to edeen,
their property and you will find fewer contracted Mer
chants we'll he less disposed credit their goods II ,
very Profitable and expeditions mode Of collecting debts
moved may perhaps be said, that would be more
eSor,en to for collection THIS would case if AZ all o.,
very limited extent as the number of debts would be very
much iessene Collection by suit however affords debtor
better opportunity Of obtaining fair price for his proner,v
should he not be able the Judgment and
executes Deed of Trust his property to secure debt b
thinks his creditor perfectly satisfied, makes no efo,
remove tie ncupbrance ill the for INDULGENCE s. %
ed But let suit he instituted against him and his eyes arr
Immediately opened and he every effort to bs
to properly however in the mos, public
nH by public officer after notice of sale a, the
As TO The evils arising from any every Individual heinz
aowgu 10 SCI nse up as conVeyance without least
knowledge oil the laws operating upon the subjects thus amn
ted to be properly veyed let to yourselves for me
ieSal informal and imperative Deeds of Conveyance &c
a nave come under your view in your counties and
districts Why required, that Individual shall he allow
having been previously pronounced qualified do SO by the
Judges of the State? Because litigation of the
houd be properly conducted aud incompetent persons bo3
be prevented as lar practicable from imposing hemelvps
upon those individuals who unfortunate to be invo
oF
law IN relation to land titles should be the hands of men
who have prepared themselves by long course IF s,
and hren pronounced so qualified by the Judges of the CON-
tolweah; Is not indeed of the utmost Importance tina,
the conveying Of the titles lands should he in The 10
Of those vino are acquainted with that difficult branch Of
our laws and not left to the mercy every clerk mr. snn,,
clerk other individual in the State who NAV aemn ~, 3
low an naPPcabe form To remedy this evil as far as COS
he would suggest that every individual presenting berd
OF Conveyance &c for record be required 10 saw upon oaI
ha' such instrument was written either by Of the paes
or by some licensed LAWYER Wills from necessity of the
case must be excepted IL is bo regretted however Thar
some means cannot be adopted ensure as far as
ces VIII admit, the execution of wills ACCORDING TO the co.
SITES OF law and thereby the frequent litigation Thai
ARISES upon Them That member Of the Legislature who viii
nave hee subjects brought before hcm will he doing on inc
D tirab!e the State 4 COySTITf1 ~, I''s
II HOUSE OF DELEGATES
''Hr9sDAY, March IL
- The Senate have roeg.@ he bls--1, Concerning