Liberty advocate. [volume] (Liberty, Miss.) 1835-1866, 1839-02-28


GENERAL REMARKS of the Attorney Of
W. w IIn,on Bank, to be returned with the pa
Wv" ~ The several counties, explaining the
innJs Of examination, and the principles up.
,,,hich il has been conducted, and lnlcnd.
W. n md the subscribers in pcrlec,lnS their
tiiIes:- r.,
h.rstothe stock oIthe Mississippi Union Bank,
ss, general rule, the facts constituting The titles
Tr,t statcd,-each tract being numbered,
H., convenience of reference, from onward
responding with the number oil tracts the
,,hscrOer proposes to mortgage,-anI the OBJ
S,,uons 10 the title are afterwards stalled, re-
!,.,ring IN each case to the tract against which
the objections exists, by the arbitrary number
Dr. yiousIy given toit. ~
The brie! OF he attorney Of the Bank will be
6gnI in each file Of papers, and The objections
there ponted oul must be remeded, elher in
,h.omde indicated, or in some other mode lead
mo to the same resdt. TINS briei the commits
s,0oers must retain in their poSsesSlon, ana re-
turn with the papers, that ltmay be seen, With
Oh, the labor o. Il re examination, that the %
i.c,Ions s,aed have been removed. II NIGH
aid the party TO give him copy, or permit hum
locopy it himself, but as such paperis easily
msluld or lost, it is desired that the commits
soners should not part with the custody
Of it.
1t is not improbable that, from the hurry Of
the examination, errors may have been com
Matted and possibly, IN some Instances, wrong
opinions have been expressed. In either case,
treat pleasure will be taken in correcting them
the first on being pointed out, simply, and
the second by the production Of authority.
The examination has been conducted with an
anxious desire, first, to do right, and secondly,
to give pubic satisfaction; but as 1t can scarcely
Je expected that opinions Will be readily re-
saiyed which operate to impair the validity Of
those titles, upon which the holders have repo-
seJ, with the utm Jst confidence, for years, with.
out they are supported by argument and author
ily, it is hoped II will not be considered oblru-
siye 10 state few Of the most prominent requIS-
ties of good title, and to follow that statement
by such authorities as will sustain most Of the
general principles upon which the various OBJ.
ec,ons above referred to have been based. 1t
nav be added that the examination OF this
county has been made by an
assistant Of the Bank Attorney; whose general
accuracy is greatly relied on. These reluls'
ties arc
!. The purchaser from the United States
must in all cases be shown; which may be done
by the production Of the patent, or the certtl
cate Of the Register Or Receiver.
2. Regular conveyance IRON first purchaser
through each intermediate holder, TO the sub
scriber; which may be shown by the proluc
ton ofthe original deed, or copy duly GER
tilted.
s. Each deed must appear, from the ccrtIh
cate Of the official person before whom It was
acknowledged, or proved, to have been eXecu
ted, in conformity 10 our laws; that is, must be
signed, sealed aud delivered, &c. See ReVl'
sed Code, page 452 and 455l :.
4. Each deed must be accompanied by rein
CUISINE mt of dover from grantor's wife, or oy
proof that he had no wife to take dover, al ua''
Of conveyance. If by deed of REIMBURSEMENT
1t must appear, from the certificate OF the per
son before whom it was taken, to have been nc
knowedged, as required, by the 18th section o
the act respecting conveyan,es. See revise
Code, page ASH If by proof that he had NJ
wife, il is sufficient, if sworn to by any cred oI
person, or certified by any public oihcer h'Vln!
an Official seal.
s, 1t must appear that each deed was deliV
cred to the clerk, TO be recorded within the tim
prescribed by law. g months from date,) an
that there were no mortgages, deeds Of lru''
orolher liens, including Judgements, as nga'is
the grantOr, at the time oil recording. II nc
delivered for record within the Time require
by law, tina, there were none at the time OF re
cording these facts 10 be shown by the cer
tfca,e Of the clerk Of the probate court OF III
county where the land lies, and by that OF cIer
ofcircuit court Of the county where The gram
orlives.
6. A certificate or receipt Payment by re
celver Of land Office, is considered S''u t',e
II issued to the subscriber. Ii trahs'erreo VI
tore Register or Receiver, nothing more IS "eo
sary than deed of REIMBURSEMENT OF doWer' .
Prooilhal tn. party transferring hal no "''e
lftranslerred before Justice of the peace, proc
srequired of the regularity OF the trahSIe''
oy which is meant, that the transfer was sue
as 10 be recognized at the land Office, ana cooS
lhe issuance OF the patent TO the iranseree' >
such case, ALSO the dover must be rellnqulSheo
or proof furnished that the party had no wile
z. If deed be made by the executor, adnlu
tstrator, or guardian, it must appear, by ceI'
ned copies Of the petitions, orders, &C uhue
which they act, that every essential dIrec''o
aud requisites Of the law authorizing sales
such cases has been complied with, else the PEI
sons whose rights and interests are affected
The sale are not concluded thereby, ana II
good title can be acquired by the purchaser
g. If the deed be made by the Sheriff, cop
OF the judgement and execution, including levy