Minnesota weekly times., 1855-02-20
TITLES.

In New England, where jack-knives and
hosses" form the staple of exchange, and where
s!swindles" are considered irrevocable when the
buyer ssponics up''--thefacile informality with
which transfers of property are effected, tends to
form habits of looseness. which are brought with
them into the West--spreadng ''moral infec-
tion'' of laxity in all the transactions of bargain
and sale.
What the sscrack mare" is to the Vermonter,
the Town lot quarter Section is to US, to all
settlers in new country. Land is our whole
stock in trade. Everybody has moreor less land
to sell at fair price-and everybody wants to
buy on terms still fairer. The pretentious Jocky-
ism of the Yankee, with his swagger and slang
and imbecile leer of scatch- me-if-y -you-can cute
ness" is carried into Real Estate transactions.
He sswaps'' his farm As he used to 'swap'' watch
cs in ssVairmount," makes note ont in fly
leaf of his inevitable pocket-bo *, and considers
the transfer complete. -+-" -
The easy, -unsuspectingindolence of the South
erner, leads him blindfold into the network Of
formalities with which the law guards the dispo-
sition of Real Estate.
1t is high time this heedlessness was stopped.
Momentous interests hinge on matters that seem
trivial now. See to your titles, gentlemen, a sim
gle false step now, may lead to half century Of
litigation. Let the national contempt of techni-
calities and forms, vent itself in directions less
perilous to the rights of property.
In relation to this subject of titles and convey
ancing, we invite careful attention to some ex-
tracts we propose making from work Of ac-
knowledged authority; these will be continued
in succeeding numbers of our paper, and will be
found Of sufficient interest to justify careful
perusal by those engaged in buying and selling
lands . .-..
As respects real estate, i'll consequences may
arise, from misapprehension, either OF the va
idity of the title, the extent of the property it
self, or the quantity and quality of the estate
in it. i",s
With regard to the title, in some cases, it may
be good and efect1al as to some persons and
some purposes, and void or voidable as to others.
Thus titles under voluntary settlements, or deeds
made without valuable consideration, are void,
as respects those persons who were creditors at
the time of the execution of them, but are con-
conclusive upon the parties, and good against
every body else. So fraudulent deeds will be set
aside in favor of every body defrauded, but will
bind the parties.
So titles under deeds not acknowledged and re-
corded, are good against the grantors, and pur-
chasers having notice express or implied, but are
void as to purchasers without notice, who have
complied with the requisitions Of the statute.
Where the proper species of conveyance has
been used, where the grantor had right to con-
vey, and where no defect is apparent on the face
of the deed, the title in some cases may be essen
TALLY defective, for want of the observance of
certain requistions, preliminary, and indispensa-
bly, necessary to q valid conveyance as in the
administrators, sherifs, &c. where all the direc-
tions of the statute must be exactly pursued.
So in the case of the revocation and new ap-
pointment of uses, by virtue of power, where
all the ceremonies and formalities, imposed, how
ever arbitrarily, upon the execution Of it, must
be strictly observed. ~, -''a,s teaF