The weekly clarion. [volume] (Jackson, Miss.) 1863-1882, 1871-02-23
From the CarroIton Conservative
SALE or LANDS.
| Y.

".
In No. 2. 1 said something about
Vendors Liens, and in this L shall say
something about the sale of the land
itself
l. All contracts for the sale of land
or the renting or leasing of it for a longer
time than one year, mast be IN 1critiag,
and signed by the seller, or lessor, or his
agent and there is no exception to this
rule; payment or part payment, or going
into possession by the buyer, viii have
no effect whatever to bind the seller to
stand to his oral or verbal contract. But
this rule requiring the contract for the
| sale of land to be IN writing, is for the
| benefit of the seller, and TO prevent the
owner Of land from being deprived of it,
by false testimony, showing that he had
sold it. Hence if an oral or verbal sale
of land be made, and the purchaser pay a
part Of the purchase money, he can not
get it back, if the seller is willing and
offers to make deed And / think the
same rule would apply, where the pur-
| chaser has given his note for the purchase
money, so as to make him liable to pay
1t, if the seller, in a reasonable time,
will make deed, or offer to do So
2. But whilst the seller cannot be
made to give up his land, unless he has
made a contract Of sale In writing; it
does not follow that he can make verbal
contracts of sale and violate them with
impunity. For if | sell you land by
verbal contract, and promise you to make
deed, and thereby induce you to move
on the land, and afterwards dishonesty
refuse to carry out the contract, you can
sue me for the damages which you have
sustained thereby. e. for your loss of
time and expense in removing.
3. The contract must not only be in
writing-that is, the writing must be so
full and perfect that on reading it, the
terms Of the contract will be fully under
stood, without any explanation from any
quarter, but the contract must show who
sells the land and who buys it; and it
must describe the land fully, either by
Land Office numbers or by metes and
bounds. And where Land Office num-
bers are used, the particular sub-divis-
ions of the section must be stated; as for
instance, Northeast quarter of section IS,
and also the Township and Range, and
the county in which it lies. | have seen
deeds written which convey a part of
as thus a part of east half |
of northeast quarter of such section;
this won't do, because it cannot be told |
from this writing what part is sold. So |
have seen deeds written thus: 500 |
acres in the east half of northeast quarter"
of such a section. This will not do, be-
cause it cannot be told from the deed in
what part of the east half of northeast |
quarter of the section the 20 acres lies
In all cases where there is any sub-divis- |
ion of a section sold, which is not legal |
it is better to state the metes |
and bounds of it, or state particularly its |
shape and where it lies. 1t would be a
good description of the land to write it |
thus: THAT part of the west half of |
northeast quarter of a section, which lies |
South Of the Carrolton and Walden Road, |
or which lies south of Pelucia creek"
4. Deeds and title bonds ought to be |
recorded in all cases, after being first du-
ly acknowledged, or proven. But this Is |
not essential to make the trade a good |
one between the parties. 1t is useful /
only where the seller shall afterwards sell |
to another, who has no notice of the first
sale, or in case a judgement should after
NdTuS NC ICCON0I6u dSdluSI the seller
But if the purchaser takes possession of
the land he buys, this is notice to every |
body that he has claim on it, and if /
anybody buys whilst he is in possession,
he will get no title; though the deed is
not recorded. But it is always better to |
record the deed, for when it is recorded, /
if the original be lost or mislaid, or de-
stroyed, certified copy is good evidence.
1t must be noted, however, that the re-
cording of the deed is worthless unless it |
be properly acknowledged or proven, in
with law.
If the deed be recorded within three /
months after it is executed, it will be as
good and valid as if recorded on the day |
it was made; but this does not apply to |
Mortgages or Deeds In Trust, which lat /
ter effect, as to creditors and purchasers,
only from the date-they are filed for
record
1t must also be observed, that Deed |
for Land must be stan1ped-fifty cents
for every hundred dollars, or fractional |
part thereof, of the price-then where |
the price is 800, the stamp is fifty cents;
and so if it be $500, it is the same, and |
if it is 1901, it is dollar.
In my next this subject will be pursued |
further.