, 1875-05-09

court proceedings without gong TO the record.
and examining carefully Ill the papers ana
correct. It may fail to show many
facts which lawyer would deem essential.
The debtor is hslpless.-hs has no part or lot IN
the proceeding all persons exercising arbi"
. strict accountability. Purchasers even At
mortgage ea1e; nndes power, are required to SEQ
that the creditor gets his money! unless the
mortgage expressly provides that he ehah not Pc
SO required. What have said applies equally
well to trust-deeds. 4 truat-doed Is An instru-
rnent 1hich conveys the: land to . third person
in trust to sell. ETC., under the directions con:
tanned in it. These directions must be pursued
strictly.
usually required that sales should Dc made at
NORTH DooR or THE counr-HousE.
Wheu the fire came the north door was destroy
ed and the question arose ii to the place Of
sails. The Circuit Court decided the sale could
not take place where the Eorth door MAS, but
he supreme Court decided otherwise SO that
now We frequently dee j Trustee and one pur-
chaser (ard he the creditor) sprawllng around
on the ruins, trying to get az near as possible
to that particular place ln the universe which
formerly WAS known IS the north door Of the
We find in the co1rse Of the examination Of
the title TINT
TIE CONSTRUCTION OF L VILE -:
ia involved. Some person, 1t one time an owner
Of the property, devised 1t to certain persons
standing -poiht in case Of this kind is: - What
was the intention of the testat0r?" To eetla
this question involves knowledge of willis, and
here again may say whole lecture may be
brought in. The will must be proven, IN due
form. but the conveyancer should not rest here.
The testatof may have left debts behind to be
paid Regardless Of the terms Of his testament
Has the estate been settled and the debts all
paid OF ? If the abstract fails to shoN thus, re-
couise must be had to the records themselves.
Perhaps the real estate III que,ton has been
sold 10 par debts. In such case the proceedings
must he examined, and here arises the question
OF jurisdiction. The petition may be all right
the proofs complete, the order of the Court sui
fcient, the sale in due form, and the executors
deed correct; but suppose the abstract fails to
show that the deed was confrmed2 ? Then refer
to the recocds, and, if it trnuspires TINT tho
deed was never confirmed, the title has failed to
pass by the proceedings.
PARTITION PRoCEEErSGs
will often appear IN the abstract; involving not
only knoHiedge OF chancery practice, bas also
OF the statute relating to partition. All tho par
ties in interest must be brought in, otherwise
their rights are not affected. In remedies given
by statues the statute must be strictly followed.
In ordinary chancery proceedings where the re-
lief sought is within the discretion Of the Court
the decree Will b1nd all parties to tie suit, but in
statutory proceedings, as Partition proceedings
to sell land for debts, to support minor heirs,
&C., great particularly must be obsorred- The
law attempts to protect these who are unable to
protect themselves, Al in case Of infants and
luaa:ics.
1t is impossible to tnamesate the 49,.
l. CASES WHICH MAY ARISE IN EQUITY
concerning land, ,.hEe the conveyAncer charged
with the examination OF title should sec to it
that the proceedings have passed the title be-
yond a peradventure. Ordinarily decree binds
al the parties to the suit, but either party may
take writ Of error at any time within dve yeara,
and if the decree Is reversed it is bad for pur-
CHASER Hereunder. II, however. the five years
baTe elapsed; it Is pretty safe to take the title
It, however, q bill Of review is filed aetting up
fraud in obtaiuing the decree, and that the de-
PENDANTS had actual notice OF the fraud, the de-
cree will bs set aside ii the fraud and notice are
proven. e..
There may be many defects in the title, but if
the record fails to disclose them, purchaser
will be protected, unless the defects Dire proven
to have been known to him when he purchased.
So bill pending concerning laud Is notice to all
purchase they do 80 at their peril. taking the
chance Of the result Of the snlt.
CONDITIONS In DEEDS.
It often occurs that + conyeyauce contains
come conditions upon which tho title depends.
See to it that the condition has been performed
In 1888 treaty was made with an Indian ;tr1be
whereby certain lands were ceded, IN cousldera-
ton Of their vacating the vicinity If Lake Mtchi-
rau Eiytanf1 hundred &cfes were CedeQ to one
b;liv (}n}dwell. nu Iutian in Cook County,
Int .,non tie condition that neither be-
nor, hia hsirs should sell tbs same with
out the approval OF the President. he
did go, however, and tho present owner,
Who ID eou OF the grantee Of the Indian, desir-
ing to borrow money, had bis abstract brought
down. Il showed the treatv but did not show
| that the President l1ad ever given his consent,
nor did the records at Washington show the fact.
An examination Of the authoiities developed the
construction the Courts gave to such . case
which Is, first, that the approval OF the Presi-
| dent WIS condition precedent to the sale by the
| Indian and, second that an approval now
would hot relato back, but must take effect as Of
| it's date.
DOVER.
| Some Of the mosI Troublesome questions
| arising in IN abstract are those relating 70
DOVER Under the statute of Illinois married
gopnan has Cover in an equitable eatate II
! therefore. qp;t-claim deed should be required
| to e1lt OF m enuity care ehould be taken that
| the wife should join, But tile estate must be
complete, not merely IN interest in the husband
| which might ripeh into IN estate. -.
| A woman cannot be diyAstad of dover axoept
| as provided by law. ReferAaco to the atatute
must be had to SEQ il ste has prop
| er1v Joined her husband in the release She can
not re1ease l1er duTer TO one While her husband
conyeya The fea to another: It is an apuurtennDt
to the fea 30 long az the woman lives. Alter her
| L.ok..5t. do..k .ho .n.v ,.I,.ca ~. DIS.