, 1875-05-09

deed WAs found. anu II nEpea4eu su9
snsi baa been affixed, but the Recorder had
fsiIed to note It. Such questions arise dal!y n
fhe business OF tho conveyancer. No one taang
khonld be moro thoroughly impressed on the
mind OF the lawyer as well as the business man
than tho importance Of preserving esaoenee OF
viii be sdEcie6E, buf Is safeguard in case OF fhe
destruct,on of tho pnflic record, or for the pur-
pose Of CORRECTING its defects or Tor the PURPOSE
OF detecting foreeEies and fTaudsr the original
papers a1e lnvalusb!e ano lnoeea "lkuouI tAelo
often the title will faI
1HoRouaH ABSTRACT
embraces everything shown BY the pdbhc roc
prds relating to the particular land embraced
therein. These records are:
Fra-The books in the Recorder onace OF
the county wherein the land is sitnated -
6ttond-The records oT tho several courts,
orubrscipc rs in this countv tho United States
Court, the Circuit and Superior Courts. and the
County Court; also the Criminal Court IN cases
Of forfeited r6cogni3ancee-
ord ct the Department at Washington, the Land
Office at Springfield, md the tecords OF the
Canal Trustees. It not unfre4uentay aapPens
that reference must be had 70 statutes either OF
the United States or Of ths State.
Ye may say that the
oR1GK OF TITLE IN nLdfor3
WIS in The United States Coveru1nent, and from
tlat source it has come to the present owners.
In 1877 large portion Of the public domain vas
fur the purpose OF public Improvement, and the
STATE caused this land TO be conveyed to True
tees with power to tel it and apply the pro-
ceeds in the construction Of the Illinois
l. Michigan Canal l have thus briefly
referred to the source OF title for
the purpose Of Obtaining starting polnt IN the
Examination Of the abstract. Congress set apart
every sixteenth section for educational purposes,
4nd this came to tho State alno for that purpose
and has been disposed Of pursuant TO atatute'
r{.n4 HI-n }r$ Sfaf fTnrar q
senblv in Scnool Trustees, with auihor,t! to sell
the same. So that We ind three original, OF
substantially original, sources OF title:
Ffr..-A patent from the President Tor :hat
Fsuhon sold by the Government
Secoad-A deed from the Canal trustees 1o1
that portion caaed 10 Illinois for public improve
ThiTd-A deed from the School Trustees Tor
thAt portion ccded for educationh! purposes.
We zre uauaily Batistied with these souroes;
but, If Nc demand
= 1 CoMPLETE oHAH,
TTss-Tho nroclauna alton Of discovery.
= Second-The grant BY the King and ha ooun-
u to the original Virginia patentees.
Thtfd-The Treaty Of Peace WhefeoJ mo Co1-
aoiee we,e confirmed in their nights. ,
Fo,tru.-Ihe ordinance OF l1o9, Tnefebv W.
1inia ceded to the United States Government
the Northwestern Territory.
Ffus-The treaty Of the United asatex with
ttao fudians whereby they vacated
Esuh-Ihe Government survey.
.Eepenh-The act Of Congress which placed the
taud in msrket-
EioE1l.-The patent from the President
T3sLThe act OF Congress eedlhg the ai1-
Second-Ihe act Of the Illinois Legislature
providing for School Trustees.
Third-Tl. deed OF the School Trnstees-
Or il canal lautls
49, Z ~ ~ 1snnrresa cedine I'd the State for
seoadT1ct. of GenerA Assembly providing
for Canal Trustees.
T1ird-Deed OF the Trustees.
There is also another class cl Mnds IN 1luo1a
which come through the
ILLINOIS CENTRAL RAILROAD COMPANY.
Pursuant to the act Of Congress eedlAg lanu for
public improvements, the Legislature CREATED the
1llino.s Central Railroad Company, ana granted
to certain Trustees mHny thousands OF acres
to be sold from time to time the proceeds to be
spp.iod 10 the construction OF thar road and its
hrauches. There are also some Indian reserya-
tionn consisting OF large tracts OF land reserved
By the treaty to certain Indians and the!E hears.
1he Illinois Central lands are conveyed by the
Trustees the Indian lands by the indians, NTH
The consent Of the President, pursuant to the
Terms Of the treaty, which Tere also tncorpo-
rated IN the deed Of tie President couiiruiatorr
ii tie treaty, and without Halch the nolan can
not 1naEc perfect title.
0pa other class Of lands IN this State must not
sseapo our attention, VIZ:
THE FRENCH CLAIMS
Tho French settled on the EaskAslda and e.
tabliahed trading-poste opposite st. Louis, and
thiak, it Peoria. In the sct Of Virginia, Dec.
20 lfs3, which authorized the Virgins Delegates
In Congress TO cede the Northwestern Territory,
the following language occuts:
That the French and Canadian inhsbitants and ett-
er settlers of the K.skaskia*, ST. Vincent and the
neighbortng Villages who have profeSsed themselves
edt,zens Of Virginia alal have sesr Possessions con
611ued to he and be protected in the enjoyment uf
their rights and liberties.
The snbstarce Of this is Incorporated in the
urd1aAnce uf 1787.
/ viii now proceed to examine the different
eonveyances and proce eaings, IN abstraet Of
po1rt is good by deed from some one Of the
sources already mentioned. will speak first Of
ccNvEI4scs PROPER,
and, seconi, Of proceedings Of courts Of record.
There must be grantor capable OF granting
that is, he must not be crazy, although there is
no law against HE being b fool-21 years
hid II d male and is il s fenafe. THE deed
must contain granting words, and con-
sideratiou expressed The description Of the
!and must be written and sufficiently. DC
curate 60 that 3 surveyor can End it
by applying the ordinary rules ct Ills science
with i habendusn and words OF warranty. It
uust be signed, sealed, and delivered. Although
the abstract discloBes sufficient to determine
WQeiGef EQ6 1ubL1u 1uIHEuk 10 IL SOlH17 VOL ~ h1{1
not show whether the grantor was labo,ing under
Ally disability. This must be asceztRncd from
nther sounce2. -..
Proof Of the execution must be established.
When the acknowledgment is in due form the
ebstracs Ia silent on the subjccE,-only the de-
focts Are noted. The form Of the Acknowledge
ment is goynrned by the Law in force at the time
OF the dxte, Notwithstanding that Law may be
subsequently, repealed
The execution OF deed may bs proven either
by tho acknowledgment, it in dne form, or by
proving the signature when not acknowledged.
It cannot be admitted foi record when not ac-
knowledged but is just Is good ~ evidence
when proved by the common law rn1e: A deed
not recorded ID not notioe to persous dealing
with the land, unless zctual notice is given.
Tho record OF deed ia constructive notice OF
Its existence, and ali persons attempting to
Heal with the land aro bound with notice. L
certified copy Of the record Of deed cannot
bo used in evidence, except upon first showing
Eaa loss Of the original.
4 deed not acknowledged and not recorded il
binding on ali parties dealing with the land il
the grantee is In possession OF the land; in
fact: eteiybody is bound By Whatever title
person has m acsnal posssssion, whether he DIS.
closes bis title or not.
Another important question Il,
HAS THE GnANI0R WHE7
II The abttfact is silent on the subject, It /.
ff,a dutv nf thu .rnnrayxnnAr to xGcArtXIu The