The Middlebury register. [volume] (Middlebury, Vt.) 1850-1882, 1875-12-14
An Extraordinary Land Title
Hunt.

Dive-iiug the story, as told in the
American Lnw Review, as far as possible
OF iechuicaIities, it is briefly this
Fifteen years ago MIR. William Ingalls,
owned piece of property in that part Of
Boston which has since been ravagod by
the great fire. His father had left this
property to him by will, his mother hay.
ing life interest in it till her death, in
1S45. The will also contained two lega-
cies, of $4,000 each, to the nephews,
named Jones, of the elder ingalls,; but
before his death he lost all his property
except the real estate, and the legacies
were not paid. There is no limit as to
the time in which an action can be
brought in Massachusetts, to recover a
legacy; about the year 1860, the Jones
brothers began suit for theirs, and two
years afterwards received the amount
with interest; ; total Of S143, 900. The
Ingalls, real estate was sold to meet this
claim, producing not quite enough by
$4,000; the brothers Jones bought it as
a good Investment for their legacy Mr..
Ingalls, inheritance thus became less
than nothing. The ground of the decis-
ion was that az bis fathers will gave
him exactly what be would have got if
there had been no will, the devise to him
was void md he took title by descent !;
but the legacies, being valid devise,
took precedence. Scarcely had the Jones'
es stepped into their property before
John Rogers began suit for it. He
showed that, in 1850, an owner of the
property had wiled it to his brother, "if
he shall die without issue" That broth
or had daughter, and she left the es.
tate by will to her daughter in l790,who
sold it to the elder Ingalls. But the
daughter who left it by will had not in
law the right to do so. The will of 1850,
continuing the phrase above quoted, was
meant 10 give the estate to the heirsat.
law. The daughter to whom the proper.
ty had been willed in 1870 was not the
heir; Peer Rogers was. His son, John
Rogers, sued for the estate aud recovered
it in 1865, from the brothers Jones.
Then young lawyer went to studying
the case. lie went back Of 1850 to
ITO, and found that the property had
then passed, by deed which conveyed
the land, 10 one johnson bur the docu.
ment did not say, as is usual, ito his
heirs" Consequently, when johnson
died, the estate reverted to the man who
sold il TO him, or, rather. to his heirs.
These heirs were found real estate op'
orator in Boston supplied the funds for
the suit, bought off the heirs for triae,
won the case, and gained possession
When the fire swept over the property he
bought lot alongside, and erected on
both lots, large, deep, substantial stores
Meanwhile, Mr.. Ingalls,, the first of the
list of owners, had been studying the ii.
tie to his lost property in records OF
yet earlier date. He found in 1861 II
had been wiled on the condition that 0
certain portion of it should never be built
upon. The condition had been violated
in rebuilding after tho fire. Stranger
still, Mr.. Ingalls, found that the testatol
OF IoOU was his ancestor, ana tnat ne
Ingalls,, was the direct heir. He brought
suit against the real estate operator. Iht
latter, it is said, consulted the sprits.anc
was advised to compromise on the bes
terms attainablc. Mr.. ingalls, received
back his property in the ground, ant
gavo mortgage for the building, find
ing himself on the whole much richie
man than at first. The mortgage va
subsequently transferred. and Mr.. In
gals title again thoroughly searched ant
pronounced perfect. In the long list O
transfers which appear, every day. in ou
columns, how many titles would stand
test of equal severity ?