Savannah morning news. [volume] (Savannah) 1868-1887, 1884-10-26
Titles to Realty in Georgia.

Judge W. W. Montgomery, Of Augusta,
Ca, late Justice of the Supreme Court
| of the State and a lawyer of ripe expert
ence and great ability, says:
AS l have been asked by professional
| brethren for copy Of certain rules which
| experience has enabled me to collate in
| the investigation Of titles to land in GeOr-
| gia, and as the subject is one of general
| interest not only TO the profession but to
/ the public, will you relieve me from max
| ing copies by publishing the rules for me,
if you deem them of sufficient interest to
occupy the space which they Will fill,
The purchase of realty in Georgia is, as
the law at present stands, a hazardous
matter, and no lawyer who values his
reputation will, even after the most Iab0-
TIOus investigation, pronounce the title
to any piece of land as certainly valid
The rules submitted are only intended as
cautions to the investigator in his search
not as induces to a perfectly satisfactory
result if followed. Other cautions, which
have not occurred to me, will doubtless
suggest themselves to the practitioner
who is in the habit of daily treadin9 this
dangerous and difficult road. The follow
ing are the rules:
/. Trace the title back from the proposed
vendor as far as possible upon the regis
try of in the office Of the Clerk of the Su-
periOr Court and in the 0rdinary's Office
if any link in the chain is a will or parti-
ton of an estate, noting the name of each
preceding holder.
,. Search for mortgages and other regis
tered liens (whether by the present or
some prior hOider) in the office of the
Clerk OF the Superior Court of the county
in which the land lies.
3. Examine execution dOckets of all
courts in county of proposed vendors
vnaiIpnnn II Gnnatip1nG hn Tr Il Mt
to extend this investigation to counties in
which preceding holders have resided.
4. Examine minutes of courts as above
for judgments on which no executions
have ever issued.
.. Search original writs for judgments
which the clerk may have failed to enter
on the minutes. In the course of my praC-
tice l have found one such case.
g. If in tracing the title on the registry
one link should be a Sheritf's deed, note
two things: l, is the judgment under
which the SheriT's sale took place regu-
lar2 2, was the entire property sold or
only the equity of redemption? Ii the
latter avoid judgments older than mort
gage or other lien. 81 Ca, SEA.
Z. Is the proposed vendor or any imme-
diately preceding vendor a member of
firm against which any judgments are in
life obtained while the present or former
holder owned the land?
s. Is there any Judgment which has
been kept alive against the proposed ven
dor obtained against him as d joint 0bligOr
or joint trCspasser Of any Kind in any
county other than that of his residence?
This Investigation may stop az Feb. 2S,
1874, vixen the first act was passed re-
quuing such Judgments to be recorded in
the county of the Joint obligOr's residence
if it is sought to fix the lien on any prop
eTty of his outside of the county in which
the judgment was obtained. See acts Of
1874, D. %. See acts Of 1859, p. 143.
8. Ii the proposed vendor, or any i'm
mediate predecessor, has been an execu-
tor administrator or guardian. examine
the records in the Ordinary's Office TO see
il he had there been called on to account
and a Judgment rendered against him.
10. Beware of hOmeSteads and liens,
statutory or other kind.
II. Inquire ii proposed vendor is surety
upon State Treasurer's bond, Tax Col
lectOss' bonds, or Tax Receivers bonds.
20 e. SSSl2. S14, 1ST2-3. Acts of 1876 |
Code 81 1881, SOFA.
y. say of execution bonds. ss3662,
41G7.
10. Taxes. Code. sss12, S14, 1925.
Is. State lien for criminal costs. Code,
1899. 1894.
10. Lien of judgment for purchase mo
ney Of the land. Code, S1994 led. 1882.
10. Lien of Judgment, appeal from.
Code, 1850, 1851.
Il. Guard as far as may be against ben
efciaries tracing trust funds into the
land. For although a bona fide purchaser /
without notice is protected against such |
a claim, yet no one wishes to buy law |
suit.
Is. Avoid conditional titles which may
not express the conditions on their face) |
to secure a loan. Code, $1,000.
10. Avoid lien of wife pending suit for |
divorce. Code, s1721.
20. Examine minutes Of Superior Court /
of county in which the land lies when the |
vendor is a nonresident of that /
county for foreclosure of mortgage which |
may not have been recorded, Probably |
such mortgage and foreclosure would be |
invalid against a bona fide purchaser /
without notice under Code, sSl9j6, 1857. |
But possible risk should always be point |
ed to a proposed purchaser.
81. Examine records of Justices of the /
Peace in the county Of proposed vendors |
This viii generally prove more |
or less unsatisfactory, for the reason that /
a Magistrate going out of office does not |
always turn over his books to his success |
or. The books in time are lost, while
judgment obtained before former justice |
may be kept alive by entries on the Fl. ia. J