The Iowa plain dealer. [volume] (New Oregon, Howard County, Iowa) 1867-1895, 1889-02-07
FOR LAND PURCHASERS.


Property Is Unincumbered.
This is very important subject, for
carelessness in the purchase of land is
q fruitful source Of expensive litigation
and serious loss. A title to land may
be obtained by Government grant,
judicial decree. inheritance, will, deed,
or by long-continued open. notorious,
peaceable and uninterrupted possess
sion under q claim of ownership. As
title may pass by judicial decree or
may become involved or cloudcd with
out such decree. purchaser who looks
no further than the registry of deeds
may learn an expensive lesson. To all
appearances there. the title may DO
perfect; yet the town records may
show an attachment; the court records
may show that . judgment against
the land has been rendered, while the
records Of the court Of equity may
show that conveyance has been
ordered to enforce bond for a deed,
or to annul a deed obtained by fraud or
mistake, or the owner may have become
bail for friend before any ono Of
fifty Justices Of the peace, and although
it may be impossible to obtain any
record of it, it will constitute, in some
States, lien upon the property, and.
finally. back OF all and superior to all.
there may be liens for betterments and
unpaid taxes. When one contemplates
buying land the ownership OF which is
claimed by inheritance or under will,
it would be prudent for the would-be
purchaser to cause an examination Of
the records of the probate, surrogate
or orphans court-the court, what
ever its local name, where estates are
settled. II there is no will, no dis
putcd claims against the estate, and
no minor or other person under disa-
bility interested in it, the purchaser
should sea that all debts and liabilities
of the deceased have been provided
for. and that his grantor has taken
sufficient deeds from all persons in
tcrested. Still he will have to run the
risk that . will may yet be found. II
the estate has been settled in regular
form. he will be aided in his in
yestigaticns by the records, and
ordinarily claims of creditors not
presented within reasonable time
will be barred, freeing the land
as to them. Whether there Is
any will or not, the intending pur-
chaser should investigate whether
there is any hostile interest in the
land on the part of any widow, wild
over, heir. legatee or any other per-
son. especially one under disability Or
not represented. II there Is a will, 1t
must be examined to sec that it is
valid upon its face. Unless it has
been duly proved and the time for APP
peal has expired, it may be we'll to
ascertain whether any suspicious cir
cumstances, such as mental feeble
ness, insanity or undue influence at
tended its execution. If the testatOr
leaves children. born or unborn, or de-
scendants of q deceased child, and
they are not mentioned or re-
ferred to in the will, they will have an
| interest in the land. which the pur-
chaser must take into account. A
I child born after its fathers death has
he same rights rs another, and. like
my minor, may have until he is forty
ne years old-till he is Of age and
wenty years more - to assert his
lights. The above are the chief pre-
.autions which o person about to pur-
chase land ought to take to secure a
valid title to it-Rural New Yorker