The Portland daily press., 1896-01-06
WoMEN's COUNCIL.
Mr.. Clarence Hale Lectures on Deeds and
Mortgages-A Large Attendance-A Cap
ital Address-Many Questions Asked.

Mortgages-A Large Attendance-A Cap
itaI Address-Many Questions Asked.
Saturday afternoon. in Secoud AdAent
church, the Women's Council was address
ed by Mr.. Clarence Hale on the subject
of deeds, Mortgages and Leases.
There was large audience of ladies pres
ept, notwithstanding the low tempera-
ture and whirling clouds of dust outside.
In the absence Of Mrs. Merrill, the presi-
dent, Mrs. George S. Hunt, the first vice
president presided, and, in a few graceful
words, introduced Mr.. Hale.
MR.. HALE'S REMARKS.
Mr.. Hale commenced by saying that
there was an obvious unfitness in his
attempting to give instruction in the
matter of deeds to the ladies of the Wom-
ems Council who are already 80 we'll
known in the community for their good
deeds. He said he would try to make
his suggestions as plain as possible, and
give tho fullest opportunity for questions
touching any matter which should be
discussed.
| All the instruments to which this talk
refers, namely, deeds, mortgages and
leass, are contracts with reference to the
transmission of real estate The first
thing about these contracts is that they
must be..in writing. Let rs start with a
deed. If you buy personal property, you
may take possession of it, and the con-
veyance need not be in writing But it
is inherent in the purchase of real es.
tate that the transfer must be a deed in
writing.
Mr.. Hale here discussed historically
the matter of deed being required to
earliest times in England acts equiva-
lent in point of formality and certainty
were required, but for time-no writing
was required.
The second essential to the execution
of deed is that it must be delivered.
The title does not pass, and the contract
is not completed until delivery is made.
This delivery may be to someone for the
grantee. or the record with the Registry
of Deeds may constitute delivery.
The third requisite of deed in order
to make it valid as to third parties is
that it must be recorded. Mr.. Hale here
showed our method of recording and
method of examination of title, and de-
scribed fully our registry system, going
back to the old and historical York regis
try. He said: "These York records are
most interesting to the historical stu
dent, as we'll as to the lawyer and it is
interesting to see that substantially the
records, as pertain now. There are the
same requisites to a deed in these old
deeds, as we'll as to deeds centuries be-
fore, in England. 1t will be remembered
that York was divided in 1850 into three
counties, York, Cumberland and Lin
coln." He here quoted the paper written
by Mr.. Hobart W. Richardson which con-
stitutes the introduction to the record
Of early York deeds published by the
State. He quoted from this as most
interesting paper i'll which are sugges-
tions with regarded to land titles which
are of great interest to the stlfdent as
well as to the lawyer.
Having discussed the three essential
things to be said about a deed, he then
took form Of deed, saying, cit is a
paper Of historical az we'll as OF legal sig
nificance. Some OF the forms of EXPIRES
sion in it come from the Feudal System.
The essential things about it are the fol-
lowing: First, 1t must contain the
names of the parties; Second, The con-
sideration: Third, The description
Fourth, The conditions, reservations and
covenants; Fifth, The seal; Sixth,
The acknowledgment suppose,
in this State, as simple a deed
as this might be held to cover the re-
quirements of law. i, Sarah Jon es, in
consideration of one dollar to me paid by
Susan Smith. do bargain and sell to
Susan Smith and her heirs, the following
described lot of land to wit: Describing
| IT'D Witness my hand and seal'-would
be legal; but SO much importance ia at
taohed to the solemnity of forms in real
shown and here discussed is the one used,
and authorized by our practice. and is
not materially varied.'
Mr.. Hale then discussed the several
essentials of the deed, as briefly set forth
above. In speaking of the necessity of
a seal, he quoted from some ancient au-
thorities, and some curious examples in
the manner of sealing in old times, and
showed how that manner had been
brought down to the present, and that
the gist of it was contained in our
statute. with reference to what the seal
must be, and in the decision of our Court
in the Goth Maine, Mclaughlin vs.. Ran
dali, that land may not be conveyed with
out a seal and that such seal cannot be a
mere scroll. He further discussed the
condition Of dover with reference to
deeds, citing Chap. 1877 of the Laws of
1895, which takes away dover, but gives
f-l