The Birmingham age-herald. [volume] (Birmingham, Ala.) 1902-1950, 1905-06-25

since the days when one of. IL not the
Hise recorded real estate transfers took
plaoe IN the Land Of Heth, when the gem
Tsous minded Hittite (Ephram) sold and
grandfather bought q field and
cave with beautiful groves surrounding II
Tor burial ground, down to the present
Tune the people of all lands and ages
nave nad their woes over land titles, land
afsalhs and the safe establishment of
their Investments.
Ihough the ancient Ephram offered to
give Father Abraham the coveted burial
ground without charge the old gentleman
was lar TOO thorough and business like
Jew ana knew real estate affairs well
enough TO agree upon a valid considera-
ton, and weighed out to Mr.. Enhram
the silver which he had named in the
audience OF the sons of Heth, 400 sheckes
Of silver current money with the mer-
chant
The boundaries of the purchase was
clearly defined, much better than many of
our modern transfers in east Kentucky
and even nearer home, and 1t is recorded
that all the borders round about were
made sure unto Abraham for a Sosses-
sion in the presence of the children of
Heth, before all that vent In to the gate
of the city"
The modern system of abstractlng, ex-
animation by learned attorneys, the null
titude of quit claims to correct past de-
fects in the record of the title, did not
trouble the minds of these good people,
but they gathered together an entire ma
ton, and part of several other nations
as witnesses to make sure" that the
deal was go, that they would MT have to
call any lawyers or for quit claims and
a myriad of other pestillential attache-
ments to the modern system of trans
fers. All which the generous buyer and
seller of today bequeaths as a duty In
herted by custom and usages to the
scape goat of all the deviment that ever
happened, as the logical duty of the meek
and lowy ~ Real estate agents of today.
The whole business was acknowledged
And the field and the cave that is there
in were made sure unto Abraham for
of burying place by the sons
of Heth."
1t would seem that no SKY scraper''
or corner lots were permissible and that
the right of possession depended upon
the specific uses for which the property
was alleged to have been bought. Abra-
ham wisely did not call for an abstract,
even If Ephram and the children of Heth
could have produced one, and doubtless
those 400 sheclkels with all that impos-
ing transfer ceremony rested upon no
better title than a squatter's claim and
NNVii ShCi Il iiAtt NtldA klNtn Will lltIlId-
lions of usage for a burial ground only.
No doubt one of BirminShams early
citizens, and the late Mr.. Ephram have
long since compared notes In a warmer
climate for all the troubles and all the
uncertainties which their transfers have
caused their defendants and assigns, the
agents and the lawyers, as we'll as the
Innocent purchasers of certain lots in the
new depot zone. where some one with
bid In the original deeds of transfer In
tie section referred to, by grantors or
assigns that servants houses, stores,
etc, should ever be erected on said
premises including at least an entire
block right In the path of the new devel-
opment and contrary to a sound public
policy; evidently intending that the said
delectable location should be inhabited
by only the very elect, whom they would
consign, however, to the necessity of liv-
Ing without servants, etc, might, could
would or should do their own cooking,
washing, and scrubbing, situation en-
tirely incompatible, with common sense
II people are able to have and live in
the best locations and yet are prohibited
by terms of prior transfers from their
full enjoyment.
The whole false fabric should be carried
to the supreme court for a final ruling
10 set at rest once ana Tor all time the
erroneous principle involved In transfers
If that kind. So that whenever a modern
Mr.. Ephram or What-U-Call it, crank
Or what not, begins to plaster up deeds
Of transfer with a lot of himsy condi-
ions that will unsettle the title and IL
exceptions therein are held binding I'M
der proper construction of present laws
On transferees, then the law should be
so amended as to make such clause so
clearly a nullity that sane people will
either not offer their property for sale If
hey can not do so without lot Of
strings tied TO 1t. Then for all who try to
Join them In any way, the state should
open public subscription for the enlarge
7 ent of one of Tuscaloosas kind of In
for the weak minded and in
list on their being treated properly and
for the disease they are af-
1icted with.
Our system of transfers are faulty, COM
)licated and expensive enough on the peo-
pie for the transfer of real estate. and
some of our brainy lawyers and lawmak-
>rs should make a study of the needs Of
The people for a simrler and more mex
Densive and safe method of transfer OF
realty. So that intermidabe delays, ex-
pensive and continuous. endless record
and all its voluminous unwiedy
attachments, may be minimized, simpli-
r F. FR0DN