Evening times-Republican. [volume] (Marshalltown, Iowa) 1890-1923, 1905-05-29
EXAMINE YOUR 1lrLEs cLosELv.

4 The question raised in Mars hal
county as to the validity of title te
a piece Of land, on which the pre- sent
occupants had lived for forty years
| thinking that they were secure in their
possession by reason of their purchase
from the county as swamp land, calls
attention to the great necessity for a
more careful examination of every title
when one purchases real estate. In
this case, by sending lawyer to
Washington City. and securing a
special decree from the land depart
ment, these farmers saved their prop
erty but they might nave lost 1t.
The average person is exceedingly
careless about his title to land. think
| ing that an abstract of title from an
abstracter's office gives him a Gear
| title. AS a matter of fact an abstract
| in this state is nothing more than an
| index to all the records of instrument
that might affect the title. 1t might
show on the face of it the lack of some
necessary link in the chain of transfers
and should always be submitted to
the title may appear to be correct ana
if the owner is easily satisfied the
Sawyer can say that the title is good
."as shown by the abstract" but Il
business man is buying the property
he will insist upon the lawyer eXarninT
ing the records to make sure that the
abstract has not omitted some mort
gage or tax default record or that the
power of attorney was given to the
proper person, that the wife released
OR that the names and initials appear
spelled alike in necessary places.
Inquiry among lawyers develops the
fact that business men are reasona oily
cautious about their titles but that
many farmers and people who deal
very seldom in land are inclined to
trust to the judgment of some local
zen for an examination of title, thirk-
ing that the abstract itself guaranteed
clear title.
In this state abstracters guarantee
nothing for as ruiz. they are not
financially responsible for any large
sum- They are accustomed in many
places to so change the form of their
certificate as to escape liability even
under the common law and in rare in
stances abstracters have been known
to be dishonest. One lawyer in Mar
shalltown cites an instance of a Ken
lucky title presented to him. for ex-
animation in which the abstract show
ed a perfectly clear title, but Ken
lucky has no law compelling abstrac-
tiers to be bonded for guarantee as to-
the correctness of their copy or abb
stract of the records and he advised
Investigation to be made on the
ground, when it was disclosed that the
land was in full possession of other
parties and that it had been trans
ferred 156 times to suckers on the
strength Of the bogus abstract that
looked so nice.
In Iowa a law is greatly needed re-
curing abstracters to be bonded
Then when they certify that they had
given a correct copy of the record the
injured party could recover in case Of
error. Such a law would compel great
er accuracy and greatly simplify titles.
Many of the newer western states have
the law and Iowa needs one greatly.
In Marion county one abstracter has
bonded himself voluntarily and adve,.-
tises the fact to help his business.
Outside Of the Legislature, Iowa law
yers practically all agree that such a
law is needed, but SO many lawyers
IN small places make good fees, writ
ing up abstracts that could safely he
obtained from a regular abstract Of
flee. were the bonded liability in force
that a bill of this kind has been de-
feated.
In every lawyers practice the COM
monest errors in titles is the omission
of release Of wife's dover interest,
the abstract failing to show whether
an original owner was single or mar
ried. This alone can cloud a title for
fifty years or more for, In case the
wife outlives the husband, she has !.
claim to one-tlird the property for
ten years after his death and he might
have lived forty or fifty years after
he decided the property. Such an in"
stance occurred in the title to eighty
settled residence district of Marshall
town. In an early day a sharpe
Jumped" the claim of a. sauatter, that lis
he found that the settler did not have Ct
clear title and he slipped into the land
office at Davenport and filed home
stead entry upon the land but for fear
the squatter would adjudicate the 4
matter with shot gun the sharpe,
filed in the name Of a friend. The,
friend was Il married man but the
claim jumper did not know 1t and when
the land was decided the wife's dover