Omaha daily bee., 1906-04-08

AeituFe OF the eetato Tor nteach OF TINS con-
dition could now be enforced II the true
parties entitled by descent and by residuary
devises under the original 'Engie" or En-
giles" could only be found. II occurred to
Mr. ingalls,, however, that this name En-
giles" bore a certain similarity in sound to
his own. and as he had heard that during
the early years after the settlement OF this
country great changes in the spelling Of
names had been brought about. he insti-
tuted an inquiry into his own genealogy,
the result OF which was in brief, that he
found he could prove himself TO be the
Identical person entitled, as heir OF Madid
Engie to enforce, for breach OF the con-
dition in the old deed OF 1850. the forfeiture
Of the estate now in the possession OF
John Smith.
smith Loses Heart and Property.
When Mr.. Smith heard of these facts he
felt that a retributive Nemises was pursu-
ing him. He lostNthe usual pluck and bull
dog determination with which he had been
accustomed to night at the law all claims
against him, whether just or unjust. He
consulted the spirits, and they raped out
the answer that he must make the best
settlement he could with Mr. ingalls, or he
would infallibly lose all his fine estate--not
only that part which Mr.. Ingalls, had orig
inally held and which he had obtained for
almost nothing from the heirs Of Benjamin
Parsons-but also the adjoining parcel for
which he had paid its full value. together
with the elegant building which he had
erected at cost exceeding the whole value
OF the land. Mr. Smith believed in the
spirits they had made a lucky guess once
in answering an inquiry from him; he was
getting old he had worked like steam
engine during a long and busy life but now
his health and his digestion were giving
out. and when the news of Mr.. ingalls,
claim reached his ears ne became in a
word demoralized He instructed his law
yer TO make the best settlement of the
matter that he could and a settlement was
soon effected by which the whole OF Mr..
Smiths parcel of land in the burnt dis
trict was conveyed to Mr.. ingalls,, who
gave back 70 Mr.. Smith a mortgage for the
whole amount which the latter had ex-
pended in the erection of his building, to-
gether with what he had paid for the
parcel added by him to the original lot.
Mr.. Smith, not liking to have anything to
remind him Of his one unfortunate specula-
ton, soon sold and assigned this mortgage
to the Massachusetts, Hospital Life Insur-
ance company, and the well known
counsel of that institution has now exam
ined and passed the title, we may presume
that there are in Il no more flaws remain
ing to be discovered
ingalls, New View of Law,
In conclusion we may say that Mr..
William Ingalls,, after having been for
some ten years reviler of the law, espe-
cially of that portion ofNit which relates
to the title to real estate, is now inclined
to look more complacently upon it, being
again in undisturbed and undsputed pos
session of his old estate, now worth much
more than before. and in the receipt there
from of an ample income which will enable
him to pass the remainder OF his days in
comfort, II not in luxury. But though Mr..
Ingalls, is content with the final result Of
the history Of his title, those lawyers who
are known as "conveyancers'' are by no
means happy when they contemplate that
history, for It has tended to impress upon
them how full Of pitfalls is the ground
upon which they are accustomed to tread,
and how extensive is the knowledge and
how great the care required of all who
travel over It, and they now look more dis
gusted than ever, when, as so often hap
pens. they are requested to "just step
over TO the registry and Took down" a
title, and are informed that the title is a
very simple one and will only take few
minutes, and that So-and-so, "a very care
full man." did It in less than half an hour
last year, and found It all right, and that
his charge was IS.
Moral.
1t would be presumptious on our part to
suggest the moral of this tale even to the
simplest mind. II is far better to merely
impress it upon you. In Omaha today
many titles to real estate are changing
hands and the abstract and its examination
are not given the attention It deserves by
the buyer and seller. With them It is a
question Of economy and they even fire.
quently feel that It is an expensive and al
most unnecessary detail OF the transaction.
The parcel Of real estate in Mr.. Crocker's
story increased in value during the story
from $4,000 TO over $4,000. with such
possibilities is II not worth while to exer-
else the greatest care in selecting the alb
stracter who is to make the abstract of
title and to zee that It is examined care
fully7 The time is fast approaching when
owners of real estate will rely not only
upon careful examination OF the titles,
but will have their titles insured as is the