The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939, 1906-09-17
Ry w. Z. Alb 81.

~ RoBABLY every one who has
- ever had anything to do with
the care of property has at
some time come across the expression
Tthis indenture,' which is found in
almost every document bearing upon
the possession Of real estate. OF the
millions to whom the word is familiar
hardly ! per cent know anything about
its origin OF history, nut IKE many ~
az business it is English in manufac-
tnra and goes back to the decadence
- Tn the old English days when land
holders had lust begun to transfer prop
erty. and transactions Of that sort were
few. the owner who proposed to dis
pose Of his land would give an instru-
ment in writing, setting forth in YER
bose style the details of the convey
ance Of his land tor q certain consid-
Grafton. This instrument, quaint in
form. would describe the conditions un-
der which the land was transferred,
the description of the land, guarantee
inc that he was in full and proper
possession of the land, had a good til
tie and free right to convey 1t, and
binding himself to protect the purchas-
er in case there should develop during
the ownership Of the second party any
nav ITacehple W tno ~ ~ parry oWh
ership.
This was the first form Of the present
warranty deed
After being signed and sealed by the
one conveying the instrument, It was
torn down thru the center in an irreg-
ular way Literally creating an linden
ture), one part was given the purchas-
er while the other was retained by the
old owner.
Possession was passed by the seller
to the buyer in an equally, simple man
erty and the ..passing'' became lit.
eral, by the seller actually "passing'
a portion of the earth to the buyer.
In order that the purchaser should
prove his title or his right to posses
sion, it required that these two sep
arate pieces Of the instrument be
brought together, and if the ftinden-
ture" fitted in perfectly and formed
complete and continuous instrument
it was absolute evidence that the hold
er had perfect right to ownership.
That method continued for years, or
until it became unsatisfactory because
Of the increasing difficulty Of produc-
ing the two halves, either thru loss, de.
struction by fire, or other manner of
disappearance on the part Of one part
of the document. From this difficulty
arose the custom of recording these
transfers of real estate, SO that the
facts of transference might be used in
evidence and examined whenever de.
sired.
It needs no argument to show the
immense advantage Of having a record
that would be open to examination by
any interested party. The preservation
of such records is the basis Of all land
credits and of all loans made on the
basis Of land credits. For man can
not borrow, money. on land unless he
property. Accuracy and protection OF
these records are, therefore. of funda
/ mental Importance to the owners. The
records must be placed where they can
not be tampeTfd, with, nor come tc
harm thru tn e;sv ttacks of the elements
While these rel5rds may not be abso
Lutte proof Of the true title to the prop
faciey evidence.
accurate records that has developed til
present public office Of register Of
deeds. Primarily, he is the custodian
Of all instruments filed in his office af
fecting real estate. He has nothing
whatever to do with personal property
H. receives YES for record all instrume nts
such as Deeds: mortgages, assignment
Of mortgages, and satisfactions, affect
ing, or having to do with the title. t.
real estate. These must be entered, in
dexed and properly transcribed upol
permanent records in the office, for tn
protect ton Of property, for any error il
this elaborate system of bookkeeping
might cause immense lass to the proper
| ty-holder. Accuracy is, therefore, tn
| first test Of the register Of deeds Office
g and next to- this comes unceasin,
watchfulness and care in their presei
walton.
Abstracting.
Nine out Of every ten who have stuff
are apt to ask, What is an abstract9
In brief, an abstract Of title is the rec
orded history of any piece Of req
estate. The practice Of abstractin
originated in this country. The earle
attempts to trace title were pursued b
lawyers who were called sstitle ira,
ers' and were generally in the sea
and yellow leaf stage, Of their career
The only source Of information thes
! Of investigation they could pursue, wa
! to examine the name indexes in tn
: registers office and trace from tn
, various conveyances affecting the It'll
, of that particular piece Of land il
partial history.
! This method was laborlous and Ii
to many errors Of oversight, which ca
readily be understood when we consid,
the thousands of names these tit
! scarchers;.' were obliged to examine E,
: the desired information and the impe
> feet manner in which these index,
: were kept In the earlier days, ofte
:. causing them to overlook important p
: pers affecting the title.
!. The professional abstraetor inaugu
. . ated the system of indexing all doe
2 ments affecting land thru the desert
ton of the land instead of by II
names Of the persons conveying. Und,
this modern system Of abstracting IL
name index has been superseded BY II
description of the land and the a.