Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, 1910-07-30
LEGAL DECISIONS
ON REALTY DEALS
Questions Which at ANY Time Are LA
BILE To Come Up In Buying
Or selling.

From time 10 time various legal de-
cislons Of special interest TO tbs real
estate business are rendered through
out the country. many of them deciding
| questions which at any time are liable
TO confront the active land broker.
Some OF the more recent decisions are
| the following:
Rent payable In advance on the FIRST
| or the month, Is not strictly payable
| until the last minute Of that day.-Ap-
pellate division, supreme court Of New
| York, IN Mcdonald vs. Ruggiero, i21
| n. Y. Az.
| Although the mind may be impaired
by disease incident 70 old age. II the
grantor In a deed be capable OF trans
acting ordinary business-if he UNDER
stands the nature Of the business in
which he Is engaged and the effect OF
what he Is doing and can exercise his
VIII with reference thereto-his acts
VIII be valid supreme court OF Illinois
In Kelly vs. Nusbaum, 81 y r. 70
Inc general rule Is that reference to
plat or map in a deed makes the plat
or map a part Of the tSed as much as
II IT were copied into the deed Hence
II person purchases a certain num-
bered lot according 10 the official map
Of the city aud his purchase Is 20 de-
scribed IN the deed. a further descrip-
ton OF the lot by metes and bounds
OF course and distance will be subor-
dinate to the description Of the lot by
it's number and will have 10 give way
In case Of conflict Moreover where
lots are conveyed with express. refer
ence to a recorded plat evidence to con-
troll or In any way affect the plat /
inedmissa ble.-Supreme court Of Wn,h n.
ington in Cook VS. Hensler, l07 r. lis.
A condition in a bond for title that
upon performance by the one party the
ftNh nor
oient title" means that the latter party
undertakes to convey good title by a
deed containing general warranty
Supreme court OF Georgia In Toomey
vs.. Read, 81 $. r. 100.
The mere making OF q hostile claim
against a person in possession OF real
property does not make the title OF
the possessor unmarketable for the
hostile claim may arise from basis
50 insubstantial as TO be unworthy of
serious considera tion-Appellate diyi-
sion supreme court OF New York In
Todardo vs.. Somervllle Realty Co. i2i
N Y 440
held that middle initial formed no
part Of a persons name and that any
i'm that respect would be
disregarded. But this rule has been
greatly modified by recent decisions and
now II Is the rule that whore the wrong
Hildule lIitldl IL uhed IN process the
object of which is TO acquire jurlsdic-
ton over the person whose name IS
Incorrectly given. the error. particular
IS In the case Of substituted service IL
fatal And where i'm deed the
grantor's name differs in this respect
from the naure in which the record title
appears IT will not be presumed that
The grantor is the owner Supreme
court Of Minnesota In Northern Com
nercial Co, VS.. Hartke. 1875 N w. sos
Whene relations Of confidence exist
the parties to an exchange OF
property, one OF whom has fun knowl-
edge Of the character and condition OF
he property and the other but slight
knowledge. and no means of obtaining
'ul knowledge. representations as to
value which under most circumstances
would amount only 20 expression Of
opinion. n made knowing them 10 be
false by the party making them and
with an Intent 10 deceive the other par
- In the transaction constitute such
fraudulent Misrepresentation as may
RECESSION Of the contract or
transaction. supreme court OF North
Dakota in LAland VS., Tweto. 125 N. W.
Os2.