The farmer and mechanic. [volume] (Raleigh, N.C.) 18??-19??, 1911-07-04

promise and neither party knows 10
this day where his true line i Ia
dehn.t" descriptions are such
As CALI for the path through the
cotton patch. a sycamore tree now
gone: where a ~5lite atk formerly
stood to the corner - the tobacco
ground ana Such Tx Then there
are calls for stakes having an vaiur-
ing quality % rerhapS a year aud rn-
CiI~rocating deeds, each III t3rn CALI
ing for the others line Again there
: the Dlmo difficulty arising from
sales of portions OF large tracts with
out reference or boundary to Identity
the same a. part 81 the larger tract.
also the formation Of large tracts by
purchases OF small bodies and Subse-
! quent sales from sueh larger body
without reference t. tho lines OF The
smaller purchases. These are not
fanciful or exceptional! cases but mat
terS Of common everyday experience.
ANA really fail short Of the dith.ul6es
that daily perpleN and battle the care
full C-OnVeYancer.
Instances might be multiplied OF in
~conYeniences and emharrasSmtnts that
ineXorably attach u our present sys-
tenn, bat il Viii - sufficient ana more
interesting - give YOU a brief state
nrent Of a prominent business mans
view Of the situation. Just a year ago
Mr.. Henry +. Litchford. cashier Of
the Citizens National Bank of Raleigh.
delivered an address before the State
Bankers Association. in which no
said.
"Disquieting uncertainty attends
every real-estate transaction. even
though the most careful and response
bic attorney may spend many days in
laboriouS effort to ascertain the title
to be clear. TIL" laws in regard to
real estate are practically the same to-
day as they were more than A hum
dred years ago. while the commercial
laws are ever changing. keeping pace
with the great strides our country is
making in all lines Of activity That
these Laws governing rea! estate are
inadequate and confusing is Well
known to every one
"EyiiS of the Present Land Laws.
Only evidences Of title are record
ed. Hence all the evidence must be
examined every time, and the diff
Guilty. danger and labor Increases with
every transfer. This causes increas-
ing delays and cost, besides augmented
uncertainty.
"Much important evidence is not re-
corded, but is altogether in pals, par
t~icularly evidence concerning the true
heirs of decedents. This adds 10 un-
certainty and fills the past with ghosts
that not only haunt, but frequently
take actual possession of lands trans
ferred to their detriment.
There is no certainty of identity of
parties. The examiner relies wholly
upon seeming Identity shown by index
to deeds, but there may be many
John Smiths
"There is no proof of legal capacity
Of parties at time deed was delivered.
mo certainty about marriage or di-
vorce.
Rights of dover or curtesy may
spring up.
Glands may be subject to rights by
adverse possession or prescription OF
which there is absolutely no record.
"Rights may arise under wills i'm
peached or established years after ex
parte probate. and the statute gives
an additional reservation in favor Of
infants.
There is no certainty about bound-
aries under our present system.
The law Of title by eminent do
main may not appear by ordinary ex-
animation of the deed books.
Laws of title by reversal Of decree
of court may not be shown by the
deed books.
Conflicts of patents and intcrfock s
will not appear by ordinary
ton. The chain may be faultiess.
while the original link is worthless.
Indexes are imperfect and fatal
mistakes may be made by omissions or
other defects.
Court ftleS'-thOs passing through
suits-are not even certain.
Questions of proper parties and
procedure must be determined by each
examiner. and doubts may be raised
and clouds cast by each one. The
character of every mans property Is.
therefore. subject to destructive or
costly libel or SANDER by any ire
spOnsible examiner. One may buy on
the opinion of an expert and be pre-
vented from selling by the opinion Of
a novice. <&s111
The difficulties danger and cost Of
examining titles grow with increasing
records.
mo certainty can be attained with