The Sunday telegram. [volume] (Clarksburg, W. Va.) 1914-1927, 1914-11-29

be in the possession only OF a man
who could render military service.
So 1t was provided that land could
not be conveyed without the consent
Of the superior, since the person to
whom 1t was proposed to transfer me
land might not be capable OF mill
tary service while the descent OF the
grant on the death OF the original
grantee was prescribed to the eldest
son as the person most likely to be
capable of taking the field.
Such a system would, OF course,
be modified as soon as the war ceas-
ed to be the exclusive occupation OF
the influential classes so that the
complicated rules relating to grant
ing and holding lands became still
further complicated by the grant OF
exceptions and measures for relief
and at time when the law OF Eng
land was in many respects barbar-
ously simple and in others simply
barbarous, the land laws had been re-
fined and complicated to the point
OF artificiaLty which has made con-
veyancing under their forms syno-
nym for all that is dry and dusty.
The main purpose of the old laws
OF England was to secure to the
crown and those 10 whom the crown
had made grants, an assurance OF
the military revenues intended to. be
derived FRONT he land and later
compensation for the extinction Of
these revenues. The purpose of the
laws of the United States has been
two fold; to assure to the person
who has occupied and improved
piece of land that he shall enjoy the
same quietly and without disturbance
and to protect purchasers OF land and
creditors against fraud.
This has been brought about by
ENGRAVING a system OF registration
on the old laws so that every person
shall have notice Of the true owner
of piece Of real estate as warn
ing, first, against encroachment, sec
ond, against paying purchase money
to alleged owners not appearing as
such on the register.
The feudal owner surrendered the
possession of a portion OF his land
to another by going on that portion
of the land with the intending pur-
chaser and delivering a twig or
piece OF turf to the new owner with
as much publicity as possible, thus
signifying his intent OF parting with
the possession. This was called the
transfer OF the Selling of the fee and
was attended with so many risks OF
mistake and misunderstanding both
by the parties and by strangers that
| its place was taken by the delivery
of a writing prescribing the land.
The influence OF the old method still
obtains, however, in the fact that de-
livery OF this writing is essential,
since nothing passes except by dehv-
cry, although this writing may be
completed and sealed. While this act
of delivery If binding between the
parties, it has no force as to others.
In most instances, unless record OF
the transaction is made in q public
office and it is this recording or reg
istraticn which constitutes the as
surance Of the quiet possession Of the
| owner in law. whatever may be his
actual occupancy and in 1t also lies
the assurance to subsequent purchas-
! ers against fraud and false, claims Of
title. ~ -1ss ~
| In theory, all Of the land in the
UNITED States Is. Held, OF a sovereign
power. 1t has been held by the; 'Su-1
preme Court OF the United States,
speaking through Chief Justice Mar
shall that the Indian tribes for
feited the title to their lands as be-
ing conquered nations and that the
title was vested in European sover-
eigns as the military heads OF their
respective nations.
This sovereignty was ultimately as
sumed by the states of the union and
became. the United States but it was
originally exercised by the King of
Great Britain, by the King Of France.
by the Spanish Crown and by the
government OF the Netherlands, and
these with the United States consti-i
tute the sources to which all the
titles in the United States must ul-
timately be traced.
aknllMTAiNrrnn TIM