The Caldwell tribune. [volume] (Caldwell, Idaho Territory [Idaho]) 1883-1928, 1919-01-17
A CLOUD UPON THE TITLE.

Surrounded by all the safeguards
that human ingenuity, as represented
by the legal fraternity, can devise,
clouds upon the title of real estate
form with surprising ease and fire.
quency.
John Jones who was born single
and died a bachelor, lin 1884 became
the owner of lot 6, block u, of the
original townsite. He held possession
of the lot until 1886 when he sold it
to John Smith. John Smith held the
property until 1919. every year paying
the state, county, school, city and Pho
neer Irrigation District taxes.
In 1919 he had an opportunity to
sell his lot for $4,000 to Robert
Roberts. He makes out his deed, pur-
chases his abstract and is all ready 10
take the money when Mr.. Roberts
lawyer discovers that in the deed
from John Jones to John Smith, Mr..
Jones is described as all unmarried
man wherein he should have been de-
scribed as bachelor, or vice versa.
He informs Mr.. Roberts that title
should be quoted as there is cloud
upon the title, for, says the lawyer, if
John Jones was unmarried" at the
time of executing the deed, he must
have been married prior to that time.
If married prior to 1886 there might
be unknown heirs skirting the out
skirts of civilization and we must
bring suit against the nebulous, un-
known and never begotten heirs of
John Jones, at cost of $8o.4O.
Or. it may be that John Jones mid
die names was Percy and while in the
flower of youth acknowledged his
name as John Percy Jones, as is often
the case Immediately after graduation
from the academy, but as time grew
on and the glamor grew off Mr..
Jones contented himself with a simple
John P. Jones for a signature. In
transferring to John Smith he followed
his latter day custom and executed the
deed as John P. Jones. That signature
IS an elegant case for the lawyers. 1t
IS one of the best to be found any
where. A lawyer who could not fix
case to quiet title on that signature,
Or at least spoil the trade between
Smith and Roberts should have his [;
incense to practice taken from him
Immediately.
Now the remarkable thing about the
whole thing is that good, sensible Z
awyers cannot pass title because s
ome other lawyer may object and
hus bring discredit upon themselves. II
Zach lawyer, no matter how sensible
he may be, must protect his own r
tanding at the bar and before the 4
public. The transfer of title to real
state is nightmare to most people. Y
There is endless waste of time, money 8
nd patience and all because property |,
nat cannot by any hook or crook get a
way is surrounded by so-called safe s
yards as vicious as they are innum- i
rable. l.
1t has been cited as an instance of Il
ne foolishness of real estate trans v
ers that the Standard Oil Co., one of L
ne richest corporations in the world, -.
ould dispose of all its personal prop t
rty, oil wells, pipe lines, franchises, a
locks and bonds easier and at less S
'ouble and expense than the average II
ian can rid himself of a ten dollar c
ty lot. And the citation is apt be- s
luse it is true. v
If the legislature of Idaho would
We about 10 days time to the real S
'tate transfer laws and real estate Il
,nerally, it would do more real good v
II Idaho than the 100 laws that are iir
iely to be passed will accomplish in m
u years. There is a system ready a,
AIDE and needing only adaptation that o,
i'll do the business. n
We suspect that no legislator will h;
Ike the trouble to look into the mat III
r, and that's an end of that. ca