Browning chief. [volume] (Browning, Mont.) 1941-1953, 1943-04-16
Tract Index

contain the legal description OF every
tract of land in the county and to which
is charged or posted every instrument
of record in the county in any manner
affecting the title to the tract regardless
OF who gave the instrument. who is
named in it or whether they had any
interest in the property.
The index provided by the Montana
law to be kept by the county clerk and
recorder is grantor-grantee Cor name)
system of index, wherein each instru-
mcnt is entered alphabetically.
Here's what the Montana Supreme
Court says about the two methods of
inGcxing: This court has heretofore
had occasion to comment upon and
compare the two methods of running
down the title to tract of land, ie.,
from the indexes in the clerks office
and from tract index, and has said:
IT appears that the latter is the only
safe, reliable and feasible method"
distinguishing example of the two
methods of indexing is the case of Mary
Smith, in whose name the record title
to tract of land stands. Mary marries
Tim Jones and as Mary Jones executes
mortgage on the property which is
filed for record and indexed alphabet
ically under the name of Mary Jones.
In. searching for mortgages against this
property lit standing of record in the
name of Smith) the county clerk would
have no reason to search under Jones
and in all probability would not dis
cover the Jones mortgage.
Under the tract index system, this
mortgage would be charged or posted
against the property, regardless of who
owns it.
Many other such examples could be
cited.
For your protection. be sure your
abstracter has complete tract index
which is kept up to date.
Q. Should l insist upon complete
abstract from the United States to date?
A. An abstract. of title should always
be complete, showing the title from the
United States down to date. With such
an abstract, a competent lawyer will be
as shown by the records Never accept
a partial abstract, because it is not COM
plete and does not show the true condi-
ton of the title.
@. Will an abstract show good title?
A. A complete abstract of title COM
piled and made up as above will only
show such title as the records show and
should disclose any defects in such
record title such as missing deeds, I'M
recorded patents, failure to have the
estate of former owner probated, and
such matters. The examination made by
lawyer will disclose not only the
above stated defects but any defects in
foreclosure proceedings, probate pro-
ceedings, tax proceedings, defective in
struments, etc. In other words, an abb
stract may be good abstract and not
show any title in the owner of the real
estate. There is only one way to know
what your title is and that is to have a
complete abstract down to date and have
it examined by competent lawyer.
@. Who pays for the abstract?
A. Usually the seller. 1t is a matter
of agreement and should always be
agreed upon and such agreement should
be stated in any contract of sale.
.. Do l have to take whatever alb
stract the seller gives me?
A. No. The furnishing of the abstract
is matter of agreement between the
parties. You should insist upon being
furnished a complete abstract of the
kind mentioned herein. If you have any
preference as to what company should
prepare the abstract providing, of
course, there is more than one abstract
company in your county,, you should
also insist upon having an abstract pre-
pared by that company. The furnishing
of the abstract is as much a part of the
consideration of the deal you are maxi
ing as is the price which you are to pay,
and the agreement concerning the same
(that it should be complete abstract,
showing merchantable title, free from
encumbrances, and prepared by the
company of your choice) should be en-
bodied in your agreement.
@. Can l order and pay for the alb
stract?
A. Yes.
@. Where do get an abstract?
A. The abstracters law of Montana
Chapter 319 R. c. M. 1855 was passed
primarily to protect the users of alb
stracts of title to property in Montana.
Under this law a certificate of regis
tration is issued to one who can pass
the necessary examination and is quail
fled. This certificate may be renewed
yearly. The law further provides for
the issuance of certificate of authority
to a qualified abstracter or abstract
company who owns an abstract plant
which includes tract index and who
must furnish a bond in the sum of
S5,00000 to protect the user of their
abstracts from loss on account of the
failure of the abstract to correctly re-
fleet the record title. If you desire to
avail yourself of the protection which
this law was intended to give you, you
should make careful inquiry as to
whether or not the abstracter is using
complete tract index or other system
showing in sufficiently comprehensive
manner all instruments affecting the
title to land in the preparation of his
abstracts. At the time of the passage of
the act Q93D all abstracters then in
business who could comply with the
requirements of the law except as to
the tract index were granted a certifi-
cate of authority. Some of these alb
stracters have not as yet for use in their
business complete tract index.
@. If an error is made or something
is omitted from my abstract and suffer
damage, am l protected?
A. Yes. An abstracter is compelled by
the Montana Abstracters Law to furnish
a bond to protect you against such
contingency.
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