Abstracts of Title. Time of Commencing.-When an abstract is to be prepared, a preliminary question is, at what date the search shall commence. Upon theory, the chain of conveyances should be traced back to some date anterior to the time from which adverse possession is, by force of the Statute of Limitations, equivalent to a perfect title. But in applying this rule, a large allowance is evidently necessary for the exceptions which the statute makes in favor of infants, lunatics, married women, and other persons under a disability to sue. In England, where the limits of the statute are fixed at forty years, the practice requires that titles should be traced back for sixty years; and this rule may be considered as desirable in the older States of our Union, except so far as variations in the time prescribed for adverse possession to quiet the title, may modify it. In the Western States generally, and wherever lands have been settled under grants from the Federal Government, an abstract is sufficient which traces the title back to the patent granted by the United States. But it is very frequently the case that a client is satisfied to take the title of some owner for granted, knowing that it has been pronounced good in the courts, or bears an unquestioned reputation, and instructs the conveyancer to commence his search at the conveyance by that owner. Where this is intended, the abstract should state in the caption the instruction given, in order that the conveyancer may appear to take no responsibility for the anterior period. Facts not Matter of Record.-There are many facts affecting title to lands which are not necessarily evidenced by any documents or records subject to the conveyancer's inspection. Hence an abstract may be full-that is, may state every important portion of all instruments involved, and may exhibit a good title-and yet there may exist facts which create a defect. Marriage may have created an undisclosed right of dower; alienage a liability to escheat; or death have caused the land to descend; yet nothing appear upon the record to indicate the fact. So it may be that the seller is kept out of possession by an adverse claimant; in which case, in several of the States, he is disabled by statute from conveying.(b) And there are other similar cases. No absolute duty rests upon the conveyancer to elicit facts of this description. He should make such inquiry as the record suggests and the circumstances admit. When inquiry is made as to some fact of this description, it is usual and convenient to annex to the abstract the affidavit of the informant upon the matter in question. and inexpensive work, but is quite comprehensive enough for the subject. It relates more particularly to the conveyancing law of Pennsylvania, Ohio, Kentucky, Indiana, Illinois, Iowa, and Kansas, but much of its contents is of general application, and it is well adapted to be of service to conveyancers throughout the Union. The American law of conveyancing. It has aided us much in the preparation expressly requiring the seller to furnish of the chapter in the text. The volume is announced by Messrs. Clarke & Co., as the pioneer of a series of hand-books of practical law, which they have in preparation. In places where land values are relatively important, or where titles have become complicated, they are used; but we believe their use is regulated rather by convenience and courtesy of parties than by any distinct recognition of the English rules above stated as a part of the one, he is not bound to do so; but the contract is satisfied on his part by the tender of a competent deed, on the contract day, if the title of the seller is actually perfect. To relieve from payment of the price, the buyer should show some defect in the title, and not merely that the claim of conveyances was not made known to him. (b) See, in New York, 2 Rev. Stat., 691, 86; in Kentucky, 1 Stant., 278, 226; in Indiana, 1 Gav. & II., 261. Abstracts of Title. Order and Arrangement.-The object of the counsel in preparing an abstract is to present a statement of every fact, and an epitome of every deed, will, or other document or record, upon which the validity of the title depends; which, while free from all unnecessary details, shall answer all reasonable inquiries, and shall be sufficiently methodical and lucid in its order and arrangement, to enable a qualified person to form his opinion upon the chain of title as he proceeds from point to point in reading. It is obviously impossible to give forms which can be followed as guides, so much depends on the circumstances of the individual case; but the outline of an abstract presented below illustrates the method employed. At the outset occurs a caption, which states the name of the person whose title is presented, and describes the property which is the subject of examina tion. It is convenient to accompany this description with a map or diagram of the lot, and of any surrounding landmarks referred to throughout the paper. Then follow the various deeds, wills, etc., through which the title is deduced; and these, if the chain is sufficiently simple, are best arranged in chronologic order. Where, however, one portion of the property is derived from one source, and another portion from another, it is convenient to trace the title to one portion down to a point where both are found to belong to one owner, then to go back and trace the title of the residue down to the same point, and then, from that time, to trace the title of the whole, down to the date of inquiry. The various documents abstracted should be numbered in their order, to assist reference. At the end of the list of transfers, is placed such certificate as the counsel thinks it expedient to give, as to the completeness of the title. And to the whole are appended such official searches, and other paper proofs that the land is free from other encumbrances and liens, as the nature of the case requires. No. 3. General Form of Abstract of Title. Abstract of the Title of X. Y. Z. To premises fronting upon street, in the city of New York, and described as follows: Beginning at a point on the southerly side of Fiftyfirst street, distant one hundred and fifty feet east of the easterly side of the Third Avenue; running thence easterly along Fifty-first street fifty feet; thence southerly and parallel with said avenue, one hundred feet and five inches to the centre line of the block; thence westerly and parallel with Fifty-first street, fifty feet; thence northerly and parallel with Third Avenue, one hundred feet five inches to the place of beginning. This parcel of land comprises two city lots, both of which were many years ago embraced in what is known as the Old Elm Farm, which was conveyed, some time prior to 1836, to Messrs. A. B and C. D. I am instructed to assume their title as good at the date of the conveyance first mentioned below. The title to the two lots continues united until 1844, when they were separately conveyed, as appears by the deeds marked VII. and XI. respectively. Abstracts of Title. By the deeds marked X. and XIII. they were subsequently both vested in Q. R., from whom the title of Mr. X. Y. Z. is deduced. I. A. B., and C. D., and E. D. his wife, corded, 9th July, 1836, in Liber Deed dated 30th June, 1836. Re356 of Convs., p. 529. Consid., $7,600. to E. F. Conveys all that piece or parcel of land, known as the Elm Farm, situated upon both sides of the Third Avenue, in the city of New York, and bounded on the east by the road called the Old Boston Post-road; on the south, by lands formerly owned by H. K., deceased; on the west, by lands belonging to the corporation of the city of New York, usually called the Common; and on the north, in part by land owned by S. B., and in part by land owned by B. B., containing acres, more or less. Warranty against grantors and persons claiming under them. It appears, by an affidavit of K. D., in the possession of J. L. M., attorneyat-law, a copy of which is annexed to this abstract, that A. B. was never married. II. E. F. G. H. and K. L. Agreement for sale of premises, dated 5th June, 1839. Recorded in Liber 371 of Convs., p. 153. Consid., $17,000. Agrees to convey same premises, employing same description. E. F. died 3d August, 1840, leaving nine children-viz., Mary Jane, wife of I. J., Eliza Ann, John, Henrietta, Caroline Matilda, Emily, William, Thomas, and Charlotte Amelia. I. J. was, on 7th March, 1841, appointed guardian of eight infant or minor children of E. F. On the 23d March, 1841, the Court of Chancery ordered the said minors, by their guardian, to convey the said premises to G. H. and K. L., pursuant to agreement. Eliza Ann, John, Henrietta, Caroline Matilda, Emily, William, Thomas, and Charlotte Amelia F., by I. J., their guardian, to G. H. and K. L. III. Deed dated 14th July, 1841. Recorded, 29th July, 1841, in Liber 420 of Convs., p. 221. Abstract of Deed. Of Will. Recites agreement of June 5, 1829 (No. II., above), death of E. F., appointment of I. J. as guardian, and order of Court of Chancery above mentioned, and in consideration of premises conveys eight undivided ninths of Elm Farm, by same description as in No. I. .Conveys one undivided ninth of Elm Farm, by same description as in No. I.; and with same recitals. No covenants. Messrs G. H. & K. L. caused to be prepared and filed in the Register's office a map of this tract, according to a survey by Daniel Ewen, city surveyor. It is in a tin case, and numbered 126. The premises in question are designated upon this map as lots 22 and 23. Will K. L. V. Dated February 25, 1842. Proved October 20, 1842. Recorded in Liber 90 of Wills, p. 307. Devises all the real property of the testator, mentioning, among other lands, one undivided half interest in the lands known as the Old Elm Farm, and more lately surveyed and laid out in lots by Daniel Ewen, city surveyor, unto A. L. and B. K., his executors. in trust to sell the same, and with the proceeds to defray certain debts and legacies. It appears, by recitals in a codicil to this will, that Annette, wife of K. L., died a year or two previous to himself. G. H., and Mary his wife, and A. L. and B. K., executors of K. L., to M. N. VI. Deed dated April 18, 1843. Recorded, April 27, 1843, in Liber 447 of Convs., p. 265. Consid., $2,000. Conveys four lots, distinguished on a map made by Daniel Ewen, city surveyor, of four hundred lots, formerly composing Elm Farm, and owned by G. H. and K. L., as numbers 20, 21, 22, and 23, bounded as follows: Abstract of Deed. Of Mortgage. Commencing at a point on the southerly side of Fifty-first street, distant one hundred feet east of the easterly side of the Third Avenue; running thence southerly along the rears of lots numbered 19, 18, 17, 16, and 15, on said map, one hundred feet five inches to the centre line of the block; thence easterly and parallel with fifty-first street, one hundred feet; thence northerly and parallel with Third Avenue, one hundred feet and five inches to the southerly side of Fifty-first street; thence westerly along the southerly side of Fifty-first street, one hundred feet to the place of beginning. Covenants against grantors' acts. Wife separately examined. From this point, the titles to the two lots composing the premises in question were for a time held separately. I proceed first with the title to the westerly lot, number 22. VII. M. N., and E. J. N. his wife, to O. P. Deed dated June 9, 1844. Recorded June 10, 1844, in Liber 459 of Convs., p. 26. Consid., $900. ward of Conveys all that lot, piece, or parcel of land in the the city of New York, distinguished on a map made by Daniel Ewen, city surveyor, of four hundred lots of land in the city of New York, owned by G. H. and K. L., as number 22, and bounded as follows: On the north by the southerly side of Fifty-first street; on the west, by the rears of lots numbered 19, 18, 17, 16, and 15, on the said map; on the south, by the centre line of the block; and on the east, by lot numbered 23 on the map; containing in breadth in front and rear twenty-five feet, and in length on last side one hundred feet five inches, be the same more or less. Full covenants. Wife separately examined. VIII. O. P. M. N. Mortgage dated June 9, 1844. Recorded June 10, 1844, in Liber 80 of Mortg's, p. 209. To secure $500 of the purchase-money in the last-mentioned deed. Mortgages the lot conveyed by the last-mentioned deed, employing same description. |