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About The Conservative (Nebraska City, Neb.) 1898-1902 | View Entire Issue (Jan. 5, 1899)
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Conservative * ' 5
you whether the land has a mortgage
on it or not. Slight us it is , this is nn
improvement on the original system ,
and it is practically the only improvement
that has been made since the time of Ivan-
hoe , not to say King Cole. Even this
has not boon adopted in England ; a
man there has to keep the actual docu
ments by him , and whenever a sale or a
mortgage is proposed the buyer or the
money-loaner goes through the entire
lilo of deeds , mortgages , releases and
what not for the preceding forty years.
A speaker in the house of commons ,
touching on this matter , made the state
ment that "not only months , but years ,
frequently pass in a history of that kind ;
and I should say it is an uncommon
thing in this country for a purchase of
any magnitude to be completed in a
period under , at all events , twelve
We Americans are so smart , such
natural business men , that we have in
vented the county recorder to cure all
that. Still , the Chicago Real Estate
Board estimate that ten million dollars
is spent every year in Illinois for "ab
stracts and examinations by counsel. "
That is why the Chicago Real Estate
Board , the Citi/.ons' Association of Chicago
cage and the Building Association League
of Illinois joined in endorsing and recom
mending the Torreus system ; which ,
besides making a purchaser sure of his
land , effects a saving in time from
months to days , in cost from dollars to
Now wo will enumerate a few of the
things that the law supposes you to have
found out before
ASK YOUKS.CLF. .
land. A purchaser could require you to
answer them all , or you may be called
to speak as to them in court some day ,
if anybody should undertake to get your
land away from you.
Suppose the recorder's books show
nothing against your title ; are 3011 sure
that there is not some instrument re
corded which they have forgotten to in
dex ? This is not very likely , but it has
Are you sure that none of your gran
tors since the beginning was insane ,
idiotic or under age ?
Do you know whether i\uy of them
were bankrupt , and if so how the laws
of the time affected their capacity to
convey real estate ?
Do you know all aboxit the back taxes
on your land ?
"What do you know about the people
who have owned the land before you ;
are any of them living , and can you find
them if you want them ?
Probably the first link in your chain
of title is a patent from the government.
Do you know if yours is the only con
veyance over issued by the government
for the land ? If there was a previous
patent , was it a mistake , or how did it
liappen ; and what became of it ?
Suppose the patent was to John Smith ,
and that the next link is a deed by John
Smith to somebody else ; do you know
that the John Smith who deeded it. was
the same John Smith who preempted it ?
If his deed shows as having been
signed by his wife , do you know that
the one who signed it was his wife ; that
she was of lawful age ; that she was of
sound mind ; that she signed it volun
tarily and that the laws of the time
and place in regard to release of dower
were duly complied with ?
If it was not signed by his wife , do
you know whether ho was a married
man ; and if so , whether his wife is still
These questions of course apply to
every deed in the chain as well as to the
Do you know the terms of all the cov
enants made in all the warranty deeds
in the chain ?
If there are any quit-claim deeds , do
you know the circumstances under
which they were given ?
Every deed and other instrument is
required to be witnessed and acknowl
edged. Do you know that these things
wei'o done in accordance with the laws
in force at the time ?
Do you know if any of the instru
ments were oxecxited in any other state
than that in which the land lies ? And
in that case , do yoii know that the at
testing and acknowledging were correct
according to the laws of that state ?
And are you sure that the foreign law
yer drew up the papers in compliance
with the laws of your state at that time ?
If any owner died while in possession ,
by what means did the next grantor
acquire his rights ?
If there was a will , was it properly
executed and probated ? Did the rule
in Shelley's case apply ?
Who was Shelley ?
Did yon know he had a case ?
If yon had had such a case , would
you have said anything about it ?
If there was no will did the heirs di
vide the estate , or is there a deed for an
undivided interest in your chain ? If so ,
what do you know about the interests of
the other heirs ?
Do you know that all the grantors
were in continuous and undisturbed pos
session during the whole extent of their
Were all the instruments executed
personally by the principals , or are there
some by attorney ? In that case , have
you a copy of the power of attorney ? Do
you know that it was in accordance
with the laws of the time and place ?
Do you know that it was still in force
when it was used ? Was the principal
still living and solvent ?
If there is a judicial sale in your chain ,
or a sale by executor , administrator or
guardian , are you sure that every step
in the proceedings was regularly taken ?
And can you prove all these things ?
Sincerely hoping that you arc sound
in all these points , wo leave you to your
reflections ; merely remarking that the
Torrons system docs away with these
questions , once for all.
It was a very old
v uwiir , . . .
j\ tii'ii\\j ,
building that stood
until within the last year across the
street from the Argo Starch Factory's
boiler-house , and the foundation of
which is being used by that establish
ment in setting up a blacksmith shop. j
It was built in the early (50's. ( The |
frnmdntiou is of stone , which was prob
ably brought from Weeping Water , or
else from a quarry that was formerly
worked on Four Mile creek , about half a '
mile above where it crosses the Peru
road , near Nicholas Roll's. The build
ing was used as a liquor-saloon , and
was very advantageously located when
it was new , being only a short distance
from the levee , or steamboat landing.
There were houses on the starch works
grounds ; the Planters' house stood
where the B. & M. round-house yard is ,
somewhere about the turn-table and
water-tank ; Wood's saw-mill was run
ning on the spot where Hill's elevator
was afterwards built , being removed
later to the place long known as "tho
head of the island" ( island and ground
being long gone down the river ) and
coming back again for a time to the
bend of the creek , west of its first loca
The old saloon received an addition in
1869 , which had a foundation of home-
burnt brick. Many strange sights must
have been seen by the visitors who , no
doubt , used to sit on the little porch in
the cool of the day , and many a lively
time must have passed within its walls ,
after the fashion of the period. It was
in this saloon that Mac Waters and John
Crook shot Dole , an episode that gave
rise to a series of jail-escapes and adven
tures of which the old-timers still like to
tell. It became in later years a dwelling-
house , and ran down in the natural
course of things , but was inhabited
pretty constantly until it came into the
hands of its present owners , who demol
ished it as a fire-trap and an unclean
and unsightly thing.
To servo the state honorably and with i
usefulness is a righteous ambition. But ,
to servo it for gainful purposes , to one's |
own financial enrichment , is no more a
laudable desire than a wish to servo it as
a convict in the penitentiary.
If wo are a free , self-governing people
ple , we can blame nobody but ourselves
for our misfortunes. No one will come
to help us out of them. If we have bad
laws men whom we elected made them.
If wo wish them repealed and just laws
instituted in their stead wo must elect
better men to the legislature. *
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