FREE BOOKS

Author's List




PREV.   NEXT  
|<   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105  
106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>   >|  
to make another one. Should she make another deed, however, with a proper acknowledgment this would be legal. The officials who take acknowledgments possess different authority, some can take them only of land situated in their respective states; others have authority to take acknowledgments of deeds of land in every state. In all the states are commissioners of deeds, so called, who are authorized to act outside their own state. Some persons who have an important conveyancing business have qualified themselves to thus act as commissioners for many states, and perform a highly useful service. If a mistake has been made in a deed can it be corrected? The general rule is it can be amended in all cases of fraud, accident, or mistake. How can this be done? If the grantor is unwilling to do right, the purchaser can by a proper application to a court, or court of equity, ask for the correction of the deed or such other relief as justice requires. Suppose the grantor has declared in his deed that the land contains a hundred acres and a survey finds only fifty. This would be a palpable fraud and a court would, if requested, order the reconveyance of the land and return of the money. Suppose the deed covered no land at all belonging to the grantor, this would be a still greater fraud. Suppose the deed said one hundred acres more or less, and a survey found only fifty acres. The purchaser bought supposing that there was no such deficit, but perhaps a small one, what would a court do? Doubtless it would hold that the grantor tried to deceive the other party and would grant relief. The land sold must be bounded or described. As land is increasing everywhere in value more pains is taken in describing it, than formerly. Large tracts have been surveyed by the government and are indicated as sections, quarter sections, yet even these boundaries are sometimes imperfect, caused by incorrect surveys, whereby lands overlap, or otherwise have defective boundaries. One of the well-known rules is, monuments control corners and distances. This is founded on much experience, for this shows that courses differ from variations in the compass, changes in the surface, etc. Though monuments may be moved intentionally or by natural causes, they can be more trusted in the long run of things. The location of a monument is a question of fact. It is sometimes said that natural monuments possess higher value than artificial ones, this depends
PREV.   NEXT  
|<   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99   100   101   102   103   104   105  
106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   125   126   127   128   129   130   >>   >|  



Top keywords:
grantor
 
states
 
monuments
 
Suppose
 

natural

 

mistake

 

hundred

 

purchaser

 

boundaries

 

relief


sections

 

survey

 

commissioners

 

authority

 

proper

 

acknowledgments

 

possess

 
Should
 
quarter
 

imperfect


caused

 

higher

 
surveys
 

incorrect

 

artificial

 

government

 
surveyed
 

increasing

 

bounded

 
depends

tracts

 
describing
 

overlap

 

surface

 
Though
 

compass

 

monument

 

variations

 

trusted

 

things


intentionally

 
location
 
differ
 

courses

 

deceive

 

control

 

defective

 

corners

 

distances

 
experience