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
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