THE AMERICAN ABSTRACTER

By R. B. Colson, Gainesville, Florida.

These indeed are eventful days in the history of the world.

Kings have been dethroned; empires have crumbled into dust; governments have risen and fallen; and the map of the old world has been changed in less than five years.

During this time we have seen our own boys, the flower of American manhood, cross the seas by the million to offer their lives upon the altar of Justice, Freedom and Democracy. Many of them sleep today underneath the poppies of France and Flanders.

We have seen our battle-scarred veterans come back from "over there" bearing the Stars and Stripes before them in glorious triumph.

"The American doughboy is the finest soldier in the world," says General Pershing, and his words echo the feeling of every loyal heart of our land. Many things conspire to make him such; he represents those high and noble principles of the American people. He has the right ideal. Indeed he is a grand soldier and a distinguished American citizen.

President Wilson recently said: "The biggest mischief that could be done to America today would be to unsettle land titles." The title men of America know that this is true. That the people of our land may enjoy their homes in peace and security was one of the thoughts that inspired our "boys in brown" in their righteous struggle against the foe. It is therefore our solemn duty, with firm hand and clear vision, to dedicate ourselves to the task before

us.

We are proud of the fact that we are American citizens, and we gladly accept the responsibility placed upon us as representatives of this important work. The Home of America is the very foundation of our free institutions. Therefore it is with serious purpose and deep interest in the welfare of our beloved country that we, the Title Men of the Nation, have met together in conference upon these vital matters.

The American Abstracter is

very necessary institution.

He is the "hub" of the land business of the Nation. Around him revolves the sacred interests of home ownership, as well as the

vast holdings of the business world. For this reason his work must be of the highest order.

The abstracter was born of necessity, and has been nurtured in the school of practical experience.

The abstract of today is an evolution of the index search of yesterday. The finished product of the modern abstract plant very naturally shows wonderful improvement in form and matter over the brief report of a few years ago. We would not scoff at the earnest efforts of our plodding predecessor in the land title business. We would do him honor. He served his purpose and met the simple needs of his day. He did the best he could.

The requirements of today have greatly increased in every field of endeavor, and the land title business is no exception. Time and distance have been practically overcome by present day methods of communication and travel. This demand for speed and efficiency must be met, and it is the business of the American abstracter to solve his problem and do his full share in the interest of progress. He needs to study the land title business from every angle in order that he may the better serve his client. This has been for years the serious business of this Association. That their work has borne good fruit is evidenced by the facility with which land transactions are now consummated in this country.

The purchaser of land may with utmost confidence rely upon the information shown by the Abstract of Title, or the Title Insurance Policy of any reputable abstracter, resting assured that the facts exhibited there are a true and correct statement of the condition of the title offered.

So complete and authoritative is the abstract of today that it is not necessary that the title examiner should refer to the original sources of information. The modern abstract passes current wherever the character and methods of the American abstracter are known. North, South, East or West, the work of his office serves its purpose with equal satisfaction. It is an American institution, at home wherever the English language is spoken.

We should not infer that our profession has reached the zenith of perfection, for any well-informed title man knows that there remains much to be accomplished along the way, but we do say that the American abstracter is an optimistic worker for increased efficiency in land conveyancing. He keeps abreast of the times. He

is a constructive force in the community in which he lives, and a factor in the upbuilding of his state and nation. "He profits most who serves best" is as true in the field of the title worker as else. where. His is a highly specialized profession and the call is fcr men of technical knowledge and skill, high ideals and noble purposes. The man with base or ulterior motives has no place in the councils of the Title Men of America. In dealing with the sacred ties of home and the landed possessions of the people of a Nation, he is under solemn obligation to exercise the utmost care and precaution that these may be amply protected.

He may not jeopardize the interests of his client by any questionable act. He must render honest and reliable service. must be a true American.

He

I believe the abstracters' fraternity measures up to this high standard of business integrity in no small degree.

In the matter of service to his country during the great war, the American abstracter was not a whit behind his fellows; in various branches of activity he promptly answered the call with patriotic zeal and devotion. His records-a veritable storehouse of information-were freely offered to the Custodian of Alien Property, which proved of great value in locating holdings of this character.

His business was practically suspended throughout a long period of the "Great War," but he followed the "even tenor of his way" and did his part without murmuring.

In the period of reconstruction now upon us, the Title Man of America has a greater duty to perform, and he may, by individual effort and example, as well as by combined action with his fellow countrymen, exert a strong influence for peace and good-fellowship amongst a restless people, and do his part in bringing about a refreshing season of prosperity and happiness.

Let us pledge ourselves to this cause.

In common with his fellows, the Abstract Man has his trials. and his triumphs, his faults and his virtues, but I sincerely believe that he aspires to reach that goal by mortals ne'er attained-the goal of perfect service.

I present to you-The American Abstracter-an American citizen-at service to the American people.

LAW OF ADVERSE POSSESSION.

It is not unusual to find on the public records evidence of conflicting claims or titles to the same land held by two or more persons. Where such is the case, the title is absolutely defective, and, as between vendor and purchaser, is unmarketable. (1) An inquiry into the matter of occupancy may result in finding the premises in possession of a stranger who claims adversely to the record claimant. Such occupant may base his claim to ownership on some transaction or event not disclosed by the record; such, for instance, as an unrecorded deed, an undisclosed heirship, or an adverse user for the statutory period of limitation. The occupation of lands by a party as owner, in circumstances which usually characterize proprietary occupations, is evidence, or is accepted as evidence, that the title of such occupant has been created by contracts legally made and has come to him, if he is not the original grantee, but by such other contracts as the law allows, or in such other manner as the law appoints for the transmission of estates in land from one person to another, when such proprietary occupation has continued for the period of time fixed by law for that purpose. It is apparent that there is much beyond the abstract and the records that may encumber or defeat the title, and while it is not the duty of counsel to look up equities not apparent or fairly to be inferred from the abstract, nor to consider the matter of unrecorded evidence, nevertheless, he should at least direct his client's attention to those matters not shown by the record which may affect the title. Wherever it is discovered that there is an adverse claimant, a careful inquiry must be made as to the source and strength of his claim. This is perhaps the most perplexing and laborious part of counsel's task in passing upon a title.

Aside from defects appearing on the face of instruments through which title is claimed, and from matters appearing neither on the face of the instrument, nor in the records, there may be defects from matters appearing in the record of instruments through which title is claimed, and in the records of other instruments affecting the title. Thus an adverse conveyance may result from the officers transcribing an instrument in such a manner as to affect the land in question, when a correct transcribing of the instrument would have no such result. Such mistakes occur more often in matters of description than in any other part of the instrument. Mistakes appearing on the face of recorded instruments, which affect the title to land not intended to be affected, must be shown in the abstract in order that the proper requisition for its correction may be made. A deed correcting a mistake in a former deed is not an unusual occurrence, and when both are recorded, both should be set out, or, as is the practice of some abstracters, an explanatory note should follow the adverse deed. Where there is a gap or break in the chain, whether it be partial, as where one of several joint owners fails to convey, or entire, as where no privity of title is shown to exist between present and past owners, the asserted (1) Reydell vs. Reydell, 10 Misc. 273, 31 N. Y. S. 1, 63 N. Y. 437.

claim becomes adverse to the original title and inquiry in pais must be made to ascertain if a valid title by adverse possession exists.

An adverse title may arise from possession merely, and need not depend on a deed or other instrument of record. A purchaser who examines the records is protected by them only so far as they are capable of protecting him, but he necessarily assumes the risk of having the actual state of the title correspond with that which appears of record. (2) As the abstract does not show the fact of possession, he must make inquiry outside the record if he would protect himself, for he takes subject to the right the law gives the occupant indicated by such possession. (3) By statute in some states it is necessary that the adverse occupant should hold under color of title, and other statutes require that he must pay the taxes during the running of the statute of limitations. Still other statutes require that the entry and occupation by the claimant must have been in good faith. (4) The possession of the disseisor, in order to support his claim to title by adverse possession, must be hostile to the true owner, and not merely subordinate to him. (5)

Where one enters upon the land of another without right or claim of right he is a trespasser, and his possession, no matter for what duration, can never ripen into a title. (6) Some claim of right, not necessarily distinct or valid, is necessary in all cases, and whether such claim has been adverse to the true owner is always a question of fact. (7) Title by adverse possession cannot be acquired where entry was made through mere permission or license from owner (8); but possession obtained with the consent of the owner, and subsequently asserted adversely to such owner to his knowledge, becomes adverse. (9)

A possession, to be adverse, must also be continued for the whole period required to bar an action for recovery under the statute of limitations. (10) The period of time required to give rise to a title by adverse possession varies in the different states, and the local statute should be consulted in each case. In most states the statute does not run against persons under legal disability. In a number of states a possession based upon some written fnstrument or judgment is protected against the entry or suit of the dispossessed owner after a much shorter period than that which bars the right against a possession not founded on an instrument or judgment. (11)

Time necessary to confer title by adverse possession in the different states: Alabama ten years; Alaska ten years; Arizona three years, where

(2) Reck vs. Clapp, 98 Pa. St. 581.

(3)

Hotten sein vs. Lerch, 104 Pa. St. 454; Loughbridge vs. Rowland, 52 Miss. 546; Betts vs. Letcher, 1 S. Dak. 182, 46 N. W. 193. (4) May vs. Dobbins, 166 Ind. 331, 77 N. E. 353; Lindt vs. Uihlein, 116 Iowa 48, 89 N. W. 214.

(5) Toney vs. Knepp, 142 Mich. 652, 106 N. W. 552; Miller vs. Warren, 94 App. Div. 192, 87 N. Y. S. 1011; Ayers vs. Reidel, 84 Wis. 876, 54 N. W. 588. Kingston vs. Guck, 155 Mich. 264, 118 N. W. 967.

(6)

(7) Highstone vs. Burdette, 54 Mich. 329, 20 N. W. 64.

(8)

(9)

St. Joseph vs. Seel, 122 Mich. 70, 80 N. W. 987; Coleman vs. Pickett, 82 Hun 287, 31 N. Y. S. 480, 64 N. Y. 78.

Vandiveer vs. Stickney, 75 Ala. 225.

(10) Overing vs. Russell, 32 Barb. (N. Y.) 263.

(11) Latta vs. Clifford, 47 Fed. 614; Stoltz vs. Doering, 112 Ill. 234.