real estate it is the duty of an
attorney employed for that purpose, says Justice Trenchard, "to make a
painstaking examination of the records and to report all facts
relating to the title. He is, therefore, liable for any injury that
may result to his client from negligence in the performance of his
duties--that is, from a failure to exercise ordinary care and skill in
discovering in the records and reporting all the deeds, mortgages,
judgments, etc., that affect the title in respect to which he is
employed."
=Divisional Tree.=--When the base of a tree is wholly on the land of
one owner the whole tree belongs to him. An adjoining owner, however,
may cut off at the divisional line such branches as over-hang his land
without notice and without reference to the length of time they have
been growing. To do this he cannot go on the land of his neighbor, but
must stay on his own land. A different rule applies to a tree that
stands on a divisional line and both owners have an interest therein.
=Dower.=--Dower is the interest that a wife has in her husband's land
after his death, and consists, unless modified by statute, of the use
of one third during her life. While both live her interest is so
secured to her by law that he cannot sell and convey any of his land
unless she unites with him in signing a proper deed of conveyance. In
most states this interest or dower is paramount to the claims of her
husband's creditors. But if there is any lien on the land at the time
of his death, like a mortgage, she cannot claim a preference or
priority over the mortgagee.
She can claim her dower in any land belonging to her husband which her
children, if she had any, could have inherited as the heirs of their
father. When her dower is in mortgaged land, she cannot get possession
until the mortgage has been paid. Again, where land, wherein she has
a dower interest, must be sold, her right to the proceeds follows the
sale. If her husband was not in possession of the land claimed by him
before and after marriage, her dower will not become effective until
gaining possession. If he were only the nominal and not the real
possessor, her dower will not attach to the land, nor if he were in
possession as trustee, the real ownership belonging to another.
A legal marriage is necessary to sustain a dower estate. Whenever a
marriage can be set aside for some illegality, and is not, it will
sustain her dower on his death. So, too, her dower
|