Graham's Magazine, Vol. XXXVII, No. 1, July 1850Various
General
Graham's Magazine, Vol. XXXVII, No. 1, July 1850
Various
Literature -- Periodicals; Literature, Modern -- 19th century -- Periodicals
“I am sure of it, unless you choose to employ my skill to baffle him. If
you had entrusted the investigation of the title and the papers to me, I
might have saved you from this difficulty; but you preferred a bungler,
who gave you a title that expired with Parkett himself. For this want of
confidence you must now either lose the property or pay me my own price
for saving it.”
“You know that I never scrupled to pay you well when an emergency
required your services; but what is the defect in this title?”
“By the will of Parkett’s father, which Burton has recently discovered
among the old papers in the office—for it has never been recorded—and
which I have seen, it appears that Parkett himself merely held the
property as tenant in tail. A particular kind of deed was therefore
necessary, under our laws, to convey a complete title. Your deed is in
the common form, and conveyed only a life interest; and the instant
Parkett died the property became vested in his daughter.”
“In his daughter! Oh, miserable blunderers! then all my schemes of
vengeance recoil on my own head. But stay; you say that your skill can
provide a remedy; if you can save me from the humiliation of this
defeat, you _shall_ have your own price. What is your plan?”
“Among the modes of barring an entail is a deed of warranty with assets;
that is, if Parkett gave you a deed warranting the title for himself and
his heirs, and on his death left to his daughter other property equal in
value to that which he sold you, then her claim cannot be sustained, but
your title is good.”
“This is excellent consolation! He gave me a deed of warranty, it is
true, but you know that he left his daughter and her husband only the
privilege of paying some thousands of dollars which Burton had borrowed
for him a few months before.”
“I know all that; and if he had left them the necessary property you
would not need my services to enable you to baffle them.” Then taking up
a pen, and writing a few lines, Witherman continued: “There, sign that,
and I pledge myself to make your title good.”
“When I promised that you should have your own price,” said Lander, “I
did not expect such a demand as this; but I will stand to what I have
said, and see that you keep your pledge;” and he signed a note for an
exorbitant sum.
* * * * *
The day of trial at length came; and Burton repaired to the Court with
the confidence of a man who knows that his cause is good, and his
evidence conclusive. The _law_ was well settled, and the _fact_, a
matter of record. His cause was, therefore, quickly and triumphantly
made out, by simply reading the will in evidence. Nothing could be more
satisfactory: the court, the jury, the by-standers, all saw at a glance
that the question was settled; and nothing was now wanting but the
formality of a verdict.
“Gentlemen,” said the judge to Lander’s counsel, “I suppose it is hardly
necessary to pursue this matter any further.”
Public-domain text, read in full here on John Shaqi.
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