Abstracts of Title 159 



lows: No interest in lands other than leases for 

 a term not exceeding one year, nor any trust 

 or power relating to lands, can be created, 

 granted, assigned, surrendered or declared unless 

 by act or process of law, or by a deed or con- 

 veyance, in writing, subscribed by the party 

 creating, granting, assigning, surrendering, or de- 

 claring the same, or by his lawful agent there- 

 unto authorized in writing; but this does not 

 affect the acquiring of real property by will. 



III. ABSTRACTS OP TITLE 



It is unsafe for any person to take a deed of 

 or mortgage upon property without an abstract of 

 title, which is usually made by the clerk of the 

 county. Abstracts are, however, frequently made 

 by lawyers; and, at any rate, in large transac- 

 tions where the abstract is complicated, it should 

 always be passed upon by an attorney. 



An abstract of title is a brief account of all the 

 documents upon which title is based, and of all 

 judgments, mortgages and instruments which in 

 any way relate to such title as the same are 

 recorded in the office of the county clerk. 



Evidences of title include deeds, wills, decrees 

 of the court, judgments, judicial sales, sales by 

 officials authorized by law, acts of the legislature 

 or congress, etc. 



