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Lexington, Fayette County, Kentucky
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W.N. from Mercer County writes to Mr. Bradford on June 30, 1792, lamenting issues with land titles in the state and sharing poetic advice extracted from an old English author on precautions for safely purchasing and selling land, emphasizing checking titles, mortgages, and dealing with honest sellers.
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Mr. Bradford,
Perhaps the purchasing and felling of land, is more followed in this country than in any other part of the Union, and it is much to be lamented that the defect of proper titles of many who make sales as well as the want of due care in those who purchase; leads many of the good people of this state into much trouble and uneasiness. The following lines from my common place book, extracted some years ago from an old English author may perhaps be of service to many of your readers; if you see cause to make use of it, it is much at your service.
Yours &c.
W. N.
Mercer county, June 30, 1792.
Directions relating to the purchasing and selling of Land.
First see the Land which thou intendst to buy
Within the Sellers titles clear doth lie,
And that, no Woman to it doth lay claim
By dow'ry, jointure, or some other name
That may it 'cumber. Know if bound or free.
The Tenure land, and that from each Feoffee
It be released: That the seller be so old
That he may lawful sell, thou, lawful hold:
Have special care that it not mortgag'd be,
Nor be entailed on posterity:
Then if it stand in statute bound or
Be well advis'd what quit-rent out must go,
What custom service, hath been done of old
By those who formerly the same did hold,
And if a wedded woman put to sale,
Deal not with her unless she brings her male:
For she doth under covert baron go,
Altho'. sometimes some traffic (we know)
The bargain' being made and all this done.
Have special care to let the charter run:
To thee, thy heirs, executors, assigns,
For that beyond thy life securely binds,
These things foreknown and done you may prevent,
Those things rash buyers many times repent
And yet when you have done all that you can,
If you'll, be sure--deal with an honest man.
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Letter to Editor Details
Author
W. N.
Recipient
Mr. Bradford
Main Argument
land purchasing is common but fraught with risks due to faulty titles and carelessness; readers should heed poetic advice from an old english author on verifying clear titles, checking for encumbrances like mortgages or dowries, and always dealing with an honest seller to avoid trouble.
Notable Details