Evening star. [volume] (Washington, D.C.) 1854-1972, 1868-03-30
GOODS NEWS FOR OWNERS OF BAD
TITLES.

We have lately been shown the manuscript
draft of "Bill 10 remove cloud or flaw from
titles TO real estate in the District Of Columbia,
DC, a drawn by Mr.. Haley, attorney-at-law,
Market Space, presented some time since to the
Board of Trade, and referred TO its Committee
before Congress.
Section one enables those who are injured
harrassed. OF disquieted by the alleged OF sup
posed existence of any adverse claim. or by any
flaw orseloud Of title, &c, to compel adverse
claimants 70 come into court and make good, if
they can, their claims. This enables those to
become oemplainants who, as the law now is
could only be defendants, and who would
gladly BE- such, If the holder Of any claim"
would only come forward. like a man, and let
the question be settled one way or another. 1t
ssturns the Tables by making party defendant
of hirs who so long has been injuring property
by threatening TO become party complainant
next year." but which year never arrives. 1t
takes down the foreyer-Impending yet never
falling sword of Damocles. II also provides
for pro foTma process of removing mere fla VS.
through which no one yet does, but some one
might possibly poke a counter claim.
Section two provides that when a title has
been cleared or renovated, under section one
thus virtually being began anew-such reiu-
yenation shall be evidenced by a deed from the
awarded title; and sfor the better distinguish.
nent of this class of conveysnces, each such
shall be styled, recorded and indexed under the
designation Of judicial PATENT" Il seems 10
us that both these ideas are good. For ju-
dicial, thst Is a governmental, clearance of
title is virtually renewal or regrant of title
by Governments; and, if so, a patent is the
proper and best certificate thereof while the
term Sjudicial patent serves TO distinguish il
from other patents, and from a deed by the
Marshal for properly sold under execution
Then, too, unlike only decree of the court:
this patent certificate is taken from the occult
docket of the court, and emblazoned among the
land records, wherein the chain of title is
naturally, and with less trouble, and more GER
tainty sought for.
Section three recognizes this doctrine OF re-
grant Of title b. declaring that such parent shall
. as a munment, be considered "a though il
were the foundation of title to the property
therein lawfully. described" So the examiner
need not trace title backward anterior 10 such
new beginning.
Section five settles the doctrines of proscrlp-
ton and MISUNDERSTANDING them from the
uncertainties, conflicts and mutations of sue
cessiye judicial opinions-by declaring that
quiet possession Of twenty years, accompanied
with assertions OF ownership, shall entitle the
q
Ing, by law, some such time, was recognized by
that able lawyer. the late VIM. ]. Stone, IN his
draft Of his bill, "TO Quiet Titles *. an
proved March 2, 1855; wherein he provided
limitation of ten years, rather than twenty, as
this bill does; but which was stricken out
For this reason, this increased time is allowed.
sather than again incur such elimination.
Surely twenty years is long enough 10 allow
him of my claim to cripple enterprise He
who won't vindieate his rights in thai time
does not deserve - have any.
Sections six and seven are rules of practice TO
nle5iIise the rights and remedies provided in the
preceding sections. We thought them SUPER
fuous, as already in force; but We are ad vised
by members Of the bar that they are not easir,ly
so.
The main features of this bill are novel in
this sntique-law ruled District: but they are
not so in several of the States, where by long
practice, their value has been made apparent.
Their enactment here, where so much of CITY
and country property is deprecated by one flaw
or another, can do no harm. while il
may render US much good. We therefore hope
that The Board of Trade Committee will press
the bill 10 a final enactment a speedily as pos
sible.