Evening star. [volume] (Washington, D.C.) 1854-1972, 1892-02-09

A Hearing Given to Members OF the Bar on
Senator Higgtns' BILL

Hearing Given to Members OF the Bar on
Senator Higgins' Blu.
Senators Higgins Gibson and Faulkner as a
subcommittee of the Senate District committee,
gave n hearing this morning to members
OF the District bar in favor of the bill intro
duced by Senator Gibson (by request) to
amend the laws relating to land titles in the
District. Mr.. John Ridout, Mr.. Mills Dean
and Mr.. r. H. Burton appeared in favor of the
bill. No one appeared in opposition to it
The bill provides in substance as follows:
Sec. 1. The term heirs shall not be
requisite in any decd or will hereafter made of
land to create or convey an estate in fee SIM
pie, bnt every grant or devise OF land shall vest
in the grantee all the interest and estate Of the
grantor. legal and equitable, unless an intent
to pass n less estate or interest is expressed or
necessarily implied.
Sec. 2 Where two or more persons are named
as grantees, except when named or taking as
trustees, such persons shall be deemed and
held to take as tenants in common and not as
joint tenants, unless a contrary intent is ex-
pressed.
Sec g. The recitals in any deed Of trustee,
executor, guardian or public officer heretofore
or hereafter recorded in the proper Office in the
District shall, in favor of the parties in posses
sion, actual or constructive, claiming thereun-
law and equity of the facts recited.
Sec. 4. Possession of land in the District
heretofore or hereafter obtained without fraud
or collision and held for ten years by any per-
son and those under whom he claims. either in
person or by tenants, with claim of absolute
ownership, shall be deemed and taken in all
courts of law and equity to vest the possessor
with simple title to such land: Provided,
Thai 10 such possession shall bar any person
claiming an interest in such land and being
"A fun mr. Insn hon aI1nh
menced. or any person claiming at the expira-
ton OF such ten years possession any interest
therein as reversioner or remainderman. from
bringing Oh maintaining any suit action in
respect Of such land. e such s1it Of action be
brought III one year from and afte' the
moval OF the disability or The terpijnation of
the intermediate estate or estates, as the case
may be: And provided further, That no pos
session heretofore commenced and having con-
finued for less thar twenty years shall be
bar to any suit begun within one year from and
after the passage of this act
section g.! makes listing Of the property and
continued payment OF taxes hy purchaser in
good faith or those under whom he claims
equivalent to actual Possession, with q saving
In both cases Of the rights Of persons laboring
under legal disabilities.
Sections { and provide mode by which,
after pubic advertisement on a petition filed
IN court and proof taker under the direction
OF the court. q decree may be obtained esiah-
~
thts decree, on being flied and recorded apong
the land records, forms Que Of the muniments
OF title with saving i'll favor of persons labor
Ing under disabilities.
Sections and provide an expeditions mode
OF perpetuating record proof of Leirship where
titles depend upon the lac. as to whether a per-
son OF one name making a conveyance is the
helr-at-law OF the last record owner of q diff
ferent name.
Section 10 remedies the evil by which under
n tlTfv lnxx H. Il
son ls subject to sale by decree in chancery
Tor the payment OF his debts, in the event of
his personal estate proving insufficient. The
law nxes no time within which bill may be
MED for that purpose, SO that no one is safe in
purchasing real estate of deceased person.
Senator Higgins said that sections 1 and
need not be discussed.
MIR. Ridout was then recognized to explain
the benefits OF section 3, and said that in many
instances the chaneery records had been lost or
mislaid and there is a difficulty in establishing
the foundation of the authority of trustees
and executors. Therefore, u recital in the
deed, IL taken as prlma facie evidence, would
settle this difficulty. 1t changes the burden OF
proof in favor Of the man in possession.
senator Faulkner ventured the suggestion
that no court decisions could be found which
would hold that mere recital of q trusteeship
would be accepted us q fact.
Mr.. Rldout and Mr.. Dean both agreed how
ever. that section should be eliminated from
the bill If its presence endangered the remainder
OF the bill.
Mr.. Ridout then proceeded to discuss section
l. He said there Ia a great deal'of land in the
District which has never been improved The
adjacent streets have never been opened. and
the owner OF the property would not know
where to commence to improve. The owner
may have paid taxes for many years, but the
courts hold that in order to hold adverse
possession the owner must make absolute in
closure Of his property.
Senator Faulkner was surprised at this state
ment and said he thought such decision was
absurd. He asked Mr.. Ridout to cite the de-
cisions, and the gentleman did so.
Senator Faulkner made note of the citation
and said he would look it up.
MIR. Ridout reiterated the statement that the
courts require exclusive, notorious and con-
tinuous possession.
In reference to section six Mr. Ridout cited
the case OF one Of his clients who obtained
tax deed to a lot fifty years ego. The house
on the lot has been there for forty wears.
There Is break in the title, however. and il
cannot be quoted. Under the proposed sec
ton six steps could be taken to complete the
title.
Senator Higgins asked what effect this sec
ton would have upon the man who might have
a claim to the property. Mr.. Ridout replied it
would simply require him to come forth and
establish his claim, to present his proofs and
bring the matter to settlement. The section
does not impair his rights; 1t only forbids his
obstinately standing in the way to clearing the
title.
Senator Faulkner objected to constructive
notice being given to the claimant. He adyo-
Gated notice by personal service. and Mr..
Ridout agreed with him, suggesting also service
by United States marshals. Other sections of
the bill were touched upon briefly and iu-
dorsed and the subcommittee adjourned. Mr..
Dean submitted printed brief from Mr.
Mahlon Ashford in favor Of the bill
subcommittee of the House District COM
mittee also considered this bill today and will
give hearing to interested persons on the bill
tomorrow morning at 1890 o'clock.