The record-union., 1894-12-24
TRANSFERS OF TITLES TO LANDS.
Plans for Simplifying Them and
Lessening Cost
The Torrens System-Layman Frank
Miller Differs From Lawyers
on the Subject.

tenn Of passing title to lands. The other
members of the commission, which re-
Gently met and formulated report on
the subject, are lawyers, with whose
views Mr.. Miller does not agree. Fol-
lowing is his report:
LAND TRANsFERS-MINoRITY REPORT.
To has ErceLLency, II. II. Markham,
Governor Of tie State of CdL9fornid-SIR
At the last session of the Legislature
commission was formed to report to the
thirty-nrst session upon the Torrens sys-
tenn of transferring lands.
There were to be five Commissioners,
OF whom four were to be lawyers, and
the sum Of 500 was appropriated for their
expenses. L had the honor OF being ap-
pointed Commissioner (the others are
lawyers, and l now respectfully submit
minority report.
In California the evidence of the owner
ship of land is based upon the recording
OF deeds and upon possession and upon
the payment OF taxes. The Torrens sys-
tenn Will place the evidence OF ownership
upon a different basis, so that abstracts
may be largely dispensed with and trans
fers made easy.
L hold that we can arrive at the same
benefits. up to a certain point, with little
change in existing and well-tried laws.
All propositions for reform, however,
contests within few years or few
months.
L respectfully suggest that the usual
hye years OF limitation for suits shall run
against all alike and that the Legislature
shall have power to provide Tor the Sc
curlty and relief of minors and other in
competents; and that no other change
shall be made at the present time.
L present these Ideas as amendments to
the Constitution because they should
have the consideration of every voter;
and because, if adopted, the transferring
of land will fall under more permanent
rule than if put under laws which may
be amended at eacn session.
FIRST AMENDMENT.
''Title in fee simple shall vest in the
person who has held open, notorious,
peaceable, undisputed, adverse posses
sion of land, under claim of title, ex-
elusive Of other right, and who has paid
all taxes State. county or municipal that
may have been levied thereon), ii such
possession and payment shall have been
continued for five consecutive years."
The words OF the above are the sub
stance of present laws; short statute is
to be added to enable claimants TO go into
court tor a decree. (See Minn. 54lI.) AS
regards frauds this amendment would
have no different effect, and the princi-
pie involved has been thoroughly ap-
proved and tested IL our courts. BY plac-
ing this language in the Constitution the
principle of possession will be maintained
as superior TO any contrary words in any
statute. 1t must be remembered that in
any Torrens Code adverse possession is
invalid against pre-eXisting certificate
of title" Under this amendment the five
years Will run against all alike; but as
some injury may thereby fall upon in
competent persons minors, lunatics and
prisoners), their relief is provided for in
fl,., lara Nnf ha. III Il
this moment.
SO far as / can learn, the number of
payers of taxes on lands in California ex-
ceeds 100000. Each holding probably
changes hands once in thirty years. If
we consider the repeated sales and mort
cages we may assume that 3d. 900 abstracts
are made annually at a cost OF $50 each.
Many of these abstracts cost one-half of
i per cent on the value of the land.
Hence we can allege that over 100000 is
spent yearly in this State because each
abstract must be examined back to the
settlement of the State, and because the
expense is not final, but must be re-
peated at each transaction.
The greater part of this outlay can be
saved by the foregoing amendment.
Great benefits will be secured by reason
of the future clearness of titles and the
celebrity with which transfers can be
made. Realty will become more popu-
vestment and its value will thereby be
increased.
All lands in this State, with few ex-
ceptions, are contained within the de-
scription OF title named in the proposed
amendment and nearly all titles are
good holding titles"
Few persons are unjustly deprived of
their property. The fact remains, how
ever, that all titles are burdened with the
suspicion that at some time each passed
through the public and careful attention
OF a probate court and yet a technical
flaw was left whereby the title may De
attacked twenty or forty years later.
This situation is intolerable. 1t is like
the condition of large city wherein, to
catch few thieves, the police should ar
rest and rearrest daily well-known citi-
zens in large numbers and compel each
man to prove that he is not one of the
thieves.
These words are not too strong. for the
testimony of experts is that few persons
who have bought land in good faith from
estates ever suffer from claims set up in
later years by those who were wards of
the court at the time of the sale.
/ have been led to believe that less than
100 such suits are begun each year in this
State, and that judgment seldom goes
against the defendants. The latter do
settle some of the suits before trial, and
it is held that many of these are brought
simply because the property has so risen
in value as to make shadow on the lille
a means of unj ust extortion.
The testimony is overwhelming that
very little injury has resulted for years
past to those who were incompetent or to
those who bought their lands. This sat-
isiactory condition has resulted from one
OF two causes or from com bination of
both.
First-In probate cases (which require
no great skill the care and integrity OF
the bench and the bar are entitled to all
the praise.
Second-The searching of 10000 titles
annually to prevent loss in 100 cases has
been the sole cause.
Can the bench and the bar rest under
any lmputatlon that the second cause
above named was even a large factor in
producing so much protection to the un-
fortunate?
Every bulwark of legislation has been
carefully given to large estates of in
competentS. They are wards of the
court and for them officers of the court
are named as guardians. All sales and
accounts are openly audited in court. On
the other hand If any person, whether
competent or incompetent, shall be so
poor that he cannot pay taxes, to MIN
short grace is given and a few tax sales
deprives him OF the title he had.
The searching of titles by the whole
community has doubtless had some effect
in making attorneys a little careless, for
they have known that their work was
possible of correction, although at the
expense of innocent purchasers in most
cases.
The results, however, indicate that the
lawyers have done their work very we'll
indeed. This seems to be substantiated
by the fact that, in Australia, where the