Wheeling Sunday register. [volume] (Wheeling, W. Va.) 1882-1934, 1896-03-01
ALAWYER'S VIEWS
PAPER ON tbs TORRENS SYSTEM, BY
CHARLES II. ASHLEY.
History of Land Title System. by an Able
Ohio Lawyer -COntrasting the
Old and New Plans.

An interesting anu IIISOuOllNN P"PN4
on the Torrens system of land title reg
istration, comparing it with the old
system. was read at the annual meet
ing of the Toledo Bar Association by
Charles S. Ashley, a leading lawyer Oh
Toledo. The paper follows:
For a long time after the dawn OF
civilization land was the chief form OF
wealth. far more than equal to all 9th
ers combined. This fact explains the
great consideration given TO 1t at the
time when our system of law evolving
during the middle ages in England.
The chief form Of wealth was the basis
of the reorganization Of society, for the
feudal system derived its strength from
the mode in which land titles were held
land being universally held by an in
feriOr. of a superior, TO whom the for
mer was bound 10 render services in
return for the use of the land.
Money rental or rental in kind Gas Of
agricultural prodUce) was not at first
as of much importance as the services
rendered the liege lord by the vassaL
The rent was frequently if not usually,
of a merely nominal amount, and the
real consideration of the grant was po-
Htical and was SO understood.
Land. Therefore. has been held in ex-
traordinary high esteem by the English
race for several hundred years After
the ordinary cause of esteem given to
land. namely. its political value, had to
some extent passed away, the high es-
Etimation of land continued to be felt,
and the first use of newly acquired
wealth in England down to this day is
the purchase of a fine landed estate.
The charmingly equabIe climate Of
England has contributed to the value
in which it is held, as well as economic
maxims. summing up the experience OF
the race. such as Keep your land and
your land will keep you" 1t can hard
w be doubted but that the solemnity
and legal care which has always been
deemed requisite for the transfer of
land titles was the direct OutsrOwth of
the feudal system and of the relative
standing of land among other kinds OF
wealth
At the present time it is not believed
| that the land of the United States, ire
spective of the improvements upon 1t,
such as railways etc, constitutes more
than one-ffth of the total wealth of
this country. A great contrast has
arisen from the evolution Of modern in
dustry. Pieces of paper representing
hundreds. thousands and even millions
of dollars can be, and frequently are,
carried around in vest pockets. \ sin
gle instrument will change hands two
or three times a day without the inter
vention of a notary oI any legal form
whatever.
Stocks. bonds. promissory notes,
drafts and the like are handled by the
business world in ever-increasing vol
ume. with no trouble, expense or anX-
| iety: and yet when a man wants to sell
lot worth 5000 he finds that the lega.
formula necessary to be gone through
with. including the preparation OF an
abstract of title. cost a considerable
fraction of its value. This violent con
trast is q constant vexation 10 men Of
business. and has been the great force
in promoting the system OF resisterins
I land titles more i'm accordance with the
commercial spirit of the age, and be-
fer adapted To do the business quickly
! securely and cheaply
have been too many years away
from law school 20 remember mu"1
about the ancient English methods '.
conveying and registering titles, ana
have not thought it worth while 10
| delve into the subject again in order TO
| Law before YOU facts Of purely histori-
cal and philosophical interest II may
no said without qualification. however.
NAT the methods adopted in Ohio near
" a hundred years ago. while different
from those practiced in England differ
od onlv i'm degree. and were their nat
,,-o1 ofrsnrinq. Nor were the methods
then adopted and still in vogue In OHIO
uI-suited to the condition OF affairs al
! that time.
So long as only a few hundred deeds
and mortgages were annually recorded
IN o county. so long as the inhabitants
Who transacted business with each otn-
er we're nearly always personally ac-
crainred and so long as land when
sold was not improved with expensive
LTiIdinqs but was merely worked for
aoric,IturaI purposes, our present sys-
teD, answered the needs OF our people
od+,ire blv. II would not have paid in
sncb a time TO have adopted any such