The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1898-06-06
Tenacity of the Abs url.

The house committee of the Massa-
chusetts legislature has reported back
with it's own approval and that of the
judiciary committee a bill proposing
the adoption for that state of the sys-
tenn of recording land titles known
generally as the Torrens system, after
it's English author. The tenacity Of
the old has nc better Illustration than
in the result of the efforts to introduce
into our land title methods a simplicity
that would relieve transfers of realty
from the cumbrous methods with which
English landlordism and nobility hedg
ed land about. 1t is seventy years
since Chancellor Kent, writing on con-
VeyanceS of real estate, said that he
had no doubt that an instrument that
recited simply that sold and convey
ed to B the land described for the con-
sideration mentioned would be SUI
ficient conveyance, but our deeds yet
are filled with that redundant phrase
ology adopted by English lawyers at a
period when law was extremely tech
meal and courts split hairs while JUS
tice waited Twenty years ago a SEN
sible Wisconsin legislature enacted
clared their legal effect, but convey
ancers persist in using the antiquated
forms, probably because Of that rever-
ence for precedent that is the first ar
ticle in the litany Of law, possibly be-
cause a dollar could not be charged
with even lawyers grace for draw
ing a five-line deed or mortgage. Any
way whatever the cause, the absurd
tiles of ancient conveyancing retain an
amazing vitality, even the seals being
still venerated, although the accommo-
dating printer now prints on the in
strument what was once the sign man
ual of the grantor
But, if conveyancing is tenacious Of
the absurd, our recording system is
fully as steadfast. If man sells a
hundred thousand dollars worth Of
corporation stock, it passes by delivery,
at most by Endorsement, but, If he also
sells city lot, he must furnish an alb
stract of title that will give consecu-
tive history Of every conveyance or
instrument affecting the land, from
the patent that the United States is
sued to the last mortgage, deed, lien,
judgment and tax. Chains of title be-
ing mysterious constructions, whose in
tricacies are known only to lawyers,
the purchaser must submit his abstract
to his attorney to have aScertained
whether, in any of its numerous links,
there is flaw. The seller pays for the
abstract and the buyer for the opin-
ion, and the lawyer justifies his pro-
fession by a microscopic examination
&1,f,,f- 10
that must be remedied before the trans
fer can take place. If some vbungling
conveyancer or register, in years past
omitted any technical detail, the chain
is not good, and at any time some heir
may come in to impeach the title and
set up claim.
The aim Of the Torrens system, in use
in Australia and some of the Canadian
provinces, brushes away all this an
Gent humbuggery. 1t begins by set
Ting for once and all the right own
ership of the tract. After that no one
can be heard to impeach it, The own
er is absolutely secure. Thereafter
transfers are made simply by a sur
render of the registers certificate of
title and the issue Of new one But
little more formality attends it than
does that of the transfer of PERSONAL
ty. But it would stop real estate nti-
cation, abolish conveyancing and rem
DER abstracts of title useless and opin-
ions on the title obsolete. Lawyers,
abstracters, conveyancers and insur-
ers of title would lose their business.
but the great mass of those who use
real estate, buy and sell it, would be
immensely benefited. And still, when
1t is proposed to adopt this simplifica-
ton of so important a business the
interested few are always able to de-
feat it, and the absurdities of medi-
eVal practice survive and thrive.