The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-22
Henry L. McCune, of the Kansas
City Bar association, in writing of the
Torrens system, says:

Henry L. McCune, of the Kansas
City Bar association in writing of the
Torrens system, says
assume that all property holders will agree
that our present system Of transferring real
estate is imperfect. and susceptible of vast
stracts and opinions Of attorneys upon the
title under the present system is frequently
serious burden. You may purchase piece
o. property upon the opinion of one attorney
that the title is perfect, and yet be put to
endless expense and delay when you wish to
sell. because another lawyer objects to the
and yet lose your property partly or entirely
by reason of the forgery OF deed. or the APP
pearance OF forgotten or unknown heir. or
because OF other matters not appearing of
record. Frequently sales OF real estate are
delayed or prevented because of mistakes of
conveyances In drawing deeds. or of notariss
In taking acknowledgements, matters over
which the owner Of the property has no con-
troll, and for which he is. of course. not re-
sponsible; consider that any change in our
laws which Will relieve US from all or any
OF these difficulties is to be desired and
while the Torrens system is, no doubt, i'm
perfect like all other human devices. l am
OF our present system, and that 1t will soon
be In as general Use in the United States as
is now its twin reform. the Australian ballot
system.
Among the advantages Of the Tor
rens system, Mr. McCune enumerates
the following:
Ffrst-It makes titles more secure The
owner holds the certificate of the govern
ment. guaranteeing his title, and he is safe
in relying upon it.
Second-Under this system, transfer of
properly is facilitated. as 10 abstract Of title
Is necessary and no attorneys examination
of the title is to be made.
Third-The advantage Of the slight expense
attendant upon a. transfer is too obvious to
need further comment.
Fourth-one Of the greatest dangers in our
present system is incidental to transmission
OF title by descent or will. Who the heirs
are. Is always question of fact. and every
satisned that all are accounted for Under
the Torrens system upon the death of the
owner the land goes to the executor or ad-
mlnlstrator like personally. Proof of heirship
Is made to the probate court, and that court.
by judicial determination, names the heirs
and determines their respective interests, and
o t1 the executor. after the estate is set
that settles the question of heirship for ell
tine. cult was tried recently in our state
circuit court in which the plaintiff claimed
an interest in large amount of valuable
properly In this city as descendant of Will
liam ellis. man who was supposed BY
those na wi, who knew him intimately to have lived
court OF this state has. since his death, de-
clded that he was married and left children
e EN- Ne 70 an interest In his estate. Under
the o,, Ior ns system the question of hership
court before the administration of his estate
was closed, and upon the fling Of the decree
with the recorder and the issuance Of a new
certificate to the heirs named therein. the
question OF ownership would have been set
tied forever.
Fifth-The valuable feature of the Aus
OF every character to be noted upon the regis
ter In the recorders office. The effect of fhis
provision Is to abolish. absolutely. ali un
known liens. and to enable the prospective