The Saint Paul globe. (St. Paul, Minn.) 1896-1905, 1899-01-25
The Torrens Law,

The legislature of Minnesota is being
urged to adopt what must. in the very
nature of things, prove a much needed
reform, by the passage of what is
known as the Torrens system for quiet
ing titles to realty in the process of
transfer.
When capital seeks an investment in
real estate it properly demands secur-
lty. The simplest process by which
that security shall be legally guaran-
teed is the one that should be adopted.
In all new countries contracts are apt
to lapse. mortgages are foreclosed and
lands are sold for taxes. These condi-
lions result sometimes from pecuniary
inability of owners to meet interest
and principal payments when due; or
it may be from neglect on account of
distant ownership, or removal, to pay
tax dues. and disregard or ignorance
of redemption laws. There may be
faults in the making out of deeds. in
connection with which the dover rights
of the wife are not protected as they
should be, by failure of the husband
and wife to join in the perfection Of
the instrument. The purchaser of such
properties, Notwithstanding the So
called perfection of his title under the
present system of registry, Is not al
ways sure that he may not be ousted
from what he honestly esteems his
rights. Controversies between register
ed owners and claimants are frequent;
and are always attended by expense
and oftentlmes at periods when it can
be the least conveniently borne
The Torrens system Of perfecting
titles is simple and at the same time
operates with exact justice to the par
ties concerned The initial movement
consists Of the creation Of a tribunal
by the state whose function it is to
take cognizance of and determine real
estate fee ownership. This body is
charged with the investigation of ev-
erything affecting the title to prop
erty within it's Jurisdiction. 1t ascer-
tains in whom the right of conveyance
reposes and whether encumbrances of
any kind exist calculated to support
any subordinate claim. If such are
found, the claimants are cited to ap-
pear and make the same good. Upon
the evidence submitted the title is adj
judged to the fee owner. and this de-
cree is subject to any claims that may
be rightfully established, or entirely
free, as the case may be.
But the main point of interest in this
plan exists in the spirit of fairness and
justice which forms the base of the
proposition Now and then, as sug-
gested above, the dover right of wife,
pear and be satisfactorily established
or some legatee or heir may come for
ward and prove the existence of GER
tain rights, upon which, to use a legal
expression. they have slept. The resur-
rcction of such claims, under the pres
ent laws, has the effect of disturbing
the rights of the more recent possessor
| of the property. 1t would be unjust
to overthrow his title, but at the same
time it would be likewise unjust in
collateral sense to completely ignore
the rights of the newer claimant In
stances of this sort are not numerous.
but they are of occasional occurrence
In order to satisfy claims Of this kind
small tax upon the assessed value of
the property is levied, and this is APP
which the victims Of such errors or
oversights. or whatever may have been
the cause Of delinquency, are reim-
bursed. Meanwhile, a certificate Of IT,
tie is issued by authority of the tri-
bunal, through its registrar, to the fee
owner with every necessary notation
attached, and, if he shall, in turn, sell
the property he yields to the registrar
this certificate, and it is Cancelled by
that official, who issues another to the
new owner. The plan has the addi-
ticnal advantage of preventing a mort
gage from being defrauded by a dis
honest debtor, inasmuch as when the
owner would sell he must present his
certificate for cancellation before the
transfer can be complete, and this
necessarily insures exposure of any
fraudulent purpose.
The plan would obviate the necessity
of so-called abstracts of title, the GER
tificate Of the registrar taking the place
of that instrument. This official would.
in fact, become the authority through
whom the transaction would be per
fected, even without the conveyance
by deed, inasmuch as his certificate
would stand in the stead of both deed
and abstract of title as establishing
ownership in Fee
The proposition to engraft this re-