Virginian-pilot. (Norfolk, Va.) 1898-1911, 1900-08-08
THE TORRENS SYSTEM.
Another Letter on the Subject
.vv From Mr.. Massie.
Evils 1t is Designed to Correct Defects in
Our Present System of Repatriation
Which Might BE RemedIed by tho Adop.
tlon of the Simple and Economical
System.

Those who have had frequent trans
actions in real estate can appreciate the
difficulties encountered and the dangers
involved. to say nothing of the heavy
expenses and tedious delays. The
writer has often head an old and proml-
ment member Of the Richmond Bar
say that contract about real estate
was almost as difficult to consummate
as contract of marriage. and that it
involved almost as many unforeseen
perils and responsibilities.
If laymen understood the labors i'm
posed upon lawyers in every exami-
nation of titles under our present sys-
tenn. and realized the great RESPONSE
bilities assumed in passing upon titles
the work of the profession would be
much more highly appreciated and bet
Ter remunerated. The lawyer is re-
CURED not only to make q most careful
search OF the records In the proper
clerks Offices, but it is necessary FOR
MN also to seek information about
many things which do not appear upon
the records.
we nave system of registration
upon which we rely, but our records
the signatures. either of the parties to
oeeds or of the magistrates before
Wnom the acknowledgements were made.
Ihey do not show the identity OF the
parties. though in populous districts
mere are many of the same name.
hhey 90 not show delivery OF the deed,
though that is n necessary element of
n valid transfer. They do not show
the legal capacity of the parties They
90 not show the true heirs of decedents
!hcy give no warning of marriage or
uivorce. They make no revelation of
TIGHTS acquired by prescription. They
ave no indication OF titles ripened by
auwease possession. They do not neces-
sarily show whether n decedent died
testate or interstate: and we have n
statute which allows q will to be filed
seven years after the testator's death.
ana extends the limitation in favor of
an infant or insane devisee for two
years after removal OF disability. (Acts
1S9l-'92. page 2S9) Prior to this statute
therc was no limit upon the time with
ia which Will might be probated. 1t
Is well-known fact that most wills
are proDated in eX parte proceedings,
anu our tatute permits any person in
tcrcSted. who is not n party to these
proceedings. to file n bill in equity
WITHIN two years to impcach or estab-
fish Will: any infant Interested, be-
Ing allowed ono year after he be-
comes of age within which to file such
n bill. and any nonresident, or any
party proceeded against by order of
publication. unless he actually appear
ed as party. or was personally sum
inoned. being given two years after the
decree OF probate within which to file
such a bill. (Code. sections 2544. 25i5.)
no PROOF OF BOUNDARIES.
IN addition to these criticisms. our
records give no proof of proper bound
aries. They give no notice of unre-
Hord within ten days from date of ac-
acknowledgement. shall. unless they be
mortgages CT deeds IN consideration of
marriage. be as valid as TO creditors
and subsequent purchasers as IL re-
corded On the day OF acknowledgment
iCodc. section z4G9) They offer no
proof of authority of officers of corpo-
yations to execute deeds. They give
no warning when title has been lost
Icy tho exercise of the right of emil
nent domain Nor do they give any
information OF the reversal of DEGREES
of court. upon which the title may
rest. Moreover. IL has always been the
practice Of our government to make
grants and issue patents indiscrimi-
natelv, without any sort of satisfac-
not been already granted. And this
Vice was extended to grants of large
exterior boundaries. covering thou
sands of acres described by corners at
black gums. becches. black oaks. white
oaks. red oaks. post oaks. and all the
family Of oaks. or any other old tree,
stump, stone, or pointers" and often
times Including many other smaller
grants Of equally underlined boundaries.
Under this system 1t is absolutely
impossible for the most careful exami-
ner of titles to have any certainty that
the result of his labors will show the
true state of the title. And 1t is alb
solutely necessary. particularly in the
examination of titles to large tracts of
lard. to be familiar with the land it
self. and to learn It's history from
those who have spent their lives In
the neighborhood. 1t Is not an I'M
common experience to examine titles
traced from the original grant OF the
government and find no flaw upon the
record until informed by those who
know that an adverse claimant, who.
perchance. has never seen the proper
ty. asserts title under another and
older patent from the same govern
ment which had made the grant upon
which the title being examined was
based
Again, our records may be silent as
to the lien of judgment which, If
rendered in any of the courts except
the Circuit. Chanccry or Law and
Equity Court of the city of Richmond,
relate back to the commencement of
the term at which it was rendered.
(Code. sections 3567-'S 3570.) In addi-
ton to this, our records may be wholly
silent as 10 any liens which may arise
under Federal statutes or suits or de-
crees of Federal courts. Out see
Acts. 1Ss9-90, page %. n statute on
the subject passed in accordance with
the Recommendation of the lamented
Judge T.. C. Burks from whose pen
an able article may be found in 13 Va,
L. j., page 1881 And, in conclusion, it
is to be noted that our indexes are Of
ten imperfect and may fail to indicate
transactions of prime Importance.
Moreover. the records are accumulat-
ing with such rapidity in the cities
that their storage is becoming a Sc
rious question, and the labor of title