The Houston daily post. [volume] (Houston, Tex.) 1886-1903, 1900-08-05

THETORRENS LAND SYSTEM. I:
Report of the Committee Appointed by the
Texas Bar Association


Observation-Disclosures
One of the most important papers read
before the recent session OF the Texas
Bar association at Galveston was the
retort Of the committee appointed to in
vestigate and report as TO the merits o.
The Torrens system Of registration Of ldes
to land.
The report having been read, on motion
Il was ordered that the same be filed and
published in the minutes. No further
action was taken on the report.
The former report Of this COMMITTEES, as
read at last years session, closed as fol-
lows:
In conclusion. we submit that the ''meF-
It's" OF the Torrens system consist IN:
1. registered, indefensihle title OF one
IN instrument 10 writing showing on It's race
Che owner OF the fee, boundaries, every
charge and lesser estate or incumhranee;
eancelling all prior transactions, and pro-
yiding that there is no lien, or notice, or
ehMge, not shown by the certificate OF
title; this, instead Of title by deed. de-
pending on evidence written and Veroal,
the former accommodating by time ana
often dependant on the latter ioT sup
port. There can be no reason why every
time a conveyance IS executed thst il
should require more evidence than before
to prove up the title. nor why title % real
property sh5ald ever rest in parol.
2 The holder of the registered certih-
cate Of title has a 'merrhantable' THE
without an abstract or certificate OF re-
corded deeds, judgments and cancelled
mortgages.
3. Having once registered the title, 81
adverse claims are cut of IS 10 the past
end they can not in the future by the
statute of limitations ripen into a title,
l. II is only in land THAI the history o.
ownership must be investigated: and II Il
the doing away with the necessity ot in
yestiga,ion into the past history Of the
ownership Of the land that the 1orren
system has accomplished.
8 The system does not propose 70 turf
bad into a good title. bui to allow thosl
having good titles 20 procure declaration
Of it. and those having detsct'ye stiles al
opportunity to perfect them
s. The practice Of searching the record
is swept away.
:, The indemnity fund secures al FER
cons against loss who have merits n the
claim Of title
s. The two syst ems can be operative q
the same place at the same time. an
made elective as to the land owner, as !
England under Lord Cairns act Of 1875
No Recommendation was made by tn
committee. as they consider same nc
within the scope OF the order Al the las
term Of the association.
~
To the President and Members OF N
Texar Bar Association.
At the annual session Of this sssociatio
sn 1895 We we're appointed special CON
nitiee to investigate ans report as 20 IN
merits Of the Torrens system Of reglsSrs
lion Of titles 10 land. AT the next SCI
zion, in 1897, We submitted our repor
which was ordered published, and pos
pone1 for discussion anul sae next NEE
ing. proceedings 1887. 3. 20 and pa
lshsd I'D. ID. 1880
Al the session OF 1sss the report ~
read Up. 1890 and attsE eonsideFaf
discussion the further csnsiderAtloa
the report Was postponed untA the ne
snnuAl meeting and alrects4 to Dc repa
ltshed u. Isl
Al the session Of 1885. al the request
cur Chairman IL order 70 sae 20 our
port. scfiOn Esz Signed u1tl TIE
mai meeting % 1885.
Al our seazio1 Ia 1881 the supreme col
OF IiSiavis had IL People rs. Ca2se rs
Z r. z54} a5iudgsd the lsE o. 1888 Of y
State % this system % os 1neJns-itatit
al. because {. Conferred judicial power
the registrar. This decision vas Eendel
in November. 1886. On May /. 1927.
new law, OF great length, 20 cure the
feet OF the Law o. 1885. vent into Ell
IN Illinois and Was speedily attacked ~
an information in the nature Of quo W
ran,o in case Of People VS.. Simon.
Al our annual session IN 1888 the I
TO ties. 1he validity of the new law )
pending 10 the highest court o. Hin
the law OF May /. 1897. having been :
tanned BY the trial court In octot
1885, the supreme court held this last
constitutional. fPeople vs. Simon 81 y
r. .. 80, rs Ill. o. 1851
At our annual session in 1893, any
ton taken would have been far In
vance OF the regular session OF our
islatnre and your committee console
delay until this session sdvantageon:
every respect. especially 50 as TO OBJ
information as 10 the working OF this /
TEN in Illinois and Massachusetts, WI
the law has been adopted and has b
tested TO some extent.
we believe that our former report
quires no change by us. We gave
consideration In making 1t. and will in
additional report give such facts as
have been able TO obtain as TO the laV
administered In Illinois and Massa'
setts.
The Illinois law Is local option and
mandatory after adoption. 1t is only
operation in Cook county in that 81
The judicial power by the first act We
in the registrar, by the amended &C
1897 is vested in any chancery cour
the county where the land Is situi
This oiiancery court DEGREES as TO title
then the registrar issues a certif
based on the judgment.
The Issue was made In the case OF
Pile vs. Simon, supra. that the aetio
the registrar In subsequent reglstrai
after the first. was judicial as TO deter
Ing the validity Of liens incumbra
or charges This as well as the dul
determining that the party who tran
has the title the court holds quasi jud
merely and not strictly so, citing iss
Of patents and other acts Of judicial
ture by executive officers. The court |
at Is apparent that the mere fact
the registrar is required by this az
inquire into the existence Of certain
end to apply the bsw thereto In ord
determine what his official conduct 81
be, aud tiat hia action may affect pr
rights does not constitute the exis
t.-f.. 1t.