The times. [volume] (Richmond, Va.) 1890-1903, 1900-12-09
10 human preacher can improve upon the
Bible way.
THE ToRHENs SYSTEM.


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THE TORRENS SYSTEM.
we give below quotation from a re-
rent number of CEASE AND COMMENT y
legal periodical of wide circulation,
which indicates some Of the dangers to
be encountered in every transfer of lands
under the laws now. in vogue in Virginia
and many other States of the Union. This
is an important subject particularly
worthy OF consideration at this time, when
the thoughts of our people are being turned
to changes in the fundamental laws of the
state. tor, II It be possible to insert in
our new Constitution any provision which
will tend to render the title TO real estate
clear and certain, and enable such proper
ty TO be easily and safely transferred at
confer material benefit upon every owner
Of lands in the Commonwealth And now
is the time for our lawmakers to be con-
sidering the subject. The article we now
quote is entitled Unsafe Reliance on Re
cords Of Title and. everything the writer
Say ID dpp4iCdpie W lilies III MS Stdl
under our present laws. But we give it in
his own words:
The uncertainty and risk of reliance
upon records of title is sharply illustrated
in the recent remarkable case of '"Marden
VS.. Dorthy, 160 n. y. 80, &c j.. r. A. 69..
One who, by the records of title, clearly
appeared to be the owner of land, obtained
Il loan and gave a mortgage on the prop
erty, when the recorded instrument which
purported to be a conveyance to him.
and which bore the genuine signature of
the nominal grantor and also of a notary
public, was in fact void because obtained
by some trick or fraud. and without any
intent to execute it a deed. The court
held that, notwithstanding the apparent
title Of the mortgagor shown by the re-
cords, on the faith OF which the money
was loaned. yet, as the apparent title was
not real. the record thereof was no pro-
lection, and the mortgage based thereon
was void. The recording law was denied
any application to a forged or fraudulent
instrument.
'"ThiS decision does not greatly increase
the risk Of reliance upon the records since
itmerely applies to the unusual case of a
false deed with a genuine signature oD-
tanned by fraud the rule applicable to
deeds with forged signatures. But it en-
phasizes the danger Of concealed flaws in
apparently perfect record titles Many
people, including some lawyers, appear to
suppose that the records can usually be
relied on to show with exact certainty
who are the owners of real property. But
this has nearly always been an impossi-
bility For instance, when the former
owner of property has died without WILL
the records do not, and cannot, show who
the present owner may be. Even a pro-
y~J E-,- al, l,v,
as that of New York furnishes only a pre-
sumption which is not conclusive. y con-
cealed marriage of a property owner who
is supposed to be unmarried may encum-
Der title obtained from him with unsus-
pected dover rights. Title obtained from
the supposed heirs Of a landowner, who
We're born and reared in his home. may
be defeated by proof that they are chill
dren OF void marriage. and that some
previously unheard-of heir by an early
but secret marriage is the true owner.
The facts of family relationship are neces-
sarv links in the chain of nearly every
title, but they are necessarily unsuscepti-
BILE of being proved by the cecords. Add
to the uncertainties of this kind those
that arise from the possibilities of forgery
and fraud. and it can readily be seen that
the record title of land is very far from
being a sure reliance. Fortunately. the
much less than the possibilities. Loss
from reliance on the records is unusual,
yet the risks ought to be fully under
stood"
This is enough to make every thinking
man realize the solemnity OF deed, and
the dangers of giving general warranty
of any title. But there are other risks
assumed in transferring titles, not men
toned by this writer, but concisely set
forth in the paper read by Mr.. Eugene c.
SIassie on the ''Torrens System Of Land
Registration" at the last meeting of the
Virginia State Bar Association. It is
claimed that this system will not only
cure, but will prevent defects In titles, and
that it will enable lands to be transferred
quickly and safely and with very small
cost, and The Times takes pleasure in
calling attention to it, with the hope that
it may receive the careful study of every
delegate to the Constitutional Conven-
ton.