Rocky Ford enterprise., 1903-07-24

| the Torrcns bill, went into eHect July
| 18th. AS the law is OF great import
ance and far.reachlng In its effects the
following brief synopsis OF its provis'
tons, In the form OF extracts from an
article by Senator Edward 4. Taylor
| OF Glenwood Springs. who Is the au.
| thor OF the measure. Will be OF general
| interest:
The general objects mined ut by all
| the various Torrens acts are:
First-Certnlnty In the establish
ment and proof OF title; and
second-SImpliclty and facility In
dealing with the land after the title ID
thus conciuslvely established.
The general means by which these
objects are sought TO be attained are:
(a) A public examination OF title by
n court OF competent Jurisdiction.
Cbj The registration OF title found
upon such examination. and the issu'
ance to the owner OF document
caned u Certificate OF Title" which
| declares, that the person named there
| In owns u specified estate In speci-
| lied piece OF land.
Cc) The requirement that. subse-
| quentiy, title TO the land registered.
| snaii pass only by the entry OF the
transfer upon the official register. ana
not by virtue OF deed, which. under
tnis system, operates only as con-
| tract.
tD Notice on the register and on the
certificate itself OF amy matter Affect
Ing n registered title. Claims not
| registered, have no validity. aud
tcl Indemnity against loss out OF an
| assurance fund.
The proceeding In all states Is mere.
ly simple form OF n suit brought by
| the owner OF the property against MI
the world to quiet his title. III his
| title is good. tile court enters u decree
10 declaring. That decree u recorded
In the office OF the recorder OF deeds.
who II called the Register OF titles.
That official issues to the owner n
certificate OF title. When the owner
,.csirss TO transfer the property. he cx-
ccutcs deed to the purchaser aud
surr.ndcrs his certificate OF title; the
purchaser takes the deed and ccriiii'
cate OF title and delivers them To the
Registrar; the Registrar files the deed
In his Office ana leaves IL there. can
cells the old certificate OF title aud Is
sues new one to the new owner.
makes the proper entry upon the book
Ia his office Tor that purpose. which j,
called the ''RcEist.r." and upon the
payment OF small Zee the trnnsac'
tion Is complete.
Iuc Registrar OF titles Is. under our
act, the County Clerk aud Recorder.
lie IL required to give an additional
bond aud comply with certain require.
mcnts. keep certain special books. aud
he Is financially responsible for the
acts OF his deputy. lie collects Ger
tain small fees. but receives no addI'
tionai salary over md above that nj
.. laA.a .N..N
as Clerk and Recorder.
Under our statute til. owner OF prop
crty desiring to register his title. must
nrst obtain complete abstract OF Till.
to the hcpropcriy desired to bc registered.
| Then he should obtain from the clerk
OF the District Court q blank form oi
nm application for initial registration
| and I'LL that out complete and -igu II
and swear to IL. This application IL i
simple. short aud plain form OF n pc
tition to the court. rccltins the name
OF the owner OF Inc land. dcscrip'
tion OF the land and naming all per
sons who are occupying or claiming
amy interest therein, giving all incuin'
brnnccs, II any. thereon, nnd Ia gen
crnl rccIting the full condition OF the
title and all interests OF every Kind
that any and every one has therein,
District Court TO investigate and de-
I clare the title or interest OF the nppll'
I cant In the land referred to. The pc,
tItlon and the abstract are both iilctl
with the clerk OF the District Court.
No other court In this state has any
Jurisdiction OF this proceeding. ON the
ming OF that petition the applicant
pays to the clerk OF t.ic court n docket
Zee OF 81 In counties having more than
10000 population. and In counties hay
Ing less popuintion the docket fee II
So. That sum Is In full payment OF
all clerks fees and charges In the
proceedings ON behalf OF the applicant
! The clerk OF the District Court there
upon dockets the ease In n book to be
kept for that purpose. and known rs
the Land Registration Docket" Any
defendant ON entering his appearance
shall pay TO the clerk the sum OF s.
which Is In full payment OF all ices
on behalf OF such defendant. In all
! counties.
" hen the owner OF registered prop
crty sells his land, he makes out al
ordinary deed, Iult.claim Is Us good
ns warranty. because the deed Is
merely contract OF sale that does not
| OF itself transfer the title. The ven
dor delivers the deed aud his ccrtlii
cate of title to the purchaser. IN,
purchaser takes that deed and ccrtifi.
cate OF title TO the Registrars office
hcs his deed and leaves II with the
Registrar chat officer files and keeps
| IL. but does not record IL. surrcnders
| his certificate for cancellation, the
registrar makes the proper entry IN
| the ''Itegistcr of Titles" and makes
out n new certificate to the purchase. q
then upon the payment of 50 the whole
| transaction is closed. A sale and
transfer of any real estate can thus
be safely made In n few minutes.
II the owner of certificate of title
wishes to mortgage his property, he
makes out an ordinary trust deed or
real estate mortgage and files II (bui
does not record iU In the registrar s
office and presents his certificate of ii.
tie to the registrar. The registrar
| makes the proper notation of the mort
| pge upon the owners certificate and
also upon the register of titles and
issues n duplicate OF the owners Ger.
l.ncate,. showing such mortgage. to the
| mortgagee or beneficiary. That Is call
ed the mortgagec's duplicate. He pays
the fee and that transaction is closed
Upon the payment or the Indebtedness
release deed Of trust, or release OF
the real estate mortgage together with
| the "Aiortgagee's duplicate" IL pre-.