The Irish standard., 1905-04-08
THE TORRENS LAW.

lnefe seems 10 De 4 sustained en-
deavor on the part of some to dis
courage people from employing the
rorrens' Land Registration Law. The
last few days in the public press there
have been statements made over and
over again in reference to the effect
OF Judge Brooks decision recently
made. We think that we have more
intimate knowledge of the particular
case under discussion than those who
wrote the various articles referred to
or We were connected with the case in
some of it's stages. The decision of
Judge Brooks in no way effects the
validity of the law nor does it throw
any other light upon the operation of
the law than every lawyer was
familiar with before. Judge Brooks
simply decides that the owner of the
land who made the application for the
Torrens' Registration in that case
swore falsely and procured his Decree
of Registration upon a false applica-
tion and upon false evidence; thai
there was fraud in the procuring o.
the decree and that fraud vitiates q
Judgment of the court The decision
goes one step further and decides that
the man who pretended to purchase
from the one who had the title reg
istered was simply a fake purchaser
and not an innocent party, and that,
therefore, he is in no better position
than the one who fraudulently secured
the Decree of Registration. Judge
Brooks decision is simply to the effect
that people will not be allowed to usS
the Torrens' Law for the purpose OF
defrauding others.
1t remains true, nevertheless, that
a title registered under the Torrens'
Law is the very best title that can
possibly be secured for it depends up
on judgment of court of competent
jurisdiction based upon evidence tax.
en- before that court upon full and
complete examination OF the records
made by an attorney and paid by the
state If the proceeding is rightl.s
ton of the rights of everyone in all
the world up to the time of the decree
And the law provides Il method after
the decree which makes it imnossib >
for forgeries or other similar frauds
to be committed upon the title.
There are two classes of people in
this community opposed to the further
extension of the Torrens law. The
! first class is composed of those VIII,
abstract companies. insurance com.
panies, and title lawyers, all of whom
realize that should the Torrens law
be put into general use, their business
would be destroyed. The second class
consists of the ultra-conservatives in
the community: persons who are
welded to the established order OF
affairs and who are always the lag
CARDS in any movement. Some of oui
district judges belong to the lattei
class. The Torrens' System of Land
Registration has come to stay because
it is distinct improvement upon oul
cumbersome methods now in genera
use. When the people become familiaI
with its operations they will no longer
listen to the title companies and title
lawyers In the latters' efforts to dis
courage the employment of the Law
The System is UNNECESSARILY superior
to the present one in the security tina
it gives to the owner of the property
There was never any title insuranc,
company in existence whose policy o
insurance would have provided agains
la fraudulent application or falls,
statements in the application apo,
which the policy is based. There nevel