The San Francisco call., 1906-07-08
TITLES. To REALTY
need BRACING
BY courts
Constitutionality ofNew
Law to Be Tested by
the Supreme Tribunal
THOUSANDS OFSUITS
One Bank Attorney Says
Action MustBe Taken
by Every Land Owner

by Every Land Owner
Lawyers, bankers and real estate men
are watching eagerly for a chance to
test the law enacted by the California
Legislature to quiet titles to property
in San Francisco. the records having
been destroyed by fire. There is wide
difference of opinion concerning some
features Of the law, but a general
agreement exists among attorneys that
1t is of the utmost Importance that the
Supreme Court of the State, and also
the Supreme Court of the United States,
II necessary, shall pass upon the con-
stitutionality of the new statute, in
view of the vast property interests in
San Francisco.
Combinations of lawyers are forming
to act officials of savings banks have
held consultations with their regular
attorneys. Business men have asked
bankers whether they would loan
money on property on the basis of
court decision under the new title.
The answers have varied. One of the
most conservative bankers in San Fran
cisco confessed yesterday, in conversa-
tion with a reporter of The Call, re-
questing that his name should not be
used, that he did not know what he was
going to do, but that he would not
counsel any one to bring suit at this
| time under the law.
On the other hand. an attorney for
another bank has expressed the opinion
| that 1t will be necessary to bring suit
to quiet title in the case of every parcel
of real property in San Francisco.
So warm a controversy, with such
great interests at stake, has seldom
/ ~ -
the County Recorder is thronged with
people who are taking what they con-
slider to be the best step. having deeds
! that escaped the fire re-recorded.
| Two-THIRDS OF DEEDS BURNED.
Two-thirds of the records of deeds
TO real property in San Francisco were
burned in April. Many persons do not
know, without visiting the Recorders
office, whether the books in which they
were Immediately concerned have been
preserved. Where the books are gone
the re-rcording generally is ordered
Judges of the Superior Court have
| considered personally and informally
the nature of the evidence that they
will require to establish title dating
| from the year 1906. Certain attorneys
claim that the conclusion that Judges
reach on this point will be of the ut
most Importance. This is said in view
| or the Possibility tHdl QccuS iidy uc
| fraudulently passed and that some
fraudulent transfers OF property may
| be effected under the new law.
Garret McEnerney, who advocated
| the new law, said yesterday that it was
possible that some wrong might be
wrought: but he also said that some
thing had to be done, In view of the
loss of records Probably there were
citizens who did not approve when their
homes were dynamited to stay the fire.
The general consensus of opinion. he
| said, was favorable to dynamiting un-
! der the circumstances attending the
| fire So it would be in favor of the re-
creating of titles by the method pro-
vided, even if some few persons were
! injured.
Concerning the question of constitu-
| tionality of the new title law, Mr.. NC
Enerney said that the doctrine laid
down in an opinion reported In the Su-
preme Court Reporter, as delivered by
Justice Blackburn, was satisfactory to
him. In part the opinion follows:
No such imperfections (relating to
| power to cite residents into court
to prove title) attend the sovereignty
| of the state. 1t has control over prop
| erty within it's limits; and the condi-
ton of ownership therein, whether the
owner be stranger or citizen, is subjec-
! ton to its rules concerning the hold
| Ing, the transfer, lldOiilly " opiiSd
! tions, private or public. and the mode
of establishing title thereto.
PROPERTY rs IN DANGER.
Emmet Rixford, attorney for the CAL
| ifornia Title Insurance and Trust Com
pahy. disclosed some of the objections
| he had to the new law.
Under this act said Mr.. Rixford,
| practically all that man has to al
| lege so far as his title is concerned is
| that he is in actual and peaceable pos
session of piece of property; but he is
not compelled to show any other title
than a deed, which may be fraudulent.
Complete deraignment of title is not
required No person is sued by name.
Only the land is sued. The plaintiff in
suit can plead Ignorance of who the
defendants are and he does not have to
name them An absent owner may not
know that he is a party to suit and
so may lose his property What is
there to prevent a man from getting
deed fraudulently and going into court
with it? Many lots are vacant and the
owners are elsewhere. Two cases of
execution of deeds to which the real
owners of the property were not par
ties have taken place since the law was
passed of which / have knowledge. In
the Illinois act the interests of minor
and incompetent persons are cared for,
but not in the California act. No man
will feel safe until the constitutionality
of the law is settled.
Lowell White, cashier of the San
Francisco Savings Union, said that he
understood that the cost of bringing
suits under the new law In San Fran
cisco would be 81 100000 at least