The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-09-28
TORRENS
AND
SYSTEM

Now that voters are beginning 10
study state propositions to be voted
ON November 3. The speech OF lion
Wm II. Murray OH the Torrens lanrI
system. s'ae question SO. .. vii be
VI niert,;
Gentlemen: | desire TO explain that
system OF Land registration known as
The Torrens Land system" sys
tenn of registering titles as disln
guished from registering evidence d.
title such as deeds. which system
brings about our cumbersome. expeg
slve and uncertain abstract system
The Torrens' system had its origin i
Australia in 1854 II first came 10 the
United States and received official
notice by Governor Russell, OF Massa
chusetts. where it is in force in its
fullest yigor OF any state in the Amer
ican Union; although II is in force e.
modified form in the states of cal,
forrda, Colorado Minnesota. Ore
gon and Washington and BY the
Philippine commission and acts
congress has been adopted in Hawai-
and the Philippine islands, a copy O
which last laws I have in my posses
sion. II was extended throughout the
German empire by the code Of 1900
1t is also in Denmark Austria anG
llungaria and most of the cantons
Switzerland. the county of London
England and in most Of the province
Of Canada; IN fact in my opinion h,
law as II is in force in the province
of Ontario is tho best on this cont
neul II is IN force In some Torn
! IN all of those states Notwithstanding
the stubborn opposition with which
| has been mot by the abstract con-
panies and by land attorneys Whoi
once understood IL is Irresistible. be
cause II IL the one law, and the onl
one with which am acquainted. upo'
which the richest man in the state al
we'll as the poorest in tho state unitt
| lhcir endorsements. II Is true ID &
they fight IT. II is hurful to the
! land LAWYER and OF course. he fight
| it, however. for lhc FIRST generation
II will assist the land lawyer and give
hhn am increased amount Of litigation
that is until The system is complete
~ Installed. after which land sui
involving title is practically unknown
| Suits Of course. viii occur TO fore
close liens for iaXea aud for The loal
Of money, and also TO probate will
and estates. but the title is q, every
stage known 10 every citizen wht
can read--uot SO with the abslrac
| 81.
ing generally in force IN the United
States everything is uncertain and a,
tended With great expense. An
farmer or business man desiring tt
purchase land first demands OF ihc
land owner to procure an abstrac,
which usually costs SIOO page Will
the minimum price OF $500; there 81
one page for every transfer, hencf
in the course OF hundred years sa.
there may be 20 or 100 or more o.
these transfers each costing 80 cents
TO Sl.00 a page every step since the
beginning of The sale OF th,.t land &
recited N am abstract A friend 0f
mine recently told me Of one abstract
in the state of Kansas that cost hin
81 10000 There was am abstrac
made oaf IN thr city Of Mexico q shor
while ago thal weighed 500 pounds
aud cost many thousands of dollars
The next step OF The purchaser Is "a
present that abstract to lawyer and
retain him 10 look 10 over aud rende
an opinion as 10 The title The law
yer does so aud gives an opinion that
may be good and &c may be absolute
by worthless; the man goes upon the
land. lperhaps it rs unimprovedl he
builds a home upon u and after he
Is fixed aud feels Thar he is safe
anchored once in a home. Years rolled
by; a defect In The title Is discovered
tho real owner sued him for posses
sion; he goes into court, IS defeated
in the first trial. be sells some OF his
personal property aud appeals the
ease and hires additional COUNSEL he
loses again and goes 10 the supreme
court where he loses not only the per.
sonal property which hc aad 10 spend
for attorneys fees and court costs, but
loses his case and his home. This Is
not oveldrawH, hundreds OF occur
rences OF this kind have happened. it
Is not an exception even 70 the rule.
u Is the 7llo. Again. under Tie ab-
siract system aIan desires 10 bor
row some money quickly TO save him.
perhaps from financial ruin; he go
10 the bank, the bank Is afraid OF the
title. the bank has no certain means
OF knowing especially al the moment
perhaps by reason OF not being able
70 get the loan when he had landed
security he meets with financial ruin.
Now. the Tofreus system is the ~.
verse, II Is not registration Of deeds