The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-09-29

vi intPrt,i
Gentlemen; | desire to explain that
system OF land registration known as
The Torrens' Land System" a sys-
tenn of registering titles as dlstin.
guished from registering evidence of
title such as deeds, which system
brings about our cumbersome, expen-
siye and uncertain abstract system.
The Torrens' system had it's origin IN
Australia in 1864 1t first came TO the
United States and received official
notice by Governor Russell. of Massa-
chusetts. where It is in force in its
fullest vigor OF any state in the Amer.
lean Union; although It is in force In
modified form in the sc.tes OF Cai..
lornia, Colorado. Minnesota. Ore.
gon and Washington and by The
Philippine commission aud acts OF
congress has been adopted IN Hawaii
and the Philippine islands a copy OF
rhieh last laws have in my posses
sion. IL was offended thrOughon- the
German empire by the code OF 1900
10 is also in Denmark. Austria and
Hungaria and most OF the cantons of
Switzerland, the county of LONDON
England, and In most of the provinces
of Canada in fact, in my opinion The
law as II Is im force in the province
Of Ontario is the best on this cont.
nent Y IS In force in some form
In all of these staten Notwithstanding
the stubborn opposition with which u
has been met by the abstract com
panies and by land attorneys When
once understood It is irresistible, be.
cause I is the one law, and the only
one with which am acquainted. upor
which the richest man IN the state ms
we'll as the poorest in the state unite
their endorsements. 70 is true ii Is
huriful to the abstract system and
they fight it. 1t is hurtful to the
land lawyer. and OF course, he fights
it; however, for the first generation
It will assist the land lawyer and give
him an increased amount of litigation
that is, until the system is complete
ly installed. after which a land suit
involving title is practically unknown
Suits,e of course, will occur to fore
close liens for taxes and for the loan
OF money, and also to probate wills
and estates, but the title is at every
stage known to every citizen who
can read-not so with the abstract,
system. BY the method of abstract
ing generally in force in the United
States, everything is uncertain and az.
tended with great expense any
farmer or business man desiring tc
purchase land first demands of the
land owner to procure an abstract
which usually C SITS S100 page with
the minimum price Of $500; there Is
one page for every transfer, hence
in the course of a hundred years say
there may be 20 .or 100 or more Of
these transfers each costing 80 cents
TO $1.00 a page; every step since the
beginning OF the sale OF that land Is
recited in an abstract. A friend Of
mine recently told me of one abstract
IN the state of Kansas that cost him
81 10000. There was an abstract
made out in the City of Mexico q short
while ago that weighed 500 pounds
and cost many thousands of dollars.
The next step of the purchaser is to
present that abstract TO lawyer and
retain him to look Il over and render
an opinion as TO the title. The law
yer does so and gives an opinion that
may be good and it may be absolute
N worthless; the man goes upon the
land, tperhaps it is unimprOved) he
builds a home upon II and after he
is fixe6 and feels that he is safeiy
anchored once in home. Years rolled
by; a defect IN the title is discovered; f;
the real owner sued him for posses
sion; he goes into court, is defeated
in the first trial. he sells some Of his
/ personal property and appeals the
case and hires additional counsel; he
/ loses again and goes to the supreme
court where he loses not only the per.
/ sOnal property which he had to spend
/ for attorney fees and court costs, but
loses his case and his home. This Is
not oyerdrawn, hundreds Of occur
rences of this kind have happened. IL
Is not an exception even 70 the rule
l II Is the rule. Again, under the ab
I straet system man desires TO Dor
row some money quickly TO save him
perhaps from financial ruin; he goes
to the bank, the bank Is afraid Of the
( title, the bank has no certain means
Of knowing especially at the moment
perhaps by reason of not being able
to get the loan when he had landed
security he meets with financial ruin
Now, the Torrens system is the re
verse. II is not a registration OF deeds
and evidence of title. It is an absolute
register Of title. First, however, the~,
must be a trial to determine the
ownership and then all deeds are can
celled and all except loans or lien
upon the land; a certificate is issueC
10 the owner for the decree and afte
that there is never but one outstand
ing certificate and that certificate
shows every condition ri title An.
man as soon as he sees the certifi
cate and it is marked "rorrens Land
knows that It is good. il IS just Al
sound and as safe as buying a govern
ment bond; IN fact, the Wall Stree
Journal last spring said THAT tn
Torrens Land Certificate Is the safes
! security that conld be made bg law
have but recently a letter from tn
Governor General Of Ontario. in on
Of The provinces Of Canada IN whicl
We said "Of all the many things o
which We are proud in this proyinc