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

register Of title First however. these
must be trial 10 determine the
ownership and then al deeds are can.
ccllcd and all except loans or liens
upon The land: a certificate Is issued
TO the owner for the decree aud after
that there Is never but ono outsland-
Ing certificate and that certificate
shows every condition of uilo. An,
man as soon as he secs the chuh
cato and Il Is marked rrorrens Land
knows that II is good. IL Is Just as
sound aud as safe rs buying govern.
ment bond in fact. the Wall Streci
Journal last spring said THAT The
forrcns Land Certificate * the safest
security that could be made by law"
havr bul recently a. letter from the
Governor General OF Ontario. In one
of he Provinces of Canada in which
he said 4Of all The many things of
wkich We are proud in this province
sc are most proud Of our Torren's
Land Law" Now. suppose the hold
GER of Torreus Certificate desired 10
borrow some money upon tract of
ldO acres of land, say $4,000 ana he'd
20 TO Representative Briggs bank
over here and say desire to borrow
$4,000. Mr. Briggs would say. Is your
land abstract land or Torrens'2" II
he should reply abs,ract Mr. Briggs
would say ! would like to submit that
TO my attorney first; and perhaps al
the end of week he might get an
opinion and then refuse the loan, hui
if he said IFS Torrens he would say
let me see The certificate The mo.
ment he looked upon the certificate
he knew every condition OF the title
Without a single cent OF expense Now.
the only thing he would want to know
would be the Kind OF land or about
what the land was worth If he knew
If the land he would be ready then.
rs he would ever be. TO make the loan
because he would know the whole
joVer of the state was behind that
property TO protect the tile Now
suppose he would loan the $4,000.
he owner would have that certificate
ancelled on the clerks records and a
ew one issued TO the owner. whom
we will suppose TO be Representative
Rainey here, on the face OF that Ger.
ificate issued TO Ramey would De
his statement "G. w Briggs holds
i first lien for the sum or $4,000 on
his tract OF land" Then II Mir
lainey would show that certificate -
nyOne % could be seen easily what
he condition Of the title is, thatjs .
say, that the title in fee belonged 10
l. N Ramey of Atoka, but that G..
" Briggs, Of Granite holds a first
en of $4,000 Now suppose M.
iainey at later date would deslye
borrow $4,000 and he should go 70
representative Robert Johnson's bank
the town Of Chickasha. Mir John.
on would ask what kind Of land Is II,
abstract" or "Torrens'?' Mr. Rainey
would answer It Is "Torrous" Thea
would ask To see the certificate,
hen Johnson looked AZ the certificate
would know the condition Of the
itlc and the only question that he
iould want O know Is wheihor on not
he land would stand ono more hul.
lrod dollars. II he knew, from travel.
ng over the land or from bki person.
] knowledge previously gained II 20
G valuable land he would be as roady
hen as he ever would be 10 loan on
hat piece of land Should he mako
he loan that certificate would bo can.
,ellcd and a now orc issued showing
hat land belonged to r. VI Raincy.
hat lbe first lien was held by G. w
Briggs for Sl00.00, and that second
len WAS held by Robert II Johnson
or 10000. Now az Mr. Rainey paid
lti that lien he same process OF can.
'elllng the certificate aud the iBsu,
'ncc OF nav ones eliminating the pas3
neuts until all had been paid aud 40
iens cNisiing, there would not be any
mortgages flied, bu, all liens would
'hOw themselves on the face OF thu
certificate Tic Transfers mnde would
osi The ordinary fee Of 80 cents ol
il00 of getting certificates OF any
natter on copies Of ordinary ceriifi
utes of any matter Of record. n Is
usi simple. and indeed works on The
anne plan OF transferring stock IN q
7 corporation on the books of The com.
amy, except the land is transferred
nthe books OF the Torrcns' Land Rec
rds by bonded officer OF the state,
suallY made by the register SO deeds.
low opponents OF This system when
hey make an argument against N they
egih 40 reciie that II is declared un-
constitutional IN illinois and ono.
'es lhat is true True because there
vas some kind Of sympathy in one
instance, between the lawyer and the
jurt in others tccause the stale con
tiution bus % has been tested before
De supreme court of Massachusetts
lnd has gone % The supreme court Of
he United Siatcs IN The case where
in the supreme court of the United
states has said hat Dc complied with
be due process of law OF the land
iud mat 81 did not Violate Jhe cons,i
tuition of he United States, II 30 did
not violate the constitution OF ne
state. 81 was declared uncInsuip-
iional in Illinois because there WAS la
dicial powers placed upon thc clerN
although % Is ia force In defective