Omaha daily bee., 1908-12-27
MOVE FOR ToRRENS LAW
Kansas City Real Estate Exchange
Urges Reform in Title
Registration.

The Torrens sytem of registering land
titles received a big boost in Kansas City
when the Real Estate exchange, after lis
tening to addresses or the subject at its
monthly dinner at the Hotel Baltimore,
voted to make permanent the special COM
mittee which has been Investigating the
law and to persevere in its efforts to pass
a Torrens bill through the legislature at
the coming session.
The exchange listened TO a report from
e. +. Allen, chairman of the special COM
mittee, after which talks were made by
Judge Henry l.. McCune, Judge j. II. Haw-
thorne and C. w. Clarke. Mr.. Aliens re-
port contained extracts from numerous
letters received by the from
attorneys, trust companies, real estate
dealers and abstracters in different parts
of the country, where the Torrens sys-
tenn is in force, and all were strongly
favorable to the law and its workings. The
report concluded: The question is not,
will the system work and prove satisfac-
tory. because that has been demonstrated
The question is rather, will the great pc
cuniary interests, which have grown up
and drawn their living from the faults of
the present system prove too strong for
us?"
Judge McCune, who drafted the bill for
a Torrens law, which the Real Estate ex-
change attempted to pass through the leg
~islature six years ago. gave a brief history
of the origin OF the system and explained
its theory and workings,
I'VE are all aware of the defects Of the
present system" he said. Some of us
have suffered from 1t and some have
profited. Perhaps the profession to which
I belong will suffer by a change, but /
believe that lawyers as a class are con-
WINGED that a change is necessary and will
not oppose 1t. | have many good friends
among the abstracters and they, too. as a
class may suffer by a more scientific
method Of doing the business upon which
they now depend for a living. But these
are not good reasons for opposing a great
reform. / have many friends among the
undertakers, but if 1 should discover an.
elixir of life l should not hesitate to put
them all out of business.
1.-THE theory Of the Torrens system ls
that the title itself is registered and not
the evidence OF it, as under the present
system, The certificate issued by the
registrar is the title itself. The procedure
is simple. To convey a title. the owner
must appear in the circuit court, which is
for this purpose a court OF chancery. He
files with the court a description OF the
property and the names OF all persons who
are interested in 1t, and swears to IT. The
court refers It TO an examiner. an officer
corresponding to our recorder of deeds, who
makes publication Of 1t and serves notice
on all persons Interested. On a day set
such persons may appear and show cause
why the transfer should not be made. The
court then passes judgment and the regis
trar Issues a certificate-or title-which is
conclusive after two years. A tax Of one
tenth OF l per cent on all transfers is col
lected TO maintain an indemnity fund. out
OF which judgments may be paid 20 any
heir or other person who may establish a
claim against the property after the eXpira-
ton Of two years. But after that period
the title cannot be assailed. Under the
Illinois law, as In effect in Cook county,
the county is responsible and must pay such
judgments out OF any public funds. To