The Guthrie daily leader. [volume] (Guthrie, Okla.) 1893-1996, 1908-10-29
MURRAY
TELLS Of
TANGLED .
TITLES

IiShOnungO NOV. 2g--PCrmit me to
cply tc criticisms made that state
question No. ?, the Torrens land sva
EN-. will subject the state to bank
uptcy on mt least the old Oklahoma
Territory portion. on account of thf
tangled titles" on the Indian Terri
ory side. This is Enthusiastically sent
at by the abstractors and real estate
torncya who are mQhing a gum shoe
dmpaign, knowing Chat they can NOT
ONE out in the open and fight this
question. Now any lawyer knows that
he greatest danger which bcscts the
purchaser is some minor hcir, espcci
lily wherc the owner lives in another
tate AMI has neglected to look after
ne land while some enterprsing graf
cr IN the state creates q chain of title
nd sells the land and after sold aud
approved then a minor heir comes IN
nd nakps claim TO the land through
$ guardian. These are the instances
here danger lies. There is, infinitely
1ore danger OF this kind of cases on
he Oklahoma side than there Is on
his side, because !, has only been a.
hort while since lands could be sold
Il all on this side OF thc state, and
he owners all live here because they
rr largely Indians.
There nrc two classes of bad titles
the former Indian Territory First
lowcvcr, let me explain that many
-hen have bought land from full bloods
Notwithstanding the law has said that
he full blood could not sell because
hoy could get this land M two or three
iollars Dcr acre. realizing that the
ands in one or two years would re-
turn that amount In rentals. This *
rot question of title but a question
u speculation. Their only hope Is TO
1Old the land as long as they can
The Torrcns land system would put
his class out of business. because the
forrens court would declare. in obedi
nee TO the law, the owner TO be the
Ull blood. The two classes OF bad
tie rise cut of the purchase OF dead
indian claims and from mixed bloods
nd intermarrieds where the husband
nd wife had separated and the pur-
base made from orc of them without
decree OF divorce having been is
ued II is purely a question OF low
ome lawyers would assure the puI
haser that The title was safe while
Tiers saw they could not sell Men
ave mnle purchases whore II seems
he legal status is not settled. Now
II a TOrrens land court could do. or
NY other court for that mater. would
7e TO pass upon the law as to whether
MS purchase was la obediance 10
lw When thar was done il would
nd the question entirely, and there
ould be no danger OF calling upon the
tatc TO guarantee this title because
he t1tle IL purely a question of law
he legal question being settled the
ne w0Uld be settled. one of the main
rasons for the TOrrens land system
It this time is TO prevent bad titles
leing created In the future on this
de of the state. and not on account
If bad titles existing
Now lot me explain the practical
peration of STRENGTHENING the titles
'nder the fOirens land system. The
Gorrens court, whore a suit is filed to
determine the title upon giyen piece
y land. must direct service to be had
pon all adverse claimants. together
with all residents ON the land and all
ersons living within three or four
niles o. the land, and on all persons
Who have IN the past owned the land,
nd In addition a publication is made
tho NhCle world mat upon "A Ger
ill be determined IN the Torrens land
ourt, and that notice Is TO the whole
world 90 come ia and contest for tho
iile, Under such a system. whore SO
nanv are served, together with the
'dbiicalion made. the voter can rest
! 'ssllrcd that when that case rs tried
he rlghtful owner OF the land viii be
pnnd This Is why there never bas
1een case where the state has lCt
~ the title. Now remember again
| hai when the court decreos She result
# that Trial there is q limitation period
% some jurisdictions Of ~ months. and
iome Of two years. In which any por-
on may come in and contest for tho
| iitle al tho trial who were not before
The court ON tho FIRST trial. after which
lime all suits are barred by The sta.
iute of limitations, just like suits on
notes and accounts are barred " tho
note or account is not collected or
sued upon within a given period Of
ime You all understand how that is
go after that period OF I 2 months or a
rcar runs. or whatever the law of Ok.
lahOma would make H. the READ owner
could not recover even granting there
was a mistake made in the titlc at the
b'lal in the first instance. After that
period the state keeps up with the
lille and knows Il al every siage-the
condition OF the title--because the
baEsiers must be made upon the books
= iho register Here Is whore the
land grafters among the Indians DO
not like this syatom Tho land graf.
er could not get a transfer upon the
books of the register by getting the
. dian drunk In other words he
wouldn't so on ia the back woods with
an Interpreter and make a trade per.
laps by insirucilng the Interpreter TO
liril him the wrong thing or by get
Ting him drunk on Otherwise. because
the law prohibits the registrar from al.
lowing such transfers where either
party Is drunk This In Itself permits
tfho farrnar husfuaaa man or nfhat tosf