The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-09-21


Deals.
Mr.. Wilton II. Earle who was re-
Gently elected to the House Of Repre-
sentatives from 0reenville county,
was interviewed yesterday by a re-
porter of The News. and had the
following to say with reference to
the Torrens System of land registra-
ton. which he advocated upon the
stump throughout the county:
Our American system was suggest
ed by the statute Of enrollments at
the time of Henry VIII. The Ameri-
lean idea is to place a record of title
In a. public Office within the reach
of everyone. The idea permeating the
system is. IL the record title is cor
rect, everything is all right. But
the record Is simply copy of an or.
iginal instrument. When an individ-
ual desires to purchase real proper
ty. 1t Is necessary for him to 20 TO
an attorney, and have the title ex-
amined. The attorney charges q
fee, which to a considerable extent
Is proportionate to the value Of the
land. Just as often as the land is
sold each new purchaser must have
the title examined by an attorney
and there Is this constant attorneys
fee upon the land; and If a parti-
cular piece Of property is transferred
very often, the aggregate attorneys
fee Is considerable, and after the title
is examined. and is pronounced cor
rect there Is a great chance that
there Is some defect. The abstract
that an attorney should make should
contain patents from the government
deeds and judicial proceedings re-.
lating to the property, like petition
suits. petitions to quiet title, all no.
tices OF liens, execution sales, lis PEN
dens. mechanics liens. and notices of
special assessments. A great many
defects might be on the title to prop
erty. and yet the record is correct
For instance the recording of q fOrg-
ed instrument has no effect upon the
title, and the innocent purchaser
takes the risk of forgery, and the
record title certainly cannot show
this. The records do not disclose the
infancy of the grantor. nor whether
the grantor in the conveyance was
or was not Of unsound mind. A good
record title may be defeated because
one of the grantors was an infant.
And the question Of a subsequent
will having been made, may defeat
good record title
To remedy the very many defects
Of the so-called American system sew
eral OF the most progressive States
have adopted what is known as the
Torrens System of registration of land
titles. This system was introduced in
the South Australian Parliament in
1887 by Sir Robert Torrens, and was
enacted into law. Massachusetts, has
this system, so has Illinois, Mime
sofa, California, Oregon, Colorado and
some other States. The system pro-
vides for the registration of title ra-
ther than the recording of instru-
ments affecting title. Under this sys-
tenn title passes by the entry Of the
transfer upon the official register,
and not by the execution and deliy.
cry OF deed. The system is very
simple In comparison with what we
now have. The two prime objects Of
the system are: G Certainty and
Facility In the proof Of title, and (2)
simplicity in dealing with lands af-
ter the title is first proved. The
hrst way in which this is hoped to
be accomplished Is by the issuance
OF the certificate of title. This Is an
instrument which authoritatively
shows on its face that the person
named therein has a specific estate
IN a specified piece Of land. All
boundary disputes. it is hoped, will
be settled once for all. The first
step Is to procure the issuance OF this
important document called the certi-
facte of title. This Is a new docu-
ment in the law Of real property in
English speaking countries. No such
document has been known to the
English or American law Of real
property until this system was adopt
ed The proceeding to procure this
uocumeht Is set in motion by an ap-
phcation. The applicant makes ap-
phcation by a sworn statement. The
first thing to be shown when the APP
pllcation Is made is To give notice
10 those who NAV be Interested In