The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1910-09-21
SUMTER, ). @, WEDNESDAY, SEPTEMBER q 1o1c

Hldtter OF title to land once and for all
and make it conclusive. The court
orders that the title Is in a. certain
man; 1t orders that it be entered on
the books. and that a duplicate of
what Is entered upon the books be
given to the man taking the title.
which Is called the certificate of title.
In Massachusetts, this Is conclusive
against all the world after 80 days,
except In q few cases where one
year is allowed. In Illinois, the de-
cree Is conclusive only against those
who are parties. and two years are
given to those who desire to present
adverse claims.
If the decree is conclusive, and If
this certificate establishes the title
indefeasibly in the person named.
then purchasers may regard this as
conclusive and rely upon the simple
record OF entry. Indefeasibly Of title
Is aimed at under the Torrens sys-
tenn.
The next important feature is the
subsequent transfer and dealing with
the land. This is one of the essen
tial characteristics Of the whole sys-
tenn. The Torerns acts provide that
the obtaining Of a decree of regis
tration, and the entry Of a certificate
Of title shall be regarded as an agree
ment running with the land. and
binding upon the applicant, and all
his successors. and that the land
shall be and ever remain registered
land and subject to the provisions Of
the act. The land is dealt with
thereafter as registered land. We
have an analogy to that in the trans
fer Of stock in corporations. The
stock is transferred only upon the
books Of the company. The certifi-
cate Is only evidence of the owners
title. When title to stock is transfer
red, the certificate is surrendered and
cancelled. In adherence to this prin-
ciple, all dealings with the land must
be upon the registery.
Another feature that exists in the
system Is in regard to the transmits
sion of the property upon the death
of the owner. where it is transmitted
by operation Of law. The land vests
in the devisees, or heirs. The diff
ficultv is ram ovad l,,, ,ot&to,r ~ ~.a~>
erty pass on tine owners death to
his executors or administrators to be
dealt with the same as personal
property. The act provides that up
on the death Of the owner, the land
shall go to the personal representa-
tives the same as the personal es-
tate, and be subject to the same rules
of administration, except as other
wise provided by the act. The execu-
tor or administrator shall file in the
court a certificate of heirship.
There is another characteristic fea-
ture, and to many this seems to be
the chief characteristic, the insur-
ance feature. Torrens suggested an
insurance bond. In Illinois, it is one
tenth of one per cent, and this is to
be used to indemnify those who
thereafter may prove their claims to
be good against the land.
The general principles of the sys-
tenn are as follows: G) Public ex-
animation Of title; (2) Registration
OF title after this examination; CD
The issuance Of the certificate Of III
tie; CD The re-registration Of title
on each subsequent transfer; 60
Notice upon this certificate of any
matter affecting the title to the land:
(6) Indemnity fund providing for
loss.
Mr.. Earle says that men Of expert
ence are in favor Of changing in some
way our present system, and in the
recent canvass of the county for the
House of Representative he advocat-
ed the Torrens system, and the sys-
tenn has been endorsed by the Far
mers' Union Of the State. Mr.. Earle
Will introduce a bill embracing the
best feature Of the different acts of
the different States that have adopt
ed the Torrens act, at the next ses-
sion of the legislature.-Greenvi
News.