The watchman and southron. [volume] (Sumter, S.C.) 1881-1930, 1913-05-31

smali-start Proceedings Before
Your County Clerk Of Court.
For the purpose OF this article 4,
Ia unnecessary tn trace the origin OF
the Torrens system or To write its
history. or tell of its success In other
countries or States. IL is practical
progressive legislation which can be
made great blessing to North Caro-
lima.
The Torrens system. az enacted into
law In North Carolina simply provides
for the assurance or guaranty OF a
title and its registration I'm the office
of the records Ira the county in which
the land Is located. The passage of
such a measure was urged by the three
most influential organizations OF our
State. the Farmers Union, the Bank
-ers' Association, and the Bar Associa-
ton.
body at Morehead City last July. It's
President. Hon. Francis ID. Winston,
In his address. referring to the pro-
posed legislation submitted by a com
mittee appointed for that purpose.
used this language:
Throughout the State, there Is
strong demand for the adoption OF
system that will make more secure
our land titles and make the transfer
or land less cumbersome and expen-
sive. The ordinary mind considers
that n note for "a million dollars can
ne assigned without cost. The ordi-
nary mind inquiries why should there
be great cost In passing title to half
an acre Of land?"
That IN the heart of the system.
Its purpose primarily Is to max the
title secure; afterwards. to provide
for cheap transfers. Unfortunately
when any system is changed, IL Is
necessary that there be many pages
TO set out the methods OF the new
system; In other words. to tell how
To do II. For this reason. the law Is
OF some length. and To many appear
emily cumbersome. However, this
really is not the fact.
How IL a Title Assured or Guaran-
teed?
Naturally this IL the next question.
This is done by n special proceeding
rosecuted an the courts. To the ay-
erage mind. the term. special pro-
cee6 ng." may appear to be rather
formidabie. Hut not 40. Under our
system OF practicing law. there are
two kinds OF reniedies-actious and
special proceedings. The first Is
brought To the terri OF the court and
tried at n term. Special proceedings
can be brought any day In the year
except Sundays before the Clerk Oh
Court. and his office Is always open.
Now Let Us Observe Some Require
ments.
The summons In issued against
every one whose land joins the tract
OF land. the title OF which Is sought
To be guaranteed and assured. and
the proceedings IN really agains, all
the world.
The petition IL filed containing q
description Of the land. with plot
corners are marked by permanent
iaarkers; the petition must show tn,
title and All interests. liens. equities
claims adverse or otherwise, vesteu
or contingent.
The addresses 0f all persons inter.
ested. including adjoining owners anC
occupants must he given.
IL the metes and bounds cannot b,
given. the Clerk may order a prelim
mary survey.
This summons is served upon al
upon whom service can he made b,
the sheriff
IL there are no disputes abou
your lines or title. those made par
ties or defendants may file IA dis
claimer, that u.s. they may come int,
court ana say that they have no In
terest I'm the land of the party seek
ing tO guarantee his title.
If there are those upon whom sum
mons cannot he served. the summon
Is published as now required by law
but the publication goes farther ]
gives notice: ITO whom II may con
Germ" Pui!i"atiDn IN made In ever.
case.
Of course, if there are disputed