The farmer and mechanic., 1913-01-07
PROGRAM OF CONSTRUCTIVE LEGISLATION :
THE. TORRE.NS SYSTEM
No. 1.
tny HENRY r.. LITCHF'ORD.

our land laws in North Carolina are
practically the same today as they !
were hundred years ago. If We
would keep pace with the rapid
strides our people are making in all
lines of activity, they should be
changed, and il appears that our peo-
pie are awake TO the necessity.
incia, IncIclants, istwyciS, cdl-
tors. ana others nave all spoken anu
naNc sa,u SUBJECT wnicn
snouiu ,laln the careful anu earnest
.ttteu,icu oI our next Genera Assem-
my.
inat North Carolinians will wei
come an inupI oN Neineut III our preoeiit
NutrIuateu, cOmpucaJtd, cumbersome,
wastvlul ana costly meInods lS I, Idct
no one VIII gainsay. lney are Il
uetriinent 10 puDiic interest ana con-
Venience NIoIaIiYe of sound tcOnouIic
pOicy.
Ine objections to our present SyS-
teh of lIansier of title a1 . many ana
obvious. Amongst otners. 4 Incn1on
tnese.
Iltles arc not recorded. Only evi-
dcnCcs Oi Titles, are recorued. iente
ali the eviuences must Dc examined
every time and the difficulty. danger
and labor multiply with every trans
Ter. This causes increasing delays
and cost, besides augmented uncer-
lainty.
Much important evidence is not
recorded, but is altogether IN pals.
particularly evidence concerning the
1rue hers Of decedents. This adds
10 uncertainty and fills the past with
ghosts that, not only haunt, but ire
QuentIy take actual possession Oh
LANDS transferred TO their detriment.
There is no certainty of identity to
parties. The examiner relies wholly
upon seeming identity shown by In
dex to deeds, but there may be many
John Smiths
There is no certainty of Identity tC
Of parties at time deed was delivered
No certainty about marriage or di-
vorce.
flights Of dover or curtesy may
spring up.
Lands may be subject to rights by
adverse possession or prescription O
which there is absolutely no record.
Rights may arise under wills i'm
peached or established years after e.
parte probate; and the statute gives
an additional reservation in favor O
infants.
There is no certainty about bound
aries under our present system.
The law Of title by eminent domain
may not appear by ordinary examl
nation Of the deed books.
Loss Of title by reversal of deere
of court may not be shown by tn
deed books.
Conflict Of patents and interlOck
will not appear by ordinary examina
ton The chain may be faultless
while the original link is worthless
Indexes are imperfect and fats
mistakes may be made by omission
or other defects.
Court Titles'-those pasSin
through suits-are not even certain.
Questions of proper parties an
procedure must be determined b
each examiner, thereby causing cease
less examination Of titles, entailin
delay and expense.
Titles are dependent upcN the Opir
ion Of each examiner, and doubts ma
be raised and clouds cast by eac
one The character OF every man
property is, therefore, subject to d.
structive or costly libel or Slander
any irresponsible examiner. one ma
buy on the opinion Of an expert an
be prevented from selling by tf
opinion Of novice.
The difficulties. dangers and cost
examining titles grow with lncreaSr
records.
No certainty can be attained wit
rare exceptions and absolutely noi
can be maintained.
Though all questions OF titles
iudiciously settled today, others m;
arise under the present system WI
every transfer.
Real estate is sold for the no
payment Of taxes. but even then Il
State does not guarantee or prote
the title to the land so sold.
The state should take no more tn;
her just due. She should give abs
lutte title to the property she unde
lakes to SELL The sale should
made on the promises after prop