The Twin Falls times. [volume] (Twin Falls, Idaho) 1905-1916, 1916-11-30
T0RRFNS LAND
SYSTEM PROMISED
Democrats Pledged to Adopt it
in Idaho
METHOD OF OPERATION EXPLAIN.
I'd BY AN ATTORNEY.
Is In Use in Colorado But Ordinarily
Applies Only TO Lands With Cloudy
Titles.

EftleS.
There is considerable misunder-
standing in regard to the operation of
the Torrens system of land titles,
which does not ordinarily apply to any
lands, except those having old knotty
titles to clear up" said Attorney Ash
or B. Wilson, when interviewed on
the subject by a TIMES reporter
For instance, when l was in Colora-
DO" he continued, Il observed it's
working on lands, the titles for which
were balled up. At one time a great
deal of dry farming land had been TAX
en- up by settlers, mortgaged to loan
companies and abandoned. The mort
gagees foreclosed, but went broke try
nag to pay the taxes, and let the lands
go. Later when these were sold for
taxes, the tax certificates were bought
in by people who got tax titles and
later had their titles quieted by the
courts. Such titles were not accept
ed by loan companies until put through
the process of law provided by the
Torrens system The application of
the system to a particular piece of
land necessitates going into court,
Just as quieting title does
Some people have the idea that this
/system remains the destruction of the
abstracting business, but you can see
that as it applies only to land where
the title is in question, it will not
affect most land titles in any way.
Then, at the time that application is
Sade to the court to apply the system
to a particular piece of land, an abb
stract must be filed with the petition,
so that the abstracter gets job in
shat case. But after any particul =.
piece of land is brought under the sys-
tenn by court decree, no further alb
stracts are needed since the matter
there after is attended to in the office
Of the county clerk or county audi
tor"
Mr. Wilson called attention to the
Torrens law enacted by the Colorado
legislature as illustrating the opera
! ton of a system to the adoption which
y the Democratic party of Idaho is now
pledged. Under this statute the own
er of any estate or interest in land
may apply to have the title registered
Tax titles can only be registered after
they have been favorably adjudicated
in a court of competent jurisdiction
Any number of pieces of contiguous
land, owned by the same person and
under the same right may be joined
but if so, can only be separated later
for the purpose of sale by obtaining a
new and separate certificate for the
part reclaimed The application fol
registration must be made in the
court of the county and district in
which the land is situated.
"The applicant shall also file witt
the clerk at the time the application
is made, an abstract of title such as
is now commonly used, prepared anC
certified to by the county clerk ant
recorder of the county, or a person
firm or corporation regularly engaged
in the abstract business, and having
satisfied the district court that the.
If have a complete set of abstract Dook
and are in existence and doing busi
ness at the time of filing of the ap
plication under this act"
After a scrutiny of the abstract b.
a special examiner provided in tn
act an action is brought in which al
persons having anv lien Of any kim
are named and also "all other person
or parties unknown, claiming an
right. title, estate, lien or interest IN
to or upon the real estate described il
Iilc dDDllCdllOH HCiCih IL eAC 49,
grants the application, those claimln
title and not actually notified, ma
under certain specified conditions re
open the case within three months.
"The obtaining of decree of regis
= tration and receiving of a certificat
of title shall be deemed an agreemen
running with the land and binding uI
on the applicant and the successo
in title that the land shall be and fol
ever remain registered land and sui
iect to the provisions of this act an
OF all acts amendatory thereof. A
dealings with the land or interest
therein after the same has bee
brought under this act, and all liens
membranes and charges upon tn
same shall be made only subject I
this act. No title to registered Ian
in derogation of that of the register
ed owner shall ever be acquired b
prescription or adverse possession
IAN owner of registered land cor
yeying the same, or any portion ther'
or, in fee, shall execute a deed OF cor
veyance which the grantor shall III
With the registrar of titles in IN
county where the land lies. The OWL
ers duplicate certificate shall be SUI