Page 2 STATE ASSURANCE OF TITLE TO REAL ESTATE AN EXPLANATION OF THE TORRENS SYSTEM FROM THE LAWYER'S STANDPOINT--THE PRESENT NEEDLESS WASTE OF TIME AND MONEY IN THE CEASELESS EXAMINATION OF TITLES. i.J. W. Bailey in Progressive Farmer. I Under this head I propose to discuss in two articles tin* mat ter embraced in what is known as "The 'irons Land System." The present article will trout of the subject generally. The next article will discuss the specific sui'. oct of the act to be proposed by the North Carolina Commis sion l'or a.lontion by the tlenoral Assembly with a view to institut ing in North Carolina the Tor rens System or plan of State or county assurance of titles to real estate. I shall do this because I presume that the North Carolina plan will serve as a model for other States that should have the Torrens System, and that a discussion of its details will serve the purpose of a specific exposi tion of the law. I must assume that the reader knows somewhat of the present land system in effect throughout the SoutK. He knows that when he purchases real estate, he takes a deed of conveyance to the real estate, and has it regis tered in the office of the register of deeds for the county in which the land lies. And he knows. that unless he employes an at torney to investigate the title to to that real estate, he has no assurance whatever that he has a title to what he has paid for. What the attorney does when he "investigates the title" the reader probably does not know. So let me here set down in a general way what the attorney must do. THE PRESENT SYSTEM. The attorney must first estab lish thi "chain of title." That is, he must trace the real estate embraced in the deed back from ♦SO to 100 years through all who have held it. He must trace it for at least GO years in order to establish that those who have held it and conveyed it really had a legal right to convey it. i Even 60 years is not always a sufficient length of time, al though it usually suffices. The s ifest attorneys trace the title in question back 100 years, and to the State or original grant if possible. Next the attorney investigates t'ie encumbrances on the title. That is, first he investigates to s - what the former owners of t l ind have done with it. Have ..i-y mortgaged it? Have the mortgages Uen satisfied? Have uxc> jn i: been paid? Have the owners suffered judgments to be tak'-n aga.nst them while they weiv* owners of the land? Are the judgments active, etc.? lii the course of 100 years any piece of land goes through many hands, and those hands goj through many experiences. One ; man makes a mortgage. Anoth-1 tr (ties and leaves no will, i Another gets into debt: judg ments are docketed against him and his homestead is laid off. Another dit;s in debt, and his, personal property not being sufficient to pay off his debts, : his real estate is subject to sale, i When one dies without a will, widow and children inherit the land the former having her dower laid-off, the latter having land divided amongst them. Only attorneys realize what a variety of events affect and in volve a title to land. Irregular deeds, informal and enigmatical wills, partition proceedings, mortgages, unpaid taxes, judg ments, liens, etc., mark the history of nearly every title. These each and all must be in vestigated, carefully read and passed upon, before the attorney xan approve the title. As a matter of fact, in many instances attorneys cannot "make sure" that a title is good: they give only their opinion. It should be noted that if an attorney negligently approves a bad title, he is liable for the damages hi.-, client may sustain— provided the attorney has the money, and the client can prove the negligence. An attorney with no property can afford to look up a title for £lO, perhaps. An attorney with property can not afford to do so for less than s2s—for the single reason that he is in a very real way a guaran tor of the titles he approves. If the land is valuable, he ought to be paid in proportion. Now, these are the facts as they stand. What does the Tor rens System propose, and what is the reason for adopting its proposals? FEATI'RES OF THE TORRENS SYSTEM. The Torrens system proposes once and for all to look up a title—to settle the questions of ■ the past and to assure the present owner that his title is good. As matters now stand, every time a piece of land is sold or mortgaged a lawyer has to go over the same ground that was gone over the last time the land was sold or mortgaged. And every lawyer so doing gets his fee. I was looking up a title last week. I traced the title back to IS3O. I had to read some 20 deeds, and examine about 40 mortgages: investigate judg ments against six individuals; look into the settlement of two estates, and see that the taxes had been paid for 20 years. A year ago this same land was mortgaged. Some attorney did then just what I did last week. The year before the land was purchased. Some .lawyer then went over the same ground that I did last week and the other lawyer did last year. The year before that, this land was pur chased by another man. Again a lawyer had to go over the same ground. Every time it was mortgaged some lawyer went over the same ground. I sup pose investigations of the title to this lot had cost all told about S2OO and 20 days' time. The tax valuation of the lot was less than I Woman Finally Recovers i From Nervous Breakdown Impoverished nerves destroy many I tie. >ple before their time. Often be fore a sufferer realizes what the ! trouble is, he is on the verge of a complete nervous breakdown. It is of the utmost importance to ki'ep your nervous sy-'em in good con dition, as the turves are the source of all bodily power. Mrs. Ann i Ki'iinz, -'ii Mechanic St., Pueblo, ; Colo., says: "i'or many years I suffered from i nerv us prostration; 1 wis nmble ' t - do any house work an I doctors ! i tiled to help me. Remedies 1 I t: \-t! i:i druggists did not d • 1 rii" j' irtic'i- • . K'ool. A neighbor i tolil my husband about Dr. Miles' Nervine and he procured a bottle. After the 1 first few do-es 1 showed a marked j improvement and after taking two I bottles I was entirely cured. I have been perfectly well for years and cannot praise Dr. Miles' Nervine too highly." If you are troubled with loss of i appetite, poor digestion, weakness, inability to sleep; if you are in a general run down condition and unable to bear your part of the daily grind of life, you need some thing to strengthen your nerves. You may not realize what is the mat ter with you, but that is no reason why you should delay treatment. Dr. Miles' Nervine has proven its value in nervous dis orders for thirty years, and merits a trial, no matter how many other remedies have failed to help you. Sold by all druga'ata. If drat bottla fall* to banaflt your monay la raturnad. MILK* MEDICAL CO., Blkhart, Ind. I THE DANBURY REPORTER PERUNA SAVED MY LIFE. "I Recornmend It Wherever I Am." Mrs. .Tohn M. Stabler, I Millor.-lu r g, I Intl., writes: I "I have * boon cured of a very bad case «.f ca tarrh i i t!i'» stoma- ! and > con.-tMn , | anil a ■ ■ j'l«- cation ■■ i ail ments that I have It ad f"r s several years, I doctored with throe doctors, who did 1110 not much pood, so I quit doc toring. -' "I bought* i* Mrs. John M. Stabler, bottle of Pe runa and commenced taking it. I found I was potting some hotter, but thought I was not doing as well as I might. So I wrote Tho Peruna Medical Depart ment, to seo what they thought ahout me. They gavo me special directions and medical advice. To our astonish ment I Improved and am today a well woman and weigh as much as I ever j did in my life. "I tell my friends that saved my life. I recommend if wherever I am, and when any of our /oiks are sick, 1 give them Peruna witl» success." ___________ ; SI,OOO. In other words, prob ably one-fifth of the tax value of ■ 1 the land had been spent i.i title . 1 investigations. > The reader must perceive what an immense expense and loss of • time is here involved. This is " no unusual instance. ) Take another instance: A real 5 estate company at Raleigh re i cently purchased 110 acres of 1 land and converted the tract into '! 369 building lots. The title to t this tract is one title. It might > be certified under the Torrens! J System say for S2OO (I place the' 1 ' sum high because the land is - 1 valuable) and that would end the •' question of title. But as matters > now stand there will be 360 con ' veyances and the title may be l lcDked up C6O times, at a mini-: » mum cost of $3,500 for the first' I round. The titles to all these lots will be looked up again in ' the course of 20 years—at anoth -1 er cost of $3,600 and so on. ' Could any system be more ex ' pensive and wasteful? I was today investigating a title to a large tract of land near 1 Raleigh. I saw evidences (in : the foim of five sales of portions 1 of it and seven mortgages) that ' the title to this land had been investigated 10 times or more in 1 10 years. I have no means of ' knowing what these ten investi ' gations have cost the owners of 1 the land. Five hundred dollars : would not be too much. What the Torrens System pro-' j poses is to close up the past; to i ! go over the title once for all, and I I to put an end to the expense and' waste of time required by this eternal procession of lawyers go ing over the same beaten path, J j each taking a fee for his work. I One lawyer will not and should j not take another's statement of, title: but any lawyer wiil take ! the State's or county's judicial | assurance of title. So the sum of the proposition j |is that the State or county shall employ a lawyer to look up titles, j and so far as possible clear them of question (by judicial process, jof course) and have the land owners pay the State once and forever for the service. FOOLISH OPPOSITION. This is the first outstanding feature of the Torrens System. I have heard it said that lawyers are opposed to it on the ground that it will take work from them. Only foolish and little lawyers would oppose it on such grounds. Any man who will oppose the means of saving so much time > and money to the public in order ! that he may have work, is too little to be a lawyer. Such an argument is an indictment of the legal profession. The world can not afford to lag 4'J years behind in order that any man or set of men make a living. And the ( man who requires it had better stand aside. The laborer oppos ing the introduction of machin ery and the lawyer opposing the introduction of State or County assurance of land titles in order that he may have business, are on a par with the idol-makers of Ephesus fighting Christianity in the interest ol their tiade. Resides, title investigation is one of the lowest, most poorly J paid and most hazardous of a lawyer's employments, r.nd good lawyers wilt be glad to be re lieved of the business. If they are worthy of their profession, they will find plenty else to do. LAN'D # AS QUICK ASSETS. The next proposition of the Torrens System is to enable the land-owner to pledge his deed byway of collateral for money borrowed, as one now pledges, a certificate of stock or bond. Let us suppose that a land owner has his title certified anfi registered by the county. Let us suppose that he has received j from the county a certificate of, title, on which the proper blanks are printed. Let us suppose t'lat it is law that the assign ! rn?nt of that certificate by the man and his wife shall have the effect of a mortgage and that possession of the certificate shall be necessary to conveying the land. (These are the Tor rens System ideas). He goes to the bank, the certificate is signed and deposited, and he gets his loan. As matters now stand, the bank's attorney must investigate the title: a mortgage must be executed; and it must be I j registered. A land-owner can-' 1 ; not borrow money on his land ! without expense, time and ; j publicity. Under the Torrens, '! System these would be elim ; inated: and a man's land would j be as good as bonds in aid of his credit. It shou'd be said here that under any system the title must be investigated with regard to taxes, judgments and iiens; but these three items are mere incidents to the main mat ter of the title. THE ARGUEMENT AGAINST THE TORRENS SYSTEM. The arguement against the Torrens System is that it upsets our present tenures; that it does violence to the ancient law of real property. Granted. But as Artemus Ward says, "You | cannot argue again a success." ! The Torrens System is working well in five American States including such States Illinois and Massachusetts. It will work in any Southern State just as well. No amount of argument can meet the facts of success where the system has been in- I I stituted. j I wish to be understood as not saying that the Torrens Sys '. ■ I KkawwSyffl K I 1 r I 1 I i r ■ 3 ■MhwHI m torn should be compulsory. It l should be optional with each 1 land-owner. I further advocate that each man pay well for his , certificate of title, and pay ac-' cording to I':e \alue of the land certified. 1 ">t no man expect to have the v. done for nothing. The outlay will be fully repaid in the increased value of his land. I doubt if the State or county can afford to investigate, register, assure and certify any title for less than under any circumstances, and in most cases more will be required. And finally, while I heartily ad vocate the lvfoim 1 would ni>t. advise any one to expect too much of it. The American ut- >- pie are in the habit of expect ing and politicians are in the habit of promising too much in the name of reforms. The Torrens System will not bring! in the millenium. but that it is a step in that direction I have j not a doubt. We must be con- i tent to gain one step at a time.' And in my judgment it is bound to come. It is in the inevitable line of human progress. And we can bring it to pass in this State within two years if we desire it with sufficient earnestness. All you have to do is to tell all the political candidates, high and j low, who shake your hand this J When in Winston on Business or Pleasure, Call at O'HANLON'S DRUG STORE. If you are in need of anything in the drug line. Always the largest stock of drugs in Winston to select from. . Also the greatest assort= ment of PERFUMES, TOlL= ET ARTICLES,HAIRBRUSH ES and bristle goods. O'HANLON'S Is the place to buy. Harness, Lap Robes, Buggies, Saddles, Wagons, Etc; Smoak & McCreary Winston-Salem, N. C. Shoes! Shoes!! ii i | / j, J If you want HIGH /6JI ft 1\ GRADE SHOES at \Zz rfifl v \ popular prices, don't | fail to visit the SHOE ISTORE1 STORE at 418 Liberty m|HL J. A. Ncely J 1 year that you are against them if they are not for it. Just open right up or. them. I ■ Mr. N. O. Petree left Monday foi Raleigh to visit his son, Walter, who is ill there. We regret to learn that Walter does not improve as rapidly as had been hoped for. I I have shoes and slippers at a bargain. W. E. Butner. State of Ohio, City of Toledo, Lucas County. Frank J. Cheney makes oath that he is senior partner of the firm of F. J. Cheney vV. Co., doing business in the City of Toledo, County and State aforesaid, and . that said firm will pay the sum of ON E II UN DUEL) DOLLARS for each and every case of Catarrh that cannot be cured by | the use of Hall's Catarrh Cure, i FRANK J. CHENEY. Sworn to before me and sub scribed in my presence, this tenth day of December, A. D. 1886. (Seal) A. W. .GLEASON. Notary Public. Hall's Catarrh Cure is taken internally, and acts directly on the blood and mucous surfaces of the system. Send for testi monials free. F.J. CHENEY & CO.. Toledo, 0. ' ; Sold by all Druggists, 75c. Take Hall's Family Pills for ! constipation.

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