Land Title Registration by Certificate
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| Hersteller: | Forgotten Books (Bureau, United States; Federal Farm Loan) |
| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from Land Title Registration by Certificate: The Torrens System Simplified and Adapted to Constitutional Requirements, Along Lines Approved by United States Supreme Court Decisions It is stated in the accompanying comparative study that - a judicial proceeding which ends in a decree quieting the title against all persons is the initial step in all land title registration provided by statutes in the United States. The plan is that the decree shall serve as a new starting point in determining the title; that it shall declare absolutely the only rights which exist in the land and be conclusive against "the whole world." The scheme further contemplates that, the title having thus been conclusively adjudicated, the substance of the decree shall be entered in a "register of titles," containing a description of the property affected, and that no subsequent transaction shall affect the title unless the writing evidencing such be filed with the registrar and a memorandum thereof be entered in the register of titles, along with the decree; that the record of such entries shall be known as a certificate of title and shall be conclusive evidence of the title. A single page, therefore, is presumed to show conclusively the actual state of the title at all times. Initial Proceedings. The objection has been made that those provisions of statutes which relate to initial proceedings are unconstitutional. It will be well to keep in mind that a statute providing for the quieting of title against all persons must satisfy not only the State court of last resort but also the United States Supreme Court, for while it is true that, if a State court of last resort declares a statute of the State unconstitutional, there is no right of appeal to the United States Supreme Court, at the same time, if the State court declares a statute constitutional, there remains the right of appeal to the United States Supreme Court on the question of the constitutionality of the law. Under section 709, Revised Statutes, the final decree of a State court may be examined into by the United States Supreme Court - where is drawn in question the validity of or an authority exercised under a statute of any State on the ground of their being repugnant to the Constitution, treaties, or laws of the United States, and the decision is in favor of their validity. (Columbia Water Power Company v. Street Railway Company, 372 U. S., 475; 43 L. Ed., 525.) About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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