The Torrens System Its Simplicity Serviceability And Success

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Is the neces- sity of the system for an official certificate of ownership, in and of itself incontestable, repugnant to our constitutional necessity for due process of law in depriving a person of property rights? Can a registrar, even though clothed with judicial power, make an examination of an instrument on a transfer of registered land once and for all persons, and by his judgment and act of registration bind all the world so that no one can question it? In Australasia, where the Colony and... the States have power to declare a certificate of title indis- putable, and where the system has been developed for more than sixty years, a purchaser in good faith and for value may deal with the last registered owner, get a new certificate, and know beyond peradventure that no prior mistakes of law or fact and no prior fraud or perjury may prevail against it. On this point the language of our statutes and of the Australasian statutes is the same. Do the statutes produce the same re- THE TORRENS SYSTEM 91 suits here?

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