State v. Guilbert
Ohio Supreme Court
In Mandamus. The petition alleges that the defendants, who are state officers, are, by the act of April 27, 1896, entitled “An act to provide for the registration of land titles in the state of Ohio, and to simplify and facilitate the transfer of real estate” (92 Ohio Laws, pp. 210 to 262 inc.), charged with the duties of preparing a uniform system of blank books appropriate to carrying out the purposes of the act, and of furnishing such books to the probate judges and other…
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In Mandamus. The petition alleges that the defendants, who are state officers, are, by the act of April 27, 1896, entitled “An act to provide for the registration of land titles in the state of Ohio, and to simplify and facilitate the transfer of real estate” (92 Ohio Laws, pp. 210 to 262 inc.), charged with the duties of preparing a uniform system of blank books appropriate to carrying out the purposes of the act, and of furnishing such books to the probate judges and other officers in the several counties of the state and that they refuse to perform the same. It prays for a peremptory writ…
1Opinion of the CourtSi-iauck, J.
It is admitted that the alleged duty is charged upon the defendants by the terms of the act cited. Whether the act is constitutional is.the only question raised by the demurrer.
A complete analysis of the one hundred and sixty-eight sections of the act would not be practicable. Present purposes will be best subserved by the briefest statement of its provisions, which will bring into view those whose validity is denied upon constitutional grounds. It provides for what is usually called the Torrens system of land titles, with some modification. It requires assignees and trustees for the benefit…
2Cases cited3 opinions
- Webster v. ReidSupreme Court of the United States · 1851
- Norman v. HeistSupreme Court of Pennsylvania · 1843
- Shepherd v. WareSupreme Court of Minnesota · 1891
3Cited by57 opinions
- Tyler v. Judges of Court of RegistrationMassachusetts Supreme Judicial Court · 1900
- The Title & Document Restoration Co. v. KerriganCalifornia Supreme Court · 1906
- Cundall v. U.S. BankOhio Supreme Court · 2009
- State ex rel. Douglas v. WestfallSupreme Court of Minnesota · 1902
- Board of Water Engineers v. McKnightTexas Supreme Court · 1921
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