"'' Ir ~ ~ TITLE NEWS A publication issued monthly by The American Title Association Publ,.hed mnnthl11 at Mount M orria, IUm ::I.""'" Vol. 4 FEBRUARY, 1925 No. 1 Some of the state officials last year Important Mid-Winter Business Meeting and did not get into the spirit of the mem Conference Next Month bership campaign and took no inter State Association Officials a est at all, consequently made no ef Session of Executive Committee and fort and secured no results. This will Practical and Profitable Effort be a chance to do it and make up for year. The American Title Association pleasant, everyone has an enjoyable what was not done last holds two important meetings a year, time, but they work too. It is the real Every state organization making a the Annual Convention and the An practical and profitable and serious membership campaign in 1924 had nual Mid-Winter Business Meeting. purpose session of the organization. most encouraging results. Some se Each has its purpose and place and It has gotten to be more so since the cured a 10 per cent increase or more each produces commensurate results. state officials have been askid to at while others a half and one doubled The Annual Convention is, as the tend and a joint session had with them. theirs. All it takes is a little effort and word says, a Convention and all that This will be the third year that scheme interest and results can be secured. such a thing is. has been followed, and every state of· The different state associations The Annual Mid-Winter Business ficial is urged to be there. Each of the should secure 500 more members this Meeting is another kind entirely. Busi meetings of the past two years has ex year. ness is transacted, the work since the ceeded all expectations as to attend Full details and definite announce last convention reviewed, strengthened, ance and results attained. This is a ments as to rules and methods of the augmented, changed, new activities particularly important one as all con 1925 campaign will be announced in a launched, and the next few months' vention plans including the selection of short time. work outlined and the coming conven the meeting place will be decided at Nebraska won the cup given last tion arranged. In addition to all of this session. year by President Geo. E. W edthoff. these things, one-half of the time or a In addition the report on the plan The success of this campaign will be whole day is spent as a conference for the organization of an Abstracters· entirely gauged by the interest taken with the state officials. Section will be made. and efforts put forth by the different Here their problems are presented, The meeting is in charge of the Vice state officials. The American Associ an expression received from them, President, Henry J. Fehrman, who is ation will however co-operate and help their ideas secured, they become better also Chairman of the Executive Com in every way asked and do everything acquainted with the national organiza mittee. He is giving his usual tireless possible to assist. tion, its work and scope. In return the interest and efforts towards making it national association gets better ac a success. quainted with their needs, and can gov There should be a large attendance. ern its work to a better advantage. Every state should have a representa CAVEAT EMPTOR. The trip there and the meeting is tive from its officials. In old Roman days the ethics of sell ing were embodied in the phrase, President Condit Offers Cup to State Associa "Caveat emptor" meaning, "Let the buyer beware." tion Making Most Gain in Membership Today the ethics of the modern real Membership Campaign to Be Conducted This Year tor and attorney engaged in the sale and transfer of property have a far dif A membership campaign will be con mined as of December 31, 1924. It ferent meaning. Protection for the ducted again this year, and a contest will therefore be more simple to ar buyer is the foundation of present day held between state associations. Presi rive at a definite knowledge of just real estate investment. dent Condit announces he will give a what each association has done. cup to the state association making the More members should be secured by The progress of civilization has best showing. every state association this year too. brought greater hazards to the buyer. Roy S. Johnson of Newkirk, Okla This is because the matter of member The rapid expansion and increasing homa, who was Chairman of the Mem ship in the state and national associa population of our cities, the greater bership Committee last year, has again tions has been brought to the atten value of real estate and complicated been selected to head that same com tion of every one in the business now laws affecting the title to property have mittee for 1925. regularly and periodically during the all forced the buyer of real estate to The campaign this year should be past two years in most states, and dur seek the security of abstracts and guar even more successful than last. This ing the last one in every case. There .anty title. is because the membership lists and is a better knowledge of the import The wise buyer of real estate will rolls of the state associations as filed in ance of the work and existence of the result specialists who are capable of the American Title Association office organizations and more interest in passing upon title to property.-[Bulle have been revised and a status deter- their activities. tin of Texas Abstracters Ass'n. 2 TITLE NEWS Oklahoma be required to furnish a certificate or to Have License Bill Presented statement with each abstract, supple Measure Presents Many Features; Passage Will Mean New Epoch mental abstract or extension thereof, in Abstract Business giving the date and duration of the bond and if a surety bond, the term The following bill has been present sons by any error made by said per for which premium is paid; and shall ed to the Oklahoma legislature: son, firm or corporation in compiling also certify and state in such certi A BILL ENTITLED said abstract. ficate or statement as to whether AN ACT relating to Abstracting; Provided Further, that before any he has a complete set of indexes, to the records amending sections 3610-3611-3612, such person, firm or corporation shall in the office of the County Compiled Oklahoma Statutes 1921, engage in the business of abstracting Clerk, as above provided, and is duly qualified providing for a graduated bond, pro titles to real estate he shall have a to do an abstract business un der the provisions of viding additional qualifications, fixing complete set of indexes to all the rec this chapter. Provided liabilities; prescribing penalties, re ords in the office of the county clerk Further, that any person, firm pealing conflicting laws. or the county officer charged with the or corporation who may hereafter file any bond for BE IT ENACTED BY THE PEO recording of instruments affecting the purpose of engag ing in the business of PLE OF THE STATE OF OKLA titles to real estate, of the recorded in abstracting titles to real estate; such HOMA: struments affecting titles to real es person, or in case of a firm or corporation, ABSTRACTERS, QUA LI FI CA tate; and which indexes shall contain the managing officer thereof, shall, TIONS OF, BOND OF, RECORDS sufficient information to identify each before filing such bond be examined as AND INDEXES. instrument so recorded or filed for to his fitness for such duties by a record, and shall be indexed under each board of three mem SECTION 1. That Section 3611, bers to be convened description of real estate conveyed or as follows: One Compiled Oklahoma Statutes 1921, be member to be appointed effected, in a record or records ar by the Secre and the same is hereby amended to tary of the Commissioners ranged according to the alphabetical or of the Land read as follows: Office of the State numerical designation of the property of Oklahoma, who Section 1. It shall be unlawful for shall be chairman, one to be appointed described. Such indexes shall be made any person, firm, or corporation to en by the president of the State Bar and kept posted from the records and As gage in the business of abstracting sociation, and one to be appointed instruments filed for record, and shall by titles to real estate in any of the coun the president of the Oklahoma Associa not be compiled or copied from the ties of the State of Oklahoma, without tion of Title Men. The boal'd shall be indexes of the recorder. It shall be the first having executed and filed with the convened at the office of the chairman, further duty of the abstracter county clerk of the county in which to in on his call. The applicant shall submit dex in a temporary manner all suits, said person, firm or corporation intends his application to the Secretary of the liens or attachments filed in the office to engage in the business of abstract Commissioners of the Land Office, who of the Court Clerk and all estate and ing, a bond to be approved by the shall thereupon appoint the Chairman guardianship cases filed in the County board of county commissioners of said as above provided, who shall Court and all estate and Guardian call a county, with three or more good and meeting of the Board to consider the cases filed in the County Court after sufficient sureties residing in the coun application and make the passage and approval of this act; the examination. ty and worth not less than double the The applicant shall which suits, liens or attachments may tender with the ap amount of the bond over and above all plication a fee of be erased, cancelled or removed from twenty-five dollars, debts, liabilities and exemptions, or a out of which the board the indexes in case of settlement with shall pay all ex duly authorized guaranty company in pense of the examination and shall out sale or permanent effect to the real pay the sum of five thousand dollars for to the members conducting estate involved. The indexes above the examin each 35,000 population or fractions ation, the balance provided shall be deemed complete prorated as their thereof according to the last Federal fees in full. Should the applicant when they shall contain all instruments suc Census, conditioned that he will prop cessfully pass the examination, affecting titles to real estate in the of the erly demean himself in the business of chairman of the board shall furnish fice of the County Clerk and are abstracting and will pay all damages him a written certificate maintained to a reasonable time prior to that effect, that may accrue to any person by rea which to the making of an abstract, not ex shall be filed by the applicant son of any error in any abstract fur with the County ceeding thirty days. Clerk of the county nished by him and will in no way mu where he may file his bond, and said tilate, deface or destroy any of the rec Provided Further, that persons now certificate shall be filed with the bond ords of the several offices to which he engaged in the business of abstracting, before the bond Il1ay be approved by may have access, and that he will not in who have no indexes as above provided, the county coil1missioners as above pro any way interfere with, hinder, or de may continue to operate such business vided. Provided further, that upon lay the several county officers in the and make abstracts and extensions the filing of a new bond or the renewal discharge of their duties while using thereof, for a reasonable time, while of a bond previously filed and approved said records in the prosecution of said compiling or making indexes as above no examination shall be required. business of abstracting. The person, provided, not to exceed the period of CERTIFICATE; HOW ISSUED. firm or corporation who shall execute one year from the passage and ap Section 2. That Section 3611 Com and file said bond as above provided, proval of this act. piled Oklahoma Statutes 1921, be and for said purpose, shall together with Provided Further, that in those the sail1e is hereby amended to read as the sureties thereon, be liable on said counties which have been formed from follows: bond to the State of Oklahoma, in the other counties, or in which the records Section 2. It is hereby made the penalty of one hundred dollars, and to in the office of the County Clerk are duty of the county clerk after the bond the county or person who shall be in incomplete from other causes, the pro of any abstracter has been filed and ap any way damaged by any mutilation, visions of this act shall be deemed com proved in the manner above provided; injury or destruction of any record of plied with as to the qualification re to issue to such abstracter, on den1and, the several county officers to which he garding indexes when the abstracters a certificate of authority in writing, may have access; to the amount of shall have completed such indexes from under his hand and official seal to make damages actually done said county or the records and transcripts of records abstracts. After such certificate shall person; and to any person or persons in the office of the County Clerk of have been issued, a person, firil1 or cor for whom he may compile, make or such counties. poration holding the sail1e, during the furnish abstracts of title, and to any Provided Further, that from and af continuance of such certificate shall person who may be misled to his dam ter the passage and approval of this have free access to the County records age by reason of any imperfect, erron act, each and every person, firm or co of the several county offices, for the eous or false abstract to the amount operation, engaged in the business of purpose of the prosecution of their said of damage done to said person or per- abstracting titles to real estate shall business of abstracting and the con1pil- TITLE NEWS ing, posting and keeping up of their poration who shall hold themselves out Strictly speaking, we should not say abstract books, necessary for the as abstracters and engage in the busi that we are insurers of title as wha,t proper conduct of their said business, ness of abstracting without first having we in fact do is to render an opinion under the direct supervision of the executed and filed the bond, and re and guarantee that it is correct. The county officers having the legal custody ceived the certificate hereinbefore pro more dollars back of the opinion the of said records; and while handling and vided for, or who shall furnish any ab better the policy. using said county records for any of stract, extension or supplemental ab The title insurance business is one the purposes of this chapter the said stract, without also furnishing the cer of natural evolution and does not abstracters and their officers, agents, or tificate above provided for, and any crowd out the groups formerly known employees shall be under the same ob person, firm or corporation who shall as abstractors, title examiners and title ligation to protect and preserve said hereafter enter in the business of ab attorneys, but rather gives them op combine their several records as the several county officers stracting without first having passed portunity to work to their mutual who have the legal custody of same, the examination above provided for branches of the them at the same and subject to the same penalties for a and fully complied with all other re benefit relieving time from their personal responsibility, violation of such duty as said officers. quirements of this chapter, shall be deemed guilty of a misdemeanor, and and substituting for it a corporate and FAILURE TO QUALIFY OR FILE upon conviction thereof shall be fined therefore a continuing responsibility. liability BOND, MISDEMEANOR. not less than twenty-five dollars and And backing this corporate and the Section 3. That section 3612 Com not exceeding one thousand dollars for with their combined capital capital of those having faith in their piled Oklahoma Statutes 1921, be and each such offence. gives them opportunity to make the same is hereby amended to read as Section 4. All laws and parts of ability a stronger appeal for business. follows: laws in conflict with this act are here Combination of abstractors, title ex Section 3. Any person, firm or cor- by repealed. aminers and title companies in one growing national organization for the Title Insurance-the Reason For It exchange of experience and ideas, the By Edward C. Wyckoff, Assistant Title Officer, Fidelity Union Title promotion of their common interests & Mortgage Guaranty Co., Newark, N. J. and the education of the public to the advantage of employing them in their It is said that the basis of wealth is more with each other giving greater ap several lines of endeavor is therefore real estate. To a large extent this is plication of Federal laws to local com natural. true for out of the soil there comes all munities. Let us all pull together for a real the raw material and the elements of In short the vast complex machinery live national association reaching in power; and unless they are made avail of modern business has built up such a time the prestige of the National Bar able we will have none of the necessi mass of laws affecting land titles and Association and working in cooperation ties of life. securities dependent upon them that with it and with local Bar Associations Stability of government and busi specialists in their application have be and Boards of Realtors for the ad ness economy has made it necessary to come a necessity. No longer can one vancement of uniform laws tending give first consideration to security of charged with the examination of titles toward the sanctity of land titles. title to lands; and to this end through depend solely upon his own labors. He out history we find definite laws con must have the help of others to search GOLD FISH. trolling the transfer of title; and great out and take off the records in the va Did you ever happen to notice how care exercised by the courts in the ap rious recording offices and courts and wise the gold fish look while swimming plication of the statute and common must know when he has exhausted all around in the bowl which is home to law as interpreted through preced~mts. necessary sources of information and them? And we find the courts slow to change has before him that complete data But they are not as wise as one would legal principles relating to land titles, which is essential for a safe expression think. They are just like too many of even going to great length to equitably of opinion. And then, when this rec the people in this busy old world today. interpret statute laws of radical na ord has been placed before him, he This was discovered recently when ture sometimes forced upon legislative must be acquainted with the means of one of the fair sex announced her in bodies by intense but illogical public ascertaining those municipal, county, tention of cleaning the bowl wherein opinion. state and national laws and those de her pet gold fish lived. Certainty of title is necessary before cisions of the state and federal courts, She had filled a large tub with water capital to promote large industrial, ag which are increasing in such leaps and and then emptied Mr. Goldfish into the ricultural, mining and manufacturing bounds that one cannot keep pace with tub so he could have a big swim. Mr. establishments can be procured. them, and be competent to apply them Goldfish did not go to the edge of the to the facts in hand. To enumerate tub so he could have a big swim. In our early history residence of ev the details necessary to be considered Instead he swam 'round and 'round and eryone was fairly permanent and land in any ordinary title would consume 'round in small circles just the size of owners and business men were gener the space allotted to this article. ally well known to the community; and the glass bowl. Out of this growth of modern title Are not many people and businesses the extension of credits by bankers and records and laws there have been just like that today? Going 'round and business houses was generally made evolved the so called Title Insurance daily work-never through personal knowledge of condi 'round in their Companies with their staffs of expert reaching beyond their present circle. tions. searchers, examiners, inspectors, sur Increased civilization with extension veyors and attorneys, in active cooper William Wrigley, Jr., the chewing of facilities for travel, transportation ation, each group doing its specialized gum king of Chicago, in explaining the and manufacture and the demand for work. rapid growth of his company, said it more aide to comfort and pl!'!asure has The same attorney who formerly was all due to advertising. resulted in more frequent transfer of gave his opinion after honest and care "But," interrupted one of his friends titles. Rights of labor and of business ful effort to learn the facts and the traveling with him to the Pacific coast, are being given more protection by law and who in that case was not legal "you have already built up a remark way of liens of various sorts dependent ly liable for an error in judgment, able business. Why not save some of for their efficiency upon proper record when he takes a place as one of the this advertising money and run along ings in public offices and prompt atten cogs in the machinery of a title com on momentum for a while?" tion in the courts. Taxes of increasing pany, has his opinion backed by the "Well," Mr. Wrigley said, "we have variety with resulting liens to compel assurance of the title policy that if had a fine, fast trip west from Chicago their payment are being devised each that judgment is erroneous, the insur so far. How much progress do you year. Citizens and corporations of dif ing company will pay any loss result think we would make if they took off ferent states are dealing more and ing therefrom. the engine?" TITLE NEWS Recent Court Decisions on Title Matters DEEDS, BUILDING RESTRICTIONS.-Building Line crence to purchase; court holding that having notice of restrictions are valid whether in the first or last part of lease he was chargeable with knowledge of its terms; but the deed and will be enforced by injunction. A recital in also holding that an option without price or terms being a deed that property is ubject to "restrictions, if any" is fixed, and prescribing no means of ascertaining them, was notice of restriction in deed to other property by previous unenforceable under the statute of frauds. (Cerrato vs. owner. An agreement in early deeds to impose restrictions Megaro, 126 Atl. 531). on other property in later deeds is binding on purchases of TAX SALE.-When under tax act personal service of the other property. (This principal seems very harsh when notice to redeem from tax sale is required, the service of one considers the practical difficulty of finding restrictions such notice need not be made by official or in a particular outside the chain of title.) If no expiration is given in the mode. Evidence showing that person so entitled actually deed, restrictions do not expire until the character of the 1·eceived the notice is sufficient. (McKenna vs. Harrington neighborhood has completely changed. (Milligan vs. Bal Co., 126 Atl. 532). son, 264 S. W. 73.) SPECIFIC PERFORMANCE.-Will not be granted LEASES, TAXES.-A lessee under a lease requiring him where time of payment is material and the delay is not to pay all taxes is not compelled to pay the lessor's income excused and justified. After a purchaser has fully deter tax on the rents. (Elliott vs. Winn, 264 S. W. 391). mined he will not complete his purchase, a contract of that LEASES, VERBAL.-A verbal lease for more than a nature should not be considered as automatically year (which would be void as a lease under the Statute of converted into an option of purchase in his behalf Frauds) is valid if the lessor verbally ratifies it each to enable him to year. change his mind at some future (Guelledge vs. Davis, 264 S. W. 441). time. (Fcx vs. Fridrich, 126 Atl. 335). MORTGAGES, INSURANCE.-A clause in an insurance LANDLORD AND TENANT.-A surrender of lease by policy declaring it void if a mortgage is executed is valid. act and operation of law arises only when the minds of the (Day vs. National Fire Insurance Co. 264 S. W. 467). parties to a lease concur in the common intent of relin TAXATION, SPECIAL ASSESSMENTS.-The assess quishing the relation of landlord and tenant, and the par ment of special tax bills to a line midway between streets ties execute this intent by acts which are paramount to a is void. (Parker vs. Dodd, 264 S. W. 651). stipulation to put an end to the lease. (Lott vs. Chaffel, MORTGAGES, FORECLOSURE.-A trustee's sale in 126 Atl. 559). foreclosure ls valid even though he does not have the deed TRUSTS.-A trust is implied whenever circumstances of trust or notes in his possession. (Dolan vs. Talle. 263 are such that person taking legal estaLe, whether by fraud s. w. 244). or otherwise, cannot enjoy beneficial interest without violat AGENTS, COMMISSIONS.-Real estate agents can ing honesty and fair dealing; and when one conveys title agree to divide commissions and such agreement is valid to another in reliance upon the latter's promise, violation unless either principal relied on agent for advice or infor of promise for grantee's advantage is a fraud, for which mation. (Edward vs. French, 263 S. W. 132.) equity will make grantee constructive trustee for benefit of . DEEDS, CONSTRUCTION.-A deed is construed in fav grantor or his beneficiary, notwithstanding grantee enters or of the grantee rather than the grantor. (Hobbs vs. into agreement with honest intention of performing. When Yeager, 263 S. W. 225). express trustee converts trust property, contrary to his duty, WILLS, RESIDUE.-A contingent reversionary interest cestui may follow property, if it has not passed into hands of in grantor "and his heirs" passes by a residuary clause in bona fide purchaser, or may hold trustee responsible, personally. his will. (Hobbs vs. Yeager, 263 S. W. 225). (Miller vs. Belville, 126 At!. 590). RECEIVERS.-Deals INTOXICATING LIQUOR-In a State injunction suit with right of chancery court in Vermont to deal against use of real estate because used in violation of Na with and fix priorities of various kinds of tional Prohibition Act, a bond must be given or the suit claims, as between municipalities, general creditors, will be void. (Ex parte Gounis, 263 S. W. 988). mortgagee and lien claimants. (We!':tinghouse Elec. Mfg. Co., vs. Barre & Montpelier T. & P. Co., 126 Atl. 594). MORTGAGES, FORECLOSURE.-The pledgee of a deed MORTGAGES.-A mortgagor, as a defense in foreclos of trust and notes as collateral can request the trustee to ure of a mortgage, can not set up a subsequently acquired foreclose without request of the original holder or pledger. tax title. Nor can a mortgagor, when mortgage contains a (Schelp vs. Nichols, 263 S. W. 1017). covenant of quiet enjoyment, set up in defense of foreclos MORTGAGES, FORECLOSURE.-Where a collateral ure a superior title subsequently acquired by him. (Ripley pledgee of a mortgage buys land in at the foreclosure, he vs. Schenck, 126 Atl. 603). holds in trust for the original holder or cestui que trust WILLS.-(a) Word "and" may be read as "or" where t•pon payment of the collateral note. (Schelp vs. Nicholls, necessary to effectuate testator's obvious intent. (b) Gift 263 s. w. 1017). to persons, not constituting class, by name, is to them indi DEEDS, BLANK.-Where the name of the grantee in vidually without right of survivorship. (Elizabeth Trust a deed is left blank and a purchaser inserts his own name, Co., vs. Clark, 126 Atl. 604). without authority from the grantor, the deed is void. (De EMINENT DOMAIN.-The legislature may vacate a laney vs. Light, 263 S. W. 813). public street without compensation to landowners of street DEEDS, NOTICE.-A grantee under a deed of gift with either near or abutting part of street vacated; and where out valuable consideration, takes subject to an unrecorded public utility commissioners adjudged a street grade cross ~-endor's lien even though he did not know of it. (Rickard ing to be dangerous, and ordered railroad to relocate it, vs. Dorsey. 264 S. W. 51). the property owner is held not entitled to enjoin the clos BOUNDARIES.-Mutual recognition of a boundary line ing of the existing crossing because he owned land fronting by an adjoining proprietor, who is not in chain of title of on public street near part vacated. (Coombs vs. Atlantic land in controversy, is immaterial. (Whitman vs. Lowe, City R. Co., 126 Atl. 606). 126 Atl. 513). EASEMENTS.-Where closing of road would not occa VENDOR AND PURCHASER.-Specific performance sion irreparable injury a bill to restrain railroad company decreed notwithstanding the refusal of vendee to perform from relocating highway crossing on ground that plaintiff upon the ground that while he knew of a lease he did not had private easement in old crossing was held to present know that it contained an option to lessee to have first pref- question for law court only as to whether easement, if TITLE NEWS 5 any, survived vacation of highway, and bill was dismissed. EXECUTORS AND ADMINISTRATORS.-Order for Adverse user, if relied on to establish private easement, sale of land given wife for life or widowhood held author must show use to have been continuous, uninterrupted, and ized where payment of debts of estate out of rents would under claim of right adverse to owner, al! for statutory be burden on her. (Staples vs. Newton, 126 Atl. 625, R. I.) period. (Coombs vs. Atl. City R. Co. 126 At!. 606). ADOPTION.-An adopted child will inherit from intes DAMAGE TO REALTY.-Action for damages to realty tate foster father under statute in force at his death. The in New York will not lie in New Jersey court, and the rights of descent flow from the legal status of the parties, court not having jurisdiction over the subject matter will and, where the status is fixed, the law supplies the rules not be given jurisdiction by consent of defendant. (Van of descent, with reference to the situation as its existed Ommen vs. Hegeman, 126 Atl. 468). at the death of the decedent. (Appeal of Latham, 126 Atl. FIRE ESCAPES.-A fire escape placed upon a building 626, Me.) in compliance with, and approved as required by, state law vVILLS-APPLICATION OF. ADOPTION STATUTE held not to be a private nuisance; but a lawful obstruc OF NEW JERSEY TO INTERPRETATION OF.-Formu tion upon the public highway which all users of the high lates rule "that where a testator by a will executed and way must heed. (W. B. Wood Co. vs. Balsam, 126 Atl. 480). probated during the existence of our statute as to adop DEED-CONSTRUCTION OF.-Effect must be given tion, devises property to a class designated as 'heirs,' 'law to terms of a deed where no doubt or obscurity exists, and ful heirs,' or 'legal heirs,' (in cases where, prior to the in such case a practical construction by the parties can not statute of ado[.ition, such words would have been held to affect the construction. Held that reservation was of wood mean 'children or children' and 'or the children of deceased and timber standing at execution of deed and would not children') he must be deemed, in absence of evidence to include that growing thereafter. (Bragg vs. Newton, 126 the contrary elsewhere in the will or surrounding circum Atl. 494). stances, to have intended to include within such class chil JUDGMENT.-As between two actions, there must be dren adopted pursuant to such statute, as well as natural identity of parties, of subject matter, and causes of action, born children or grandchildren," and explains why word in order that a former judgment may be an absolute bar "i:ssue" was not included, i. e., because of statutory provi to a subsequent action. (Buck vs. Hunter, 126 Atl. 504). sions. (Haver vs. Herder, 126 Atl. 661). DESCENT AND DISTRIBUTION.-It was held error BROKERS.-Broker without exclusive authority not en in a suit by one in behalf of himself as heir, and of all titled to commission, where not proximate, efficient cause other heirs similarly situated, to i·efuse to permit amend of sale. (Bridgeport Land and Title Company vs. Lang ments making administrator and other heirs parties plain don, 126 Atl. 863. Conn.) tifl'. (Buck vs. Hunter, 126 Atl. 504). ADOPTED CHILDREN.-The right of adopted children TRUSTS-CHARITIES.-Death of person or disband to take the estate of the adoptive parent is controlled by ing of corporation named as trustees will not destroy a the statute in force at the time of the parent's death rather trust under Connecticut statute which provides that court than as of the date of adoption. (In re Hagar's Estate, 126 may supply trustees; and therefore a corporation formed Atl. 507). by representatives of four out of five German organizations DESCENT AND DISTRIBUTION.-The right to take r.amed by a testator, where fifth had disbanded, and where title by devise or descent is a statutory and not a natural testator had provided that other Germ¥ organizations right. The legislature may attach conditions to such right might be invited to co-operate was such a separate organi and change the conditions under which such right shall ex zation as testator intended to administer the trust fund. ist. (In re Hagar's Estate, 126 Atl. 507.) (City Missionary Soc. vs. August Moelle1· Memorial Foun INHERITANCE AND TRANSFER TAXES.-Are not dation, Inc., 126 Atl. 683). taxes on property but rather conditions under which inher ATTACHMENT.-Bond given to secure release of at itances by descent or devise may be taken. (In re Hagar's tached property was statutory bond and a substitute for Estate, 126 Atl. 507). oroperty, and for lien of attachment, notwithstanding it SPECIFIC PERFORMANCE.-Specific performance, be was less in amount than value of attached property; and ing within the discretion of the Court, will not be decreed where attachment would have been dissolved by adjudica if the title involved is unmarketable or substantial doubt tion of bankruptcy within four months thereof, bond was as to its validity exists. (Neill vs. Petry, 126 Atl. 608). discharged by such adjudication. (McCann-Camp Co., Inc., WILLS.-It is held that where a will devised lands to vs. Globe Indemnity Co., 126 Atl. 687. Conn.) · person which were "to go to his heirs at his death" that EXCHANGE OF PROPERTY.-Where one month lease under the rule in Shelley's Case the devisee acquired title was by consent of parties to contract for exchange of to such lands in fee; and that the New Jersey statute mod pro1.erty, included in adjustment of rents, and not consid ifying the rnle applies only where land is devised for life ered as an iP.cumbrance, the existence thereof did not con and there are children in whom remainder can vest. (Neill ~titute an incumbrance in violation of the contract. vs. Petry, 126 Atl. 608). WILLS.-Absolute devise held not cut down to life use DEEDS.-Conditions subsequent are not favored in equity by succeeding clause. Primary question is testatri;x's In and are to be construed strictly because they tend to de tention and positive devise in fee or absolute bequest not stroy estates. (In re Y. W. C. A. of N. Y., 126 At!. 610). cut down by clause not clearly expressing such intent. Clause CHARITIES.-Under statutory provision the chancellor open to implications will not cut down devise in" fe~ ~ to i~ authorized to order that lands conveyed to a religious, lesser estate, as early vesting of estate favored, first 'taker educational or charitable association be sold, when a sale heing preferred and defeasance provisions disfavored. (Hull will promote or benefit the trust. Such sale may be made vs. Hull, 126 Atl. 699). free from the limitations of the trust, and the trust will WILLS.-Absolute devise may be cut down by subse thereupon attach to the proceed of sale. (In re Y. W. C. quent J.ffO\·ision clearly showing intent to give lesser es A. of N. Y., 126 Atl. 610). tate. Limitation on prior devise of estate in fee read as EASEMENTS.-One cannot create an easement in part applying exclusively to event of devisee's death during tes of his property for the benefit of the rest by mere user, tator's lifetime. Devise of fee to sons surviving testator which could not be adverse to title or right of owner of held not cut down by devise to daughters in case of sons' entire property; and a mere right of way, not apparent death without issue. Absolute gifts can not be cut down and continuous, but enjoyed at intervals, leaving no visible by mere implication. Clause authorizing widow to en sign of its existence in the interim, is not such easement croach upon principal of estate absolutely deYised to chil as will pass under term "appurtenances" unless g':antor dren construed as giving her right, if her necessity re uses language sufficient to create the easement de novo. quired, to use principal to such extent as to make her com Easement for right of way will not arise by implication fortable during settlement of estate, without having 'to on severance of title to dominant and servient tenements, apply to probate court for allowance, as any other con unless necessary to beneficial enjoyment of land granted struction would cut down by implication devises in fee. or retained. (Faas vs. Wallwork, 126 Atl. 620). (Burnham vs. Burnham, 126 Atl. 704. Conn.) 6 TITLE NEWS TITLE NEWS But a study of this point bringd munity augmented by the "tradition Monthly Publication of many interesting things to mind. In ary" title given them by the old settlers the first place, the title business is, to and residents, issue a certificate of •;itle. The American Title Association a certain extent, one of a limited out In parts of the country where such Publlahed monthly by Kahle Brother• Company put. All business is, to some degree, a scheme is used and practiced, natur a1 the olllcial oriran of th• Amerlean limited by the law of demand, custom, Title A11oclation. ally there are a number of lhem in Publication Office Mount Morris, Ill. style, fad and other influences that in· the business, practically every Attor EDITOR crease or decrease the volume of sales. ney is competent and does do such Richard B. Hall,...... - ...Hutchln1on, Kansas. The title business however is confined work. The Hall Abstract Company entirely to the amount of business made Entered as aecond class matter. December But taking into consideration only 15, 1921, at the post office at Mount Morrie, by the movement and activity of land. the real recognized abstracters and title Illinoi1, under the act of March 8, 1879. This means therefore that there is only companies in those places where mod OFFICERS Frederick P. Condit, President, New York City a limited amount of business, and the ern abstracts and title insurance is Title Guar. & Trust Co. 176 Broadway. more in it the less for each one. Henry J. Fehrman, Vice President ...... used, plus the number of real attor ...... Omaha, Neb. In most places of a large population neys and conveyancers l'('Cognized as Peters Trust Co. there are but a few title companies, in specializing or competent in title work, J. W. Woodford, Treasurer ...... Tulsa, Okla. Title Guarantee & Trust Co. some but one in number; while in the there probably are not more than half Richard B. Hall, Executive Secretary, ..... - ...... smaller ones there are sometimes a rloz of seven thousand in the country, if ...... - ...... Hutchinson, Kas. Hall Abstract & Title Co. en, all of them dabbling in the busi that many. Executive Committee. ness, or else just one or two real es Henry J. Fehrman, Chairman, Frederick P. Condit, Ex-officio. tablished abstracters and the rest hav With this comes the question, What J. W. Woodford, Ex-officio. ing it as a weak side-line. In fact there Donze! Stoney ...... San Francisco, Calif. is the membership of the association Title Insurance & Guaranty Co. is one noticeable thing, and that is that and is that membership representative Goldinir Fairfield ...... Denver, Colo. there are but a few-one, two, th1·ee, Title Guaranty Co. of the business? Certain it is tha~ the Georire E. Wedtholt ...... - .....Bay City, Mich. but rarely more-abstract and title membership is representative of the Northern Title & Trust Co. companies in the larger cities. 'l h~ title business. P. W . Allen ...... Greeley, Colo. main reason for this probably is· be Weld. Co. Abstract & Inv. Co. There are many not in the org:miza J. P. Durkin ...... Peoria, Ill. cause of the capital necessary in a large Title & Trust Co. city for a plant and the over-head, cost tion who should be, but the field has M. P . Bouslog ...... New Orleans, La. been pretty thoroughly canvassed from Union Title & Guarantee Co. of maintenance and conduct of busi J. M . Whitsett ...... Nashville, Tenn. ness. The other is that the existing time to time, and nearly 100 per cent of Guaranty Title Trust Co. the real, energetic, recognized and es Walter M. Daly ...... Portland, Ore. ones have survived through the growth Title & Trust Co. of the community by the quality of tablished titlemen and companies of the Title Insurance Section. country belong. Donze! Stoney, President .. San Francisco, Calif. their service and efficiency and skill. Title Insurance & Guaranty Co. The limited volume of available busi . Most businesses recognize the fact W . J. Davis, Vice President .. New Orleans, La. Atlanta Title & Trust Co. ness only justified the maintenance and that trade and commercial organiza Wellinirton J . Snyder, Secretary ...... existence of a limited number of ade·· tions are essential to the existence of ...... N~~th.Phti;;
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