JANUARY, 1927

·' _., __ Page 2 The Monthly Letter ______,______- " 3 Editor's Page .. ------·--- --·------_ --~------·- Meet- Program and Announcements of Mid-Winter -- --- " 5 ing ·------...... -- "History of Titles to Real Estate" By Hon. Justice Clyde E. Stone, of the Illinois " 6 Supreme Court______------"--···· -- ·------Title Advertisements Meritorious " 7 Another inter esting example. ______-----·····----·------Photostat System of Recording" "The " 8 By I. E. Leininger, Rochester, N. Y...... " 10 Report of Washington Title Association Meeting Insur- "Relation of Abstracter, Examiner and Title ance" ·-- '' 13 By C. S. Hale, St. Louis, Mo .... ·········----··-- ···--······· "Origin and Growth of Title Insurance in Philadel- phia" " 14 By Oakley Crowdick, Philadelphia, Penna.

Questions and the Courts' Answers Law ···· ···--· " 16 The Monthly Feature...... --·····--·············· of Land Titles Abstracts · _____ " 17 Another im;tallment of this series ...... ------··· The Miscellaneous Index ····· -- ··· " 18 Interesting news items------··· ·· ·· ····-- ········· -- TITLE INSURAN CE SECT ION ABST RAC T ERS SECTION

CUA I Rlw!AN JAMES 5. JOHNS. PCNOLETON. ORE, CHAIRMAN HENRY J DAVEN PORT BROOKLYN , N Y . V.ICE" CHA I RM AN V E RN E HEDGE, LINCOLN, NEB. VICE CHAIRMAN EDWI M H LI NDOW , DlTRO I T . M ICH . SECRETARY J R . M O RGA N , KOKOMO, IN O, SECRCTARY

J W WOODFORD, SEATTL C, W ASH . P R ESI D ENT EXECUTIVE COMMITTEE WALTER M . DALY, PORT L A N D , ORE. -. WALT ER M . DALY, C H "-IRM A N # V ICE P R ES ID E NT HENRY J. F EH R MAN. OM A H A , N Eii . ~ EDWARD C . WYC KOFF, N E W ARK , N. J J . L. C HAPMAN , C L EVEL AND , 0 T CX . TR EASU RER HENRY BALDW I N , CORPUS C HRI STI , L IF. OFFJ CE 01' EX"F.CUT JYE SECRETARY OONZ EL STONEY. SAN FRANC ISCO , C RICHARD B . HALL., KA NSAS CI T Y . MO. M . 0 . BO U SLOG , GU LF PORT. MI SS . TITL.S: .S TRUST llL.OG . EXECU T IVE SECRETAltY FRED P . CONDI T , NEW YORK C I T Y K AN SAS C TTC> ", MO. ANO O F F ICERS OF ASSOC IATIONl ANO C H A I RM E N OF SECTIONS EX-OFFICIO J anuary 20 , 1927

Fellow titlemen:

This is t he y ear when t he legi slatures of -· t he various sta t es meet and titlemen should awaken t o t he I1 fact that their business will receive an ample shar e of consideration from the lawmakers meeting i n session. l In fact indications point that mor e t han t he usual number 1 of bills, as well as some of a novel and drastic nature j will be conceived. ~

This is due not onl y to the f act there is a tendency to regulate all businesses but a l s o because legis­ latures are meeting immediately after ele ct ion and a great number of bills will be introauced, incl uding some which will be direc~ed at the abstract and title i nsurance bus­ i ness. The title industry should encourage and suppor t such things as will improve and s i mp lify t he title s ystem, or stabilize and elevate the title business. It should like­ wise discourage such things as would prove i mpr actical ·or detrimental.

There is no place, necessity or demand founded upon knowledge or logic for "official county abstracters" regulation of fees, making the abstract business a publ ic venture, or expansion of the "hokus pokus" Torrens Law. Many bills providing for these things are already prepared and waiting to be introduced. The Torrens advocates arc well organized and very busy. The title a s s ociations, t his year, have a real job in· looking after these things.· 'The St Bt e Associations are the available agencies for overcoming t horn .

The American Associa tion and the whole title frc. t er­ ni ty s tnnd r eady to assist titlemen in every locality in foster i ng and encouraging good regulation and suppressing t he undesirable.

Executive Secretary F ~ · ~ TITLE NEWS A publication issued monthly by The American Title Association Publiohed montlll11 at Mount MOl'T'U, IUinm.; Editorial offiCtJ, Kanaaa Cit11, Mo. Entered aa -....dc!aaa ma/Ur, D..,,mber 16, 1911, at t"- poat offiCtJ at Moum Morria, IUinoil, undf7' IM act of March~. 1879.

Vol. 5 JANUARY, 1927 No. 12

Editor's Page

The coming Mid-Winter Meeting is going to be very interesting. The program is shown on page five of the January TITLE NEWS and an inspection of the topics listed will show some vital questions are going to be discussed. Those who will present them have been ·giving seri­ ous thought to their study, and the things that will be expressed to­ gether with the ensuing discussion will create more data and infor­ mation on title subjects. Advance reservations indicate a large crowd will be in attendance. Everyone will find it worth while to at­ tend. Hon. Clyde E. Stcme, Justice of the Supreme Court of the State of Illinois, has prepared an interesting and readable story on "History of Titles to Real Estate." He generously gave consent to print this in TITLE NEWS. Everyone should read it. Much interest is being displayed in the photographic system of recording. In some places abstracters have a joint contract with the county whereby they do the county recording and by making two copies se­ cure one for their take-off at the same time as fulfilling their record­ ing contract. This system is being used by counties in many states and is finding particular favor in some of the larger cities. Its uni­ versal use is being advocated and so many inquiries have been made of the association for information and data on the subject that the editor asked an official of the Photostat Company to prepare an ar­ ticle. Two interesting articles by men of standing and experience in the title world appear in this issue. The relation existing between the work­ ers of the three branches of the title business is given a nice explan­ ation by C. S. Hale of St. Louis. Oakley Cowdrick of the first and oldest title insurance company in the country tells some interesting bits of its origin and the growth in its home city. The committee appointed to investigate the advisability of creating a board of title insurance underwriters received a hearty response to its preliminary work and Mr. H. N. Camp, Jr., the chairman, gives an explanation of the reasons for creating this board and a report of t the work done so far. This matter will receive final consideration at the Mid-Winter Meeting.

---- I ...... 4 TITLE NEWS The Annual Mid-Winter .... _ Business Meeting and Joint , Conference Of State and National Association Officials

Held by The E!JnertcanTitle association

Will Convene in Kansas City, Mo. .t. · · February 4-5, 1927 Headquarters - - Kansas City Athletic Club

This meeting will be of direct benefit and influence to the title business. Every member of the state and national associations is invited to attend. Read the program of interesting and timely subjects that will be presented. Come and benefit from listening to their presentation and discussion. It will be pleasant and profitable to mingle with your fellow titlemen from the entire country.

Write the Executive Secretary for reservations

------TITLE NEWS 5 Much Interest Shown In Midwinter Meeting Large Attendance Indicated; Program Shows Consideration Will Be Given to ~ Timely Subjects. Everyone Invited

There is a great deal of interest in national organization and to the title transaction of such business as is the Annual Midwinter Meeting and business in particular. It is intended necessary. Work of the past is re­ Joint Conference of State and National that the problems of the state and na­ viewed and given further impetus; Offici!lls. A large number have sent in tional associations be "aired" and plans future plans are made among the im­ reservations and there will probably be made for their solution; that things can portant of which is the planning of the a record attendance. be presented and planned that will next convention. Many state officials are coming. make their existence of more use and Attendance at this meeting is not Some states will be represented by one, benefit to the members; that problems limited to state officials, national as­ some by two or more, while one state and questions of the title business can sociation officials or committee mem­ will have its entire executive commit­ be presented and methods decided upon bers or workers. Everyone is invited tee present. that will advance its efficiency and wel­ and anyone attending will get much fare. The chairmen of the various national benefit and pleasure from mingling In short, the state association committees and some of the and the national with titlemen from over the entire title associations members of each committee, in fact, all are the mediums for country and hearing the discussions. the advancement or some of them will be on hand to take and protection of the It will be not only pleasant personally business, and part and study and consider their work. when they are apprized but prove of great value in his busi­ of the thing·s necessary to be done and ness. Chairman Daly has given careful at­ plans formulated for their accomplish­ tention and consideration to the prep­ ment, the title business will reap and The meetings will be held in the aration of the program and selected the receive the reward and benefit. Kansas City Athletic Club. This will be seemingly most important subjects. headquarters The first day's session is given over and guests will find every Capable leaders have been assigned to entirely to consideration of these accommodation and convenience within each and an interesting meeting will be things. The second is for the consider­ the building. It is believed these will the result. This session is an import­ ation of the past, present and future add to the pleasure of the visi · ant one.. to the state associations, to the work of the American Association, and The program is shown belo·.

PROGRAM Annual Midwinter Business Meeting and Joint Conference of State and National Offlcials, Kansas City, Mo., Feb. 4-5, 1927

FRIDAY SATURDAY "What the State Association Can Do for Its Members."@ By Benj. J. Henley, President of the California Land Breakfast Conference for State Officials, in charge of Rich­ Title Association. ard B. Hall, Executive Secretary, American Title Asso- Executive Vice President, California-Pacific Title & ciation. ~ Trust Co., San Francisco, Calif. fl \ Report of Chairman of Title Insurance Section, Wellington / "The Value of Regional Meetings Within a State." LV J. Snyder. By James S. Johns, Chairman, Abstracters Section, Report of Chairman, Abstracters Section, Jam es S. Johns. ;7 "Sta=~s!;:~:~i:::t;~:s~::~~c::Po~~~:~~leton, Ore(() Report of Chairman, Title Examiners Section, John F. [).. By Hugh Ricketts, Secretary Oklahoma Title Associ~n, &~ ~ Secretary, Guaranty Trust Co., Muskogee, Okla. Report of Committee, Study of Title Insurance Losses and ~ Creation of Board of Title Insurance Underwriters, H. l2J "What the American Title Association Can Do for ~ Members." N. Camp, Chairman. By Henry J. Davenport, President, New York stWe Report of Committee on Title Insurance Rates, Benj. J. JJ Title Association, Henley, Chairman. . President, Home Title Insurance Co., Brooklyn, N. Y. Report of Committee on Government's Attitude in Accept- fn J "Building Attendance and Interest in State Associatio ing Title Insurance Policies on Government Property, \J./ and Their Meetings." W. J. Snyder, Chairman. By Fred T. Wilkin, Secretary, Kansas Title Associat , Report of Committee Manager, Security Abstract Co., Independence, Kans. on Advertising, Tom Dilworth, Chair- {J) man. "What the Abstract Business Needs, and Suggested Remedies." Report of Committee on Cooperation, Paul D. Jones, Chair- (0 By 0. N. Ross, President, Iowa Title Association, man. President, Sioux Abstract Co., Orange City, Ia. Report of Committee on Organization and Membership Ex- 1iJ'i "Can· Title Insurance Policies and Abstracts be Standard­ t ension, Forrest M. Rogers, Chairman. '(!/ ized for All States?" Report of Committee on ).927 Conv~ntion, J::l'L lto1111 ft.Rf., --:::-i By Harry C. Bare, Secretary, Pennsylvania Title 1 Association, ~ · mm. U..~~ - "" , . 9' Vice President, Merion Title & Trust Co., Ardmore, Report of Committee on Noon Conferences, 1927 Conven- , I ll Pa. tion, Harry C. Bare, Chairman. \'....!/ TITLE NEWS than feet as we now know measure­ "History of Titles to Real Estate'' ments. The price of the land was shown. The tablet upon which it was By Hon. Clyde E. Stone, Peoria, Ill., Justice Supreme written appears to have been sealed in the presence of the r oyal scribes of the Court of Illinois city and witnessed by divers persons. Perhaps of the ancient peoples, less ~ The early history of man shows much cylinder. By this means, in case the is preserved of the methods of transfer of the ownership of real estate and the copy became defaced, the cylinder of real estate by the ancient Greeks passing of the same from father to might be opened and the original found than almost any other people. Rich as .children by inheritance. It is so told there. About this time it became like­ was this land in literature and art, lit- wise in the Old Testament of the possessions the custom to mark the transfers tle attention appears to have ~been of Abraham. Under the laws of Moses, of land by monuments placed on the given to the matter of the preservation lands were hereditary and could not be land itself. These came to be known of the law particularly as relates to the alienated for a period of more than as landmarks and the laws of those means of transferring real estate, al­ fifty years except within the walled times made very severe the penalities though it does appear from the writ­ .cities. The reason for this was that of the man who "removeth his neigh­ ings of Lycurgus and Solon, the law­ every fiftieth year was the year of bor's landmark," and out of this no givers, that individuals were prohibited jubilee in which the trumpet was doubt grew the very familiar proverb: from possessing as much land as they sounded in proclamation of liberty to. "Remove not the ancient landmarks pleased in certain states of early all inhabitants of the land; and it was which thy fathers have set." These Greece, ·while in others the sale of by the Mosaic law ordained that every landmarks were in lieu of other evi­ property was forbidden. Fragments man should at that time "return unto dences of transfer. of laws preserved tend to show that his possession,'' and the custom arose There is much of interest in the the preservation of the original lots of making transfers of real estate for study of Egyptology as it relates to and tracts of land was required. It is a period of fifty years. Evidences of the history of the transfer of lands. In shown that in Attica, one of the states title such as deeds or instruments bear­ the days, centuries before the time of of early Greece, stone pillars were ing witness of the transfer of real es­ Abraham and Jeremiah, it is related placed on the lands in case of a mort­ tate are not referred to or described by Herodotus that the soldiers of the gage, giving the name of the lender in the Bible history of that time, but it kingdom were given certain small and the amount of the loan, and it is appears by that history to have been tracts of land which appears to have recorded that in many places the coun- the custom for the man who trans­ been in exchange for military service. try resembled a large graveyard by ferred the land, to pluck off his shoe The system used contained many of the reason of the erection of stone monu­ and give it as a testimony of the trans­ features of what later came to be ments as evidences of the mortgaging fer. This ceremony· appears to have known as the feudal system of hold­ of the land. been conducted i"n the presence of the ing lands in England. Our system of evidences of transfer elders and people generally who might It is interesting to note, as told us of land have grown out of the feudal be called upon to witness the transac­ by Prof. Maspero, that the early Chal­ system of England which became prev­ tion, that thereby notoriety of the deans made plats of surveys of their alent about the eleventh century and transfer might be had. Later on under lands, divided them into lots, which arose by reason of military necessity. the English law, a very similar cere­ surveys and plats were registered on It consisted of the granting of great mony took place in the transfer of clay tablets giving the name of the tracts of land by the king to strong land, by 'vhat is known as livery of proprietor of the lands, showing such lords who could assist in battle. These seizin, by which, when the, land was characteristics as dikes, canals, rivers under the feudal system were farmed transferred, the grantor gave a sprig and buildings as the same might be out to serfs who became practically of a bush or a tree or a clod of the used to show its boundaries. The evi­ the property of the feudal lord. By earth in making actual delivery of the dences of title were inscribed on hard and by the rights of t he holders of premises, and this was done in the pre_s­ slabs of stone like flint, which were set these lands became more and more dis­ ence of a large number of people m up as landmarks, and these landmarks tinct as between the feudal lords and order that it might be handed on by the contained a warranty clause which, the king and later through the origin memory of man that this transfer had translated, is to the effect that if any of copyhold estates the tenures of the been made. While there appears to be one or his relatives were to intend to tenants became more and more rec­ no authentic tracing of this custom to steal the field and remove the land­ ognized. Throughout all this there was the old Mosaic custom of giving a shoe marks or send a fool or a blind or deaf a growing tendency toward the record­ in the presence of many persons as evi­ person or a wicked wretch or an idiot ing of the rights of rrien in real estate dence of a transfer of property, it or a stranger to do this for him, or if and putting them in a permanent place seems entirely probable that it so orjg­ he shall take the landmarks and throw As the feudal system wore away and inated. them in the water or cover them with the rights of the tenants became more There is no definite date supplied us ground or mutilate them by scratching and more pronounced, leaseholds, copy­ by legal historians on which it can be them or burning, the Gods were called holds and indentures became means of said that deeds were first made use of. upon to cast upon him looks of wrath evidencing the rights of men and prop­ It is shown by the Book of Jeremiah, and destroy his strength and .extermin­ erty. The copyhold or leasehold estate that clay instruments of conveyance ate his race. Extended imprecations of the tenant came to be evidenced by signed, sealed and delivered, were in were thus made in the warranties of an instrument in writing which usual­ use about 600 B. C., for he describes the deeds shown on the landmarks of ly consisted of two copies of the in­ the ceremonies employed when he. the early Chaldeans, and it is remark­ strument written on the same paper "bought the field of Hannameel" while able to note that these evidences have and thereafter the paper was severed he was in prison. He states that he been traced back to a period not less in an irregular line so that the inden­ subscribed the evidence of purchase than 6,500 years B. C. tation of one fitted into the inQ. enta­ and sealed if and took witness and On down through the centuries has tion of the other and t hereby estab· transferred the money, wh!.:h he says come the development of the evidences lished ·its identity as a copy. And t hus was "even seventeen shekels of silver." of the transfer of real estate. More arose the indenture, an expression com­ About this time it appears to have than 500 years B. C. as is shown by mon today in t he instruments be ring: Babylonian history, during the t ime of evidence of t itles to land. It was called been t he custom. to make two copies of t he r eign of the son of Nebuchadnez­ an indent ure because of the indenta­ t he instruments of t ransfer on clay zar , conveyances wer e used t ransf er­ tions t hat were made by the irregular tablets. The original was placed in a ring land which h ad been previously cutting of the p aper in two parts, al­ cylinder of clay and sealed and t he copy mortgaged. T he land was described by t hough now of course it bears no &uch was inscr ibed on the o utside of t he metes and bounds using c ubits r ather significa nce. TITLE NEWS 7 In this country, with the exception of The practice of taking acknowledg­ edged before a magistrate or recorder the colony of the Carolinas, where an ments arose in England out of the use and recorded. This practice gradually attempt was made during the reign of. of false indentures that were not trace­ became established throughout the dif­ King James to establish a feudal sys­ able, and the statute on enrollments re­ ferent colonies and later the states of tem with a feudal lord and the char­ quired that the officer whose duty it this country. The practice of abstract­ acteristics of such tenure, no evidence was to make the enrollment of the ing was originally loose and careless, ."Jiii' of the feudal system was preserved deed, must have evidence that it was in because land values were not great, here. The grant to William Penn and fact executed and this evidence was de­ but as land values rose and the prac­ oth~rs were to grantee and his heirs al­ veloped by the use of the acknowledg­ tice of schemers to get lands without though there was retained as consider­ ment of deeds which were required to paying for them began to show the ation for the transfer a certain number be made either in court where enrolled weakness of the system of abstracting of bMver skins each year, whicp were or before officers directed to :rn.ake en­ and recording, its importance began to doubtless never paid, and in some of rollment. In the Massachusetts colony be more and more appreciated. It is the grants in this country, the king re­ in 1640, after the formation of coun­ now recognized as one of the most im­ tained a certain portion of the gold and ties, an ordinance was passed making portant avocations in the establishment silver that might be found on the lands, the clerk of the county court also re­ and safety of land titles. but the lands passed to the holders corder and directing him to enter all This in a very brief and a very in­ thereof and contrary to the fact with complete way is grants and sales of land with the a sketch of the history reference to many other legal customs of the origin of titles and of recording and many other laws, the law pertain­ names of grantors and grantees, the them. It is a very interesting thing ing to real estate was not brought into estate granted and the date. This ap­ to one who has a bit of the habits of this country in toto as it existed in plied to all sales and mortgages of the bookworm, to go into the subject England. land. It was held that a mortgage or more fully than could be done in a The development of the law of real deed was not in force unless acknowl- paper of this character. estate in this 'country is an interesting study but of course we are not dealing in technical real estate or legal history and it would perhaps tire you to even attempt to give a brief review of it. MERITORIOUS TITLE There is likewise an interesting his­ ADVERTISEMENTS tory of the business of abstracting. Ab­ (Examples of advertisements for the title business. A series of these will be stracts, as they were originally made selected and reproduced in "Title News," to show the methods and ideas of in England, and even to a large degree publicity used by various rnetnbers of the Association.) still show an origin of title usually not extending back over sixty years. The "HOME, Home, Sweet Sweet, Home UR Title Experts stand ready to serve you English abstract is prepared from or­ Tho far we may wander O when purchasing your new Home. Ask for There is no place like home." Potter Title Booklet with specimen policy, in· iginal unrecorded instruments and Protect it with a POTTER TITLE POLICY. formation, and rates. from family histories or pedigrees. It 1 5 1 c.,,. •• i,,.s.,,,i.. ,. Potter 'fiile tf fiizst Co. c.,... " "'' " ,. Potier 'fiile tf 'trust Co. shows only the interest of the one $1,000,000 four1hC1Gront ~ ~11$bur6h.Pa. $1,000,000 four1h {;G rant ~ P1nJl.iur6li ri.,, . person in the property and not the general condition of the title, and for this reason it becomes impossible to OME Buyers Need Title lmurance. Protect ou carry Ii.re insurance, accident, automo· bile and burglary insurance. Why not title yourself with a Potter PoUcyagain.st thepoB· show the general condition of the title H Yinaurancc to protect your new home? The first for any considerable period of time. It sibility of law.suits, financial lo.s.s and worry. premium is the last. is required however, that the abstract c.,,. •• i,,s ••,i.. ,. Poller 'fiile tf fiizst Co. c.,;•• 1,,.sorp1., ,. Poller 'fiile tf fiizst Co. cover a period of at least sixty years $1,000,000 four1h&Gronl $ Pi1ubur6h.Pa.. $1,000,000 four1h&Orant $ Pittd,u.r6h.Pa.. and it ordinarily commences with a deed or a will or sometimes by a des­ cent. The vendor's attorney makes the ROUND i.s the foundation of all wealth-But-a ITLE INSURANCE i• the applicafion of the principal Tol in•urance protection to transaction• invofu;ng the abstract and tenders it with the orig­ GDefective title makes ownership a• bad a• .rinking trans/er ol title. to land or the u.re of land as collateral quick-sand. A POTTER TITLE POLICY r'• tfte •urest aecurily. POTTER TITLE POLICIES PROTECT AND inal papers to the vendee's attorney protection for real estate owner.r. in.rure.

and he examines it. If he has objec­ 1 1 1 5 1 c.,,. .. " "'' "' ,. tions to it, he must note them in a c.'"" "'"'' "' ,. Poller 'fiil" tP 'trust Co. Poller 'fiile tf fiizst Co. $1,000,000 fourlh&Gr11nl $' Pitttbur6h.Pa. $1,000,000 fourlh&Grant ~ Pituburah.Pa. reasonable time or they are held to be waived. When the objection is sent within a reasonable time, it becomes UR lather< and mother< drove to church in a part of the abstract. While this O a buggy- We use Automobiles. The moder~ home buyer protect. again.st po4.si· method is in use in this country to bilityof/ois through a POTTER TITLE POLICY. some extent, the states generally now require the recording of deeds and c.;"~~ ,. Poller 'fiile tf fiizst Co. $ ' ' fi:tu11h&Gront $ Pit11hur6h.Pa. mortgages. In England, as we have seen, the livery of seizin was used until the in­ ENT Receipts are a poor e•fate to leave your widoUJ HE large1t bond iuue and the 1malle1t building R and children. A home protected by a POTTER Tlot both need the protection title inauranr:e ha1 troduction of what was known as Uses, TITLE POLICY should be the corner•tone of your to oHer. by which one might take title to the c.tate. POTTER TITLE POLICIES in•ure both property for the use of another. This c.,ua1&s.,,1.. Potter 'fiife tf fiizst Co. practice became so general and so mis­ $1,000,000 A fourlh&Oronl ~ Pin_,l,,ur6h.J.ia. chievous as to cause tht:!' enactment of what 'were known as the "Statutes of OTTER TITLE Insurance Policies have back Uses and Enrollments" requiring that P of them a Capital and Surplu• of $1,000,000 ROTECT Your New Home with a TITLE the transactions between parties shall and thirly·.seven year• of title experience. PINSURANCE POLICY issued by the he enrolled and prohibiting the passing Potier 'fiile tf fiizst Co. of lands by bargain and sale unless the four1h&Gront $ PittJl.tur6hJ>a. same was by deed indented and en­ rolled in one of the courts of W estmin­ ster or in the county before certain of­ One of the many attractive ads used by The Potter Title & ficers therein referred to. Trust Co., Pittsburgh, Pa. 8 TITLE NEWS old statutes were probably sufficient, The Photostat System of Recording but the new acts relieved the officials from any doubt. By I.E. Leininger, of The Photostat Corporation, N. Y. Recorthes Perhaps half the remaining states have broad statutes which do not men­ A new method of recording land highest grade of· linen record paper tion any particular method. In some~ instruments, in which photography and special carbon inks. The Photo­ instances, such as Wisconsin and Minn­ supercedes the pen and typewriter, is stat Record is made upon the same esota, legal opinion was at first rather attracting wide-spread attention among high grade linen record paper now against the photographic method, · but title men. The reason lies in a funda­ in use, but both surfaces of this paper nevertheless, Kenosha, Wis., and St. mental principle. The sole object and are coated with a pure, silver bromide Paul, Minn., after careful investiga­ purpose of a public record of land sensitize'd emulsion. When the origi­ tion adopted the Photostatic System. ownership is to safeguard title. It is nal instrument has been photographed Later after more thorough considera­ well known that the element of possi­ upon this sensitized linen paper and tion, the Attorney General's Depart­ ble human error enters into all rec­ the copy so made properly developed ment of the State of Wisconsin,. ren­ ords made by either handwritten or and finished, the record becomes a dered an opinion that "the · photo­ typewritten method. It is beginning permanent one which will last as long graphic method may be used for the to be realized that a copy so made does as the paper itself and without fading. recording of instruments." not go far enough. Even if the copy In fact this surface coating tends Legal opinion and such court de­ so made is correct as to wording, the to protect the paper from moisture cisions as are available are all for individuality of the original instru­ and gives added strength, which is broad and liberal interpretation of the ment is lost. It does not protect an advantage in favor of the Photo­ statutes, as indicated by the following against forgery or other attempts to stat Record outlasting all others. opinions of Mr. Sidney L. Samuels: attack the validity of a title. To that The photographic paper has high "There is a distinction to be ob­ extent the public records as now made orthochromatic qualities which make it served between those statutes which fail in their purpose. possible to photograph not only black are mandatory in their nature and The Photostat System has been de­ and white objects, but also deeds and those which are merely directory. The veloped for, and successfully accom­ instrument printed in color or com­ one must be implicitly followed, while plishes the maximum protection which binations of color. Red, purple or the other must be construed and ap­ a public record can render. It makes blue typewritting, colored inks, seals plied in the light of the conditions in a perfect facsimile of the original in­ of other markings are all clearly re­ which it was enacted." strument, a reproduction not only of produced on the record in whites and "The statute which provides for the writing, but of the signature, seal, .blacks. the recording of instruments is one punctuation or other markings that The time saved by the Photostat which is purely directory in its nature may appear in the instrument. No System is an item of greatest impor­ and, there fore, any means that may error in the copy is possible. No in­ tance in figuring cost as against any be applied to bring about the attain­ terpretation of crude or illegible hand­ other method. The records are made ment of the purpose of the statute writing is required of the recording rapidly and finished ready for binding is sufficient. The plain intent of the official. The Photostat Record is an in a very short time. The capacity of a statute is that a permanent record identical photographic copy of the or­ single Photostat Recorder is in excess shall be kept or all instruments per­ iginal instrument. Nothing is omitted, of 1,000 pages of record per day. The mitted by law to be filed with the nothing is added or changed. No al­ operations are all simple, such as the clerk. If the statute had provided teration of the record is possible with­ usual employees of a recording office that the recording should take place out easy detection. In this way the can readily learn in a few hours of in blue ink, it would have involved no Photostat System more truly realizes instruction, and the work itself is in­ departure from the law, if the recorder the intent and purpose of state laws teresting. were to use black ink, or ink of any controlling the recording of land in­ Operation. other color, so that the record would struments than any other method. be perpetuated. If, for example, no The Photostat Recorder makes other kind of ink had been manufac­ Man. photographic copies directly on both How It Affects the Title tured than black ink, when the statute sides of the sensitized inert paper, so By its speed it facilitates the busi­ could it be said that the there are no blank pages, and less stor­ was enacted, ness of the title man through prompt hold the clerk to age space is thus required for the fin­ statute intended to return of papers filed for record. By forever, when ink ished records. As the photograph is the use of black ink its accuracy and protection against would accomplish made through a prism attached to the of any other color alteration it reduces his risk, especially this lens, the resultant picture reads cor­ the same purpose? Manifestly, in title insurance. By improving the and rectly from left to right. statute is altogether 'directly' present method of registration it by 'directory' is meant a statute that strengthens his position with respect Legality of Photographic Recording, relates to something other than essen­ to the Torrens System. The statutes concerning recording tials." It is also possible for one or more were nearly all written years ago be­ "The law, unless there is a manifest title companies to install the equip­ fore photographic recording had be­ intent to the contrary, must be made ment for their own work and at the come known, and in many cases before flexible so as to keep step with the same time do the county work under even the typewriter was in common evolution of progress and scientific contract. Such an arrangement proves use. The obvious intention was to discovery, otherwise it would be a set a distinct benefit to property owners preserve and publish title to property, of principles, rigid and unbending, as a duplicate set of records is created rather than to prescribe the exact which could do no more than govern in a separate building and at a cost method. the immedia~ circumstances of the less than in making a single much There are but seven states where the generation in which it originated." by the manual system. set of records statute has been rewritten or changed "The law r elating to exemptions, is a duplicate set of rec­ So necessary to specifically permit photographic re­ if strictly construed, would be ineffec- counties ords considered that some cording. These states are Nebraska, tive under modern conditions because .._ maintain them at public expense. Kansas, Oklahoma, Missouri, Colorado, a family now no longer travels in the ~ Permanency. Utah and Michigan. old-time vehicle, but in a machine in which the motor is operated through The permanency of the handwritten Illinois and Florida without repeal­ of gasoline. If it were held or typewritten record depends on the ing their old statutes, simply passed the use quality of the paper and ink or rib­ news laws to enable certain counties that the exemption could apply only bon used. The custom is to use only the to use photographic recording. The to the old-time buggy or family surrey, TITLE NEWS 9 drawn by horses, then a new set of statutes would have to be enacted to cover the use of the automobile, and make it exempt from the payment of debts. Then again: If it is to be held that only those methods of re- ~ cording could be employed in record­ ing instruments that were used and utilized when the statute on that sub­ ject was passed, then the loose-leaf ledger would have to be abandoned, beca.use in that day it was unknown to the bookbinder. Then, too, it would not be permissible to use the type­ writing machine, because that is a method of printing and when the re­ cording statutes were passed there was no other method known to the genius of man that of recording all instru­ ments by the laborious and irksome, manual process of pen and ink. We might go a step further and say that since only the quill was known to the legislator when the registration statutes County Record Books Made from the Original Instruments were adopted, that it would be inad­ by the Photostat System missible to use the steel pen or even the fountain pen, and to realize the absurdity of such a conclusion, it is comparing of the record with the ings which are obtained through the only necessary to add that the law is original instrument. The Photostat use of photography, there is the assur­ not concerned with the methods so copy is of necessity a facsimile repro­ ance that the photographic copies are long as the record is accurately and duction. The identity of the original identical with the original documents properly kept." instrument is always preserved. The both as to content and clarity, thus Register of Deeds is relieved of the re­ eliminating any possibility of error in The use of the Photostat System in sponsibility of interpreting illegible the permanent or other records." a public record office involves no handwriting. He is enabled to handle a "With the advances made during the change in the general routine of the large quantity of work with dispatch past two years in the development of offic·e outside of the transcribing de­ and at low cost. photographic equipment and in the partment. The Photostat Recorder The fact that this system is already manufacture of 100 per cent rag simply takes the place of typewriters in fuff operation in a number of the ledger paper for photographic records, and lightens the labor of copying. The most important recording offices in the strength and durability of the papers as they are delivered to the several states in conclusive proof of the photographic records has been shown Photostat Department are first in­ thoroughness with which every phase by physical and chemical tests to be. spected and those that are not suitable of the recording problem has been greater than record paper formerly for photographing are separated and solved. It has had its most thorough used by the Recorder's Office." copied on the typewriter. Experience trial in Cook County, Illinois, where "Supplementing the experiences has shown that at first these instru­ "the increase in records photographed and opinions from some fifty govern­ ments which have to be rewritten on was from approximately 173,100 mental and industrial concerns who the typewriter are less than ten per standard pages during the fiscal year are using photography for making - cent of the total number and that as of 1924 to 1,214,354 pages during permanent and other records, outside the public realizes that the instruments 1925." The official report of J. L. expert opinions were obtained by the filed for record are to be preserved Jacobs & Co., efficiency experts to the Committee on Help at a hearing of in facsimile, more care is used in pre­ County Board, contains also the follow­ the committee on Dec. 18, 1924, from paring them and the percentage suit­ ing statements: Professor E. J. Wall, formerly profes­ able for photographing becomes al­ "Increased services and convenience sor at the University of Syracuse and most 100 per cent. Whenever, it is given to the public by the departments now Consulting Chemist of Boston, necessary to make a typewritten copy, using photography, and at a net total and from Dr. C. E. K. Mees, Director it is desirable to make a Photostat copy saving of approximately $326,990 as of Research of the Eastman Labora­ also so as to preserve a facsimile rec­ between the cost of manual and photo­ tories in Rochester. These experts ord as well. graphic recording." testified that the photographic process After inspection the instruments "Analysis of the information ob­ furnishes a more permanent, durable are sorted into their various classes, tained from these sources showed and economical method of preparing such as deeds and mortgages. The among other things that ( 1) an in­ records that the usual longhand or record book and the page numbers creasingly large number· of organiza­ typewritten method and that with the are then stamped on each page of tions, both governmental and indus­ quality of paper used and the methods the instrument. The location of every trial, have been using photography for established for the fixing and washing instrument in the record book is thus making permanent and other records of photographic prints in the Cook established _ and errors in indexing for periods varying from one to almost County photographic plants, the rec­ avoided. The sorted pages are then forty-three years; (2) that photo­ ords would last as long as the paper arranged in proper order of book and graphic copies when properly fixed itself." page •number and are copied on . the and washed are as permanent and dur­ "The Potographic method would in­ Photostat Recorder. The completed able as the paper on which the photo­ sure absolute accuracy and would re­ Photostat Records are again sorted graph is taken and are as clear and produce the original instrument upon and inspected, then trimmed, pressed lel!'ible as the originals; (3) that the the records in such fashion as to mini­ • ~--.... .-.nd 'prepared for binding. Check is organizations adopting this method mize, if not altogether avoid errors now made to be sure there are no after investigations, have found the that are common to all the other missing numbers or pages and that all photographic process to be more methods of recording. The spirit and are in correct order. The permanent speedy and more economical than any intent of the law is to bring about a binder is then put on. other method; ( 4) that in addition faithful reproduction of the instru­ The Photostat System requires no to the increased speed and money sav- ment filed for record, and this being 10 TI'l'LE NEWS the case, certainly, so far from invali­ of what letter was intended would be dating the process, it would be abso­ left to the person who inspects the lutely favored in law by its freedom records." from error. To illustrate: It is some­ "On the whole, it must be obvious times difficult in transcribing an instru­ that the law would not only allow ment which is altogether written in this method of recording, but would manuscript, to determine whether a positively encourage it, and, there­ given letter of the alphabet is an 'I' fore, I unhesitating answer that the or a 'J' and, therefore, something must be left to the varying opinion of photographic method is altogether recorder8, but in the photographic legal and may be used by the recorder process the instrument would be repro­ without fear of untoward consequen­ duced as it is, and then the question ces."

WASHINGTON TITLE ASSOCIA­ of the Washington Title Association in TION IN INTERESTING MEETING. the publication of that body, "The The Washington Title Association Northwest Real Estate Journal." held its 1927 Convention in the City President Joseph E. Hunt gave an of Tacoma. This Association believes interesting address that evidenced his in making a real event of its conven­ enthusiasm for the state association tions and has a good time as well as an and particularly the good work he had interesting and valuable program. done during his term. Business is mixed with pleasure and the James W. Woodford, President of the occasion made more pleasant by the American Title Association, was called banquet, sight-seeing trips, etc. upon and extended greetings from the Washington can now boast of having national organization. produced four Presidents of the Ameri­ J.ames S. Johns, Chairman of the Ab­ can Title Association and they were all stracters Section, was the representa­ present at the banquet of the 1927 tive of the American Association and meeting. Worrall Wilson, a former gave a fine talk on cooperation and President who served not so many what could be done by the abstracters years ago, was the Toastmaster. Near of a state working together, particu­ ELIZABETH OSBORNE him sat L. S. Booth, also of Seattle, and larly the advantages to be gained by Yakima cooperation among those in the same President in 1916; A. T. Hastings of Chosen Secretary-Treasurer Wash­ Spokane, President in 1909, and J. W. county. ington Title Association for coming Woodford, the present President of the Walter M. Daly, Vice President of year. the American Association, also of Seattle. Title Association and There was a fine attendance when President of the Oregon Title Associa­ of the Kings County Title Co., on "The President Joe Hunt called the meeting tion, was present and gave an inter­ Law in the State of Washington in Re­ to order. He called upon L. S. Booth esting talk on "Escrows." lation to Fixtures"; by A. H. Barn­ who read a letter from a former Pres­ Other addresses were given by Judge hisel of Tacoma, President of the Pa­ ident, J. E. Willis, now living in Wash­ Hugo E. 0 wald of Seattle, Title Officer cific Northwest Real Estate Associa­ ington, D. C., and who had presented tion, on "The Present Washington Law the Association with a gavel made from Regulating the Real Estate Business"; a piece of the only tree growing on the by Sidney A. Cryor, Counsel for the premises of Barbara Frietchie in Fred­ Federal Land Bank of Spokane, and W. ericktown. More interest was added to H. Winfree, of the Kings County Title the occasion when it was learned that Co., Seattle, who told of his company's Frank Hackman's father was in one novel scheme of building a title plant of the calvary regiments of Jackson's by photographing, using moving pic­ army that passed through Frederick­ ture reels. town on the day Barbara Frietchie C. H. Groth, delegate of the Wash­ raised the flag and became a historical ington Title Association to the Atlantic character. City Convention of the American Title E. L. Farnsworth, Secretary of the Association, told of attending that State League of Savings and Loan As­ meeting. sociations of the state, was introduced The Round Table Discussion, an an­ and responded with a talk that had a ticipated feature of this association's strong appeal to his listeners. He meeting, was held at 11 :00 a. m. of the viewed the relation between the title­ second day. men and money lenders, particularly The Executive Committee was the savings and loan organizations, and authorized to send, at its discretion, stated he was strong in his opinion that either the President or the Secretary only abstracts made by responsible ab­ to the Midwinter Meeting of the na­ stracters should be accepted and al­ tional association to be held in Kansas lowed by the state commissioner in­ City, Mo., in February. specting the collateral of such com­ The following Officers were elected: panies. President, C. H. Groth of the Whatcom Elizabeth Osborne of Yakima pro­ County Abstract Co., Bellingnam; duced a picture of the convention of Vice President, E. W. Fawley, of the the American Title Association held in Douglas County Title Abstract Co., Seattle in 1909. Particular attention Waterville; Secretary-Treasurer, Eliz­ was attracted to Charleton Hall and abeth Osborne of the Yakima Abstract his youthful appearance at that time. and Title Co., Yakima. T. W. Zimmerman, Secretary of the The following resolution was passed: Pacific Northwest Real Estate Associa­ C. H. GROTH RESOLUTION. tion, was present and generously of­ Elected President of the Washing­ WHEREAS, the Washington Title fered to publish a list of the members ton Title Association. Association at its twenty-third annual TITLE NEWS 11 convention has been favored with the President Woodford will give a hand­ membership was solicited by the state presence at its session of three of the some cup to the state association mak­ organization and then a letter stressing officers of the American Title Associa­ ing the largest gain in number. it be given consideration and attention tion, its President, James W. Woodford, Awards will also be given to the state sent to each of the several hundred by its Vice-President, Walter M. Daly, and secretaries making the largest percent­ Mr. Rogers. At the same time a letter James S. Johns, Chairman of the Ab­ age of increase. These will be in the was sent from the Executive Secre­ stracters' Section; and, nature of personal tokens. The first tary's office and an enclosure included WHEREAS, these three officers have will be some fitting gold gift of per­ of sample copies of TITLE NEWS, the each very ably addressed the conven­ sonal use and will likewise be given by directory announcement and postal. tion and materially added to the inter­ President Woodford. The second will Follow-ups will be sent and many est of and th·e profit derived by those be "Thompson on Real Property" and new members will be added. Last year att~nding this meeting; and, the third the choice of "Warvelle on created a new record when the member­ WHEREAS, their presence is an­ Abstracts" or McCune Gill's "Fourth ship was increased forty-nine and six­ other evidence of the program of co­ Edition of Tiedman on Real Property." tenths per cent. This year should be operation being fostered between the These second and third awards will be as equally succe sful. National Association and the State As­ given by Richard B. Hall, the Execu­ It is noted, too, that the number of sociations, Now, therefore, be it tive Secretary of the Association. members dropping out or allowing RESOLVED,-That the Washington The Plan Being Followed. membe1ships to lapse is almost nil. Title Association in convention as­ The membership campaign incurs a They are almo t without exception due sembled does hereby express its ap­ lot of work and the Chairman has a to consolidations, termination of busi­ preciation of the efforts · of the Amer­ big job. Forrest Rogers was given the nesf'es, etc., and none because of lack ican Title Association to assist in mak­ undertaking this year and has entered cf interest or inclination to believe that ing this convention a success and of the into it most enthusiastically. The co­ there is not value received. spirit of cooperation manifested by operation of the state secretaries was All these things are very gratifying sending its representatives to address first necessary but, as said, this was and evidence of the increasing realiza­ the asembly; and be it further given with enthusiasm. Prospective tion of the value and use of the state RESOLVED, That a copy of this lists were secured in each state. Their and national title associations. resolution be spread upon the records of the Association and a copy thereof be sent to the Secretary of the Ameri­ can Title Association. Dated at Tacoma, Wash., this 20th day of November, 1926.

MEMBERSHIP CAMPAIGN GIVEN ENTHUSIASTIC START. Awards to Be Given State Secretaries Making Best Showing. Forrest M. Rogevs, Chairman of the Membership Committee, announces the campaign is well under way and many new members will be added to the state associations as a result. The state officials showed an unusual interest and desire to cooperate in the activity with the result that the pros­ pect lists were compiled early and everything was enabled to move on schedule. All of the states but three have entered into the spirit of the thing and that means their local mem­ berships will be increased and many added to the American Association. The national association offers excep­ tiona) facilities and help to the state organizations in their membership work and the joint efforts of the two bodies always bring results. There has been an apprehension each year that the saturation point might have been reached in membership, but each year has proven to the contrary. Many prospects have been found each time and some of them are always added to the membership lists. Some of the states however have nearly reached the "peak" especially in those where there are rather well de­ fine,d requirements for affiliation but even these manage to bring a few more into the fold each time until the one hundred per cent mark will soon be PRESIDENT'S CUP re· ched. Awarded by President J. W. Woodford to the state The campaign this year has been association making the largest increase in membership. carefully planned. A fair system for Personal awards will also be given the state secre­ the awards has also been figured. It taries making the largest percentage of gain. will be based both on the largest net gain and also the largest in percentage. 12 TITLE NEWS

HENRY N. CAMP, JR. Attorney and Counsellor at Law KNOXVILLE, TENNESSEE

Editor: "Title News": The Chairman of the Committee upon the matter of the creation of a National Board of Title Under­ writers, on behalf of the committee, desires to thank the various title insurance companies throughout • the United States for the promptness with which they answered the Committee's letter of Dec. 31, 1926. The replies received up to Jan. 8 are practically unanimous in favoring the establishment of such a Bureau as was proposed. Therefore, unless later replies should differ radically with those already received, it seems probable that the committee will recommend the creation of such a Bureau. Although the replies received have not been carefully tabulated and analyzed, it is believed that ·the large majority favor the proposition of putting such a Bureau under the supervision, for the present at least, of the American Title Association. Some of the replies received by the committee indicated a reluctance on the part of some of the companies to report their premium income, though such companies did not object to reporting their losses and the causes therefor. It is the belief of the chairman of the committee that in order to get the most value out of the infor­ mation which the Bureau will collect, that losses will have to be figured in relation to premium income, as the premiums charged vary all over the country. In this way if the reports from all sections of the country show that for every $100.00 of premiums written there is an average loss of $30.00, then the XYZ Title Company operating in Ohio can easily calculate that if the overhead and examining cost of writing a policy with a premium of $25.00 amounts to $20.00 and there is a general average loss amounting to 30 per cent of the premium or in this case $7.50, the loss on this transaction can be estimated at $2.50. At the present time there is not available to the title insurance companies of the United States any reliable information in regard to the losses which they reasonably expect. What would any one of you title company managers think of a merchant who fixed the price of his merchandise by "guessing" that about $4.00 was the right amount to charge for a bale of hay? Title insurance is in its infancy and some time in the future it will rank alongside of fire insurance and life insurance. Therefore it seems highly important that those most interested stop working in the dark and find out if possible what the probable cost of the services they are selling. For the benefit of those companies which have expressed some doubt as to the advisability of report­ ing premiums, the Chairman of the Committee desires to go on record as favoring a p lan which will treat all information coming into the Bureau as confidential and that the only information which the Bureau will disseminate will be the average results which may be expected. For example when 282 companies report that for the month of January they received total gross premiums of $650,000.00 and paid net losses of $19,500.00, of which losses $10,000.00 was caused by forgery of a deed, $4,000.00 on account of mechanics liens and $5,500.00 scattered between state and county taxes and federal income taxes, then the title companies will know that forgery is one of the .main hazards to consider and that mechanics liens are a heavy hazard. The compiled statistics covering losses will give to all companies the results and experiences of all other companies but the XYZ company doing business in Cincinnati will not know the specific losses sustained by their competitor the ABC company doing business in the same city nor can the ABC company learn from the Bureau the amount of premiums which its competitor the XYZ company wrote. Such matters will be held confidentially in the files of the Bureau. In conclusion the writer is reminded of a remark made by Mr. Guy P. Long of the Union and Planters Bank & Trust Company of Memphis, when it was proposed to organize a state title association in Tennes­ see. After a good deal of discussion on the matter, Mr. Long remarked: "Gentlemen, if I were a brick layer I would belong to the union," and that remark seems to say all there is to be said upon the matter.

Respectfully yours, TITLE NEWS 13 MUCH INTEREST SHOWN IN CRE­ You will find a very instructive and come a member and report your pre­ ATION OF BOARD OF TITLE interesting article on this matter on mium income, your losses and the UNDERWRITERS. page eight of the December issue of causes of such los·ses? TITLE NEWS. Response Given to Committee's Activi­ 3. Should the expenses of collecting Yours very truly, ties Indicate Favorable Recom­ and disseminating such information be mendation. H. N. CAMP, Jr., apportioned to the reporting members Chairman for the Committee. A great deal of interest has been on the basis of their premium income? If not, how? shown in the idea of creating a Board 1. Is a national agency needed to of Title Underwriters. The Chairman collect and disseminate information 4. Should such a bureau be under of the Committee named to investigate relative to title insurance premium in­ the control of The American Title As­ it;; possibilities and desirabilities, H. come and title insurance losses and the sociation or should it be operated inde­ N. Camp, Jr., reports a most encourag­ causes of 'such losses? pendently by and under the direction ing response was given the committee's 2. Should such an agency or bureau of the Title Insurance Section of the efforts and title insurance companies be established, will your company be- Association? seemed to favor it. Elsewhere in this issue of TITLE NEWS is a letter from Mr. Camp which explains the status of the matter. He Relationship of Abstracter, reports 282 letters were sent to that number of companies and many replies Examiner and Title have been received to date. Of those replying but three expressed opposition Insurance to it. Of the favorable replies, many were of real enthusiasm and gave ex­ By C. S. Hale, General Counsel, Federal Land Bank, pres·sions and ideas that showed their keen interest. · St. Louis, Mo. In view of the response, Chairman Camp states there is little doubt but The abstract is the foundation upon copied in toto. This abstracter undoubt­ that his Committee will bring in an which the examiner must build his opin­ edly recognized his own incompetency unanimous report favoring the creation ion and which may be decorated by title or wilfully robbed his client as the ab­ of the Board and recommending that insurance, hence the abstracter must be a stract cost fully six times as much as it the Chairman of the Title Insurance master workman, otherwise the founda­ should have cost, in both preparation Section form it as provided in the reso­ tion may crumble, the building fall and and examination. Passing from one ex­ lution introduced at the Atlantic City the decoration spoiled. The title is treme to another we find the abstracter Convention. liken unto "The Old One-Horse Shay" who furnishes only a chain of title and The following are the letter and no stronger than its weakest part. The in that case the examiner must accept questionnaire sent out: master workman knows his material the abstracter's judgment as a basis for and should expose the defective substance his own opinion. Pursuant to the action taken by the in order that the builder may know the I have had occasion in the p'ast three American Title Association during its strength of the foundation. Any ab­ years to examine a number of abstracts Twentieth Annual Convention, Presi­ stracter with average intelligence and prepared by an abstracter in South Cen­ dent J. W. Woodford has appointed a by hard work, can become a master, tral Missouri, who to my mind approach­ Committee to r eport to the Midwinter though not over night. Ile will soon be­ es the ideal. His abstracts are neat and meeting of the Executive Committee come so thoroughly conversant with the brief, yet showing a sufficient substance upon the advisability pf establishing a general rules relative to the conveyance to enable the examiner to fully picture the National Board of Title Insurance Un­ of real property that he can as readily conveyance. He uses four different derwriters, the duties of which Board see that which is omitted as well as that colored sheets, each representing a «ertain shall be to collect and disseminate to all which appears upon the record. Where class of conveyances. All regular sub­ Title Insurance Companies which be­ by either omission or commission an stance are printed in black type and irreg­ come members thereof information re­ irregularity appears, he will know wheth­ ular matter in red. Each conveyance garding the causes and amounts of title er or not the title is weakened thereby. being in its proper numerical order. It is insurance losses, in a same or similar If weakened or questionable, then such a pleasure to examine his abstracts. manner as such information is collected irregularity should be sufficiently ex­ Frequently the examiner will have an and disseminated by the National posed to enable the examiner to properly abstract written out in long hand sub­ Board of Fire Insurance Underwriters. construct his opinion, without which the mitted to him. The abstracter may be At the present time there is not insurer is unwilling to decorate the struc­ as poor a penman as the examiner, hence available to title insurance companies ture by guaranteeing its durability. the puzzle becomes more difficult to :a.ny reliable information regarding the The abstracter is more serviceable to solve, and the chances for misinterpre­ percentage of losses paid to premiums his clients when he compiles the abstract tation more probable. collected, or any reliable information in such a way that it can be most readily There should exist the most friendly regarding the causes of title insurance examined with the least danger of an relation between the abstracter and the losses. oversight by the examiner, which would examiner as each can add much to the Legislatures of several States have bring grief to the owner of the real es­ efficiency and convenience of t he other, recently shown signs of passing legis­ tate or to the insurer of the title. The all of which wi ll be to the advantage of lation affecting title insurance com­ insurer will only come to grief by an error the insurer of the title and the public panies themselves are in position to of the abstracter or by the incompetency as well. furnish authoritative statistics regard­ of t he examiner. As a rule the insurer As real estate becomes more valuable, ing their business, harmful legislation will only accept liability where the ab­ greater is the demand for a perfect title, may result. stracters as well as the examiners have and in most cases the t itle can be kept in It is with these things in mind that the reputation of being experts in their a perfect condition, if the contracting this Committee is asking your immedi­ respective lines. Otherwise t he rate parties would insist upon the conveyances ate and careful attention to the ques­ would be prohibitive or the business con­ being prepared by either an abstracter or tions it i·s sending on the enclosed page. sidered non-profitable. The abstract an attorney who is a competent examiner. Will you please answer each of these should be as brief as possible, yet showing Many titles are clouded by the careless­ questions and add such remarks as oc­ enough to enable the examiner to deter­ ness or ignorance of the scrivner of the cur to you and return at once as the mine the validity of the conveyance. instrument or t he individual taking the time is very limited in which to prepare I recently had occasion to inspect an acknowledgment, when such errors would our report for the Executive Commit­ abstract prepared by a purported ab­ be so simple that an abstracter or exam­ tee. stracter wherein every instrument was iner could not help but discover the mat- 14 TITLE NEWS ter in time to avoid the mistake. edgments. Such conditions cause the brances." Following this on the 28th Questions of- descent and distribution examiner to look with suspicion upon the of March, 1876, a franchise was grant­ being questions of law rather than mat­ entire abstract. Sometimes the examiner ed by the Governor of Pennsylvania to Real Estate Title Insurance and be carefully scrutin­ is too technical in that he is over critical The ters of form should Trust Company of Philadelphia, being ized by the examiner and unless he has a of immaterial defects, however, such should be pointed out as the first ever granted by any govern-, record, he is in danger of jeopard­ irregularities perfect minor defects where a perfect chain of mental authority anywhere in the izing his clients interest. title is demanded. The insurer must world. Recently I had two abstracts and acer­ rely upon the correctness of the ab­ Like every new and untried thing tified copy of the record, all purporting stracter's work as well as the interpreta­ title insurance met with opposition and to show a certain conveyance, and no two tion given by the examiner, hence it is was slow in developing. The convey­ of the instruments harmonized as to important to him that both be experts ancers and lawyers engaged in tpe grantors' signatures or in the acknowl- in their respective lines. ' business of transferring real estate re­ sented the intrusion and interference with their established privileges, and it was ten years before title busine~s Origin and Growth of Title Insurance in began to assume substantial form. Philadelphia However the opposition died down and with the successive establishment of Prepared by OAKLEY COWDRICK, Vice-President and other companies for the same purpose Manager of the Title Department of The Real Estate the public saw the advantage of title Title Insurance and Trust Company of Philadelphia. insurance until today no one, in Phila­ delphia at least, would think of pur­ Most anything is liable to happen. earliest deeds were written on parch­ chasing a piece of real estate or loan­ but unless, in the final unwinding of ment skins imported from England and ing on mortgage without its protection. old King Tut, there is found to be a were supplied in various sizes accord­ The growth of the business here is guarantee to the quiet and peaceful ing to the matter to be written thereon shown by the fact that The Real Estate possession of his section of the Valley and handed to the "scrivener" (now, Title Insurance and Trust Company of of the Kings, the proud boast of The as such, as extinct as the dodo) who Philadelphia has issued to this time Real Estate Title Insurance and Trust prepared the skin for the pen. Every over 344,000 policies of title insurance Company of Philadelphia that it ori­ word in the deed, from beginning to aggregating many hundreds of mil­ ginated title insurance is indisputable. end was written by the scrivener who lions of dollars. There are now in the city of Phil­ spread the skin on a large fiat table, there was issued 21,388 adelphia over fifty corporations which sharpened his quill, very often removed In 1923 transactions totalling include in their operation the insurance his shoes, and with tongue sticking out policies covering $112,965,573. of titles to real estate. went at it; on dark days and nights by At the twentieth annual conven­ candle light. tion of the American Association of The conveyancer made the necessary Title Men there were representatives examination of the records making up THE present from over a hundred title com­ the various steps in the title into an panies doing business in thirty-seven abtract or "brief" as it was, and is yet, states of the Union. called. OKLAHOMA All of these companies follow closely Based upon the information thu~ the methods of The Real Estate Title obtained, the necessary searches were Insurance and Trust Company and made to show encumbrances affecting TITLE some have even adopted its name. the property and upon the result there­ Almost the first matter to engage the of the conveyancer made the transfer. ASSOCIATION attention of the founders of the Com­ The conveyancers were able, from monwealth of Pennsylvania was the es­ their experience to detect flaws in the tablishment of a system of land trans­ title, or obstructions to the conveyance, will hold its fers which was done by the formation and the questions thus arising were of a Land Office where application was submitted to lawyers, especially versed made for a survey of land purchased in real estate law, on whose opinion 1927 from William Penn, the proprietor, up­ the title was finally passed or rejected. on which survey a patent issued, and It will by the preceding recital be CONVENTION was duly recorded. From that time to readily seen that the method of con­ the present day, a period of 242 years, veyance was tedious and cumbersome; In the land thus granted passed through that the purchaser of a property or a the successive holders of the title by mortgagee was at the mercy of human Oklahoma City deed, will or descent in accordance, frailty, and might, through lack of first, with the English system of trans­ skill or carefulness on the part of the ferring real estate, upon which our persons engaged in examining his title method was founded, modified by the lose his property or investment. And FEBRUARY 7-8 change of conditions after the Revolu­ this happened. tion and altered and amended by vari­ Even if the loss resulted from negli­ ous enactments of the Legislature of gence the conveyancer was not always Pennsylvania. The laws relating to of such responsibility that he could be This promises to be an un­ the transfer of real estate were made compelled to make good; and if su"'' usually worth while meeting. to protect the holder of the title, but loss resulted from an error of judg­ A fine .program has been ar­ the ordinary purchaser could not be ex­ ment he was not liable. ranged. with them, so About fifty years ago this condition pected to be familiar A visit to the State Capitol there grew up in the community a body created such unrest among real estate is al­ of men whose study of these laws and owners and investors that an Act of during legislative sessions their experience made them experts in Assembly was passed by the Legislii­ ways interesting. real estate law and methods of convey­ ture of Pennsylvania providing for the ance. erection of corporations for the specific Any meeting o f t he Oklahoma practicing purpose of "insuring owners of real In Philadelphia the men Title A ssociation is wor th atte nd­ this profession were called "convey­ estate, mortgagees and others interest­ ancers" and they occupied a dignified ed in real estate against loss by reason in g. and responsible position in society. The of defective titles, liens and encum- TITLE NEWS 15

1927 Convention to Meet at Detroit Plans indicate big program of speakers and entertainment

Dynamic Detroit will be the background Detroit's industrial plants are an education against which the scenes of the 1927 Con­ and a revelation to the visitor. At River vention of the American Title Association Rouge, a suburb of Detroit, the Ford Motor will be enacted Aug. 30 and 31, Sept. 1 Company has the largest industrial plant in and 2. the world, even larger than the famous Plan to spend these early fall days in this Krupp works of Germany. In the five miles wonder-city of the Great Lakes. Detroit wel­ of buildings which house this Ford plant, comes you to its recreation facilities, its thousands of men work under the most mod­ scenic beauties, its great industrial plants, its ern conditions for the world's largest indi­ theaters and shops. vidual employer of labor. In spite of its phenomenal growth, Detroit The American Title Association Conven­ remains a city of shady trees, broad avenues, tion's headquarters will be at the Hotel Stat­ and spacious homes. Signs of the amazing ler, one of the best hotels of that fine chain. growth the city has experienced are shown Comfortable rooms, each with its private . in downtown Detroit where skyscrapers rear bath, will be available for those who send in proud towers above the hurrying traffic. their reservations early in this centrally lo­ Geographically, Detroit is ideally located cated hotel in the heart of the shopping and as a convention city. More than seventy per theater district. cent of the .population of the United States The Entertainment and Program Commit­ is within a one-night's train ride. For the tees' plans are materializing rapidly. Com­ devotee of motoring, fine roads lead into the mittee members tells us that every minute of city from all parts of the country. Cool, de­ the four convention days will be filled with lightful transportation by water is available professional and recreationel events of great on the luxurious steamers which glide over value. the Great Lakes to Detroit from Chicago, Only one thing is required of you person­ Buffalo, Cleveland and other Great Lakes ally. Make your plans to attend the 1927 cities. Your plans for attendance at the Convention of the American Title Associa­ American Title Association Convention can tion at Detroit, Aug. 30 and 31, Sept. 1 and easily be combined with vacation travel 2. All signs point to the best convention in plans, for many of the most beautiful water the history of the Association. You are urged journeys in the United States have Detroit to come for your share of the information for a starting point. and good times which are assured. ·

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Detroit, 1927 Convention City. 16 TITLE NEWS

Compiled from Recent ~AW QUESTIONS Court Decisions by AND THE McCUNE GILL, Vice-President and Attorney COURTS' ANSWERS Title Guaranty Trust Co., St. Louis, Mo.

When does intention to occupy, family, and introduced and reared as adopted child. Mo"r­ make land a homestead? ris v. Trotter, Oct. 8, 1926. Only when there is some overt act of preparation for Is affidavit that defendant's building or improvements. Trust Co. v. Weber, Sept. 20, 1926 (Oklahoma). residence is "not known" suf­ ficient? To what extent are mortgages Usually void; procedure statutes ordinarily provide that within four months of bankruptcy the affidavit must state that defendant "is a non-resident." valid? Morton v. Davezac. 152 N. E. 679 (Ohio). Only to the extent of the money newly loaned and not Is purchaser charged with con­ as to that used to take up old obligations. Estate of Bloom, Sept. 18, 1926 (Pennsylvania). structive notice of deed not in chain of title? What are farm landlord's rights No; thus he takes good title where he buys in 1920 crop when tenant on shares be­ from one who acquired by deed in 1916, if he had no in actual knowledge of a redemption agreement (under the comes bankrupt? 1916 deed) recorded in 1917. Capper v. Paulsen, 152 N. The landlord need not prove claim in bankruptcy court, E. 587 (Illinois). · because his share of crop belongs to him, and does not pass to the bankrupt's trustee. Underhill v. Allis, Sept. Does a conveya,nce of a "mill 10, 1926 (U. S. Court of Appeals). and appurtenances" include land? Is an oral drain easement agree­ Yes; both the land under the mill and that used in connection therewith. Harvey v. Sandwich, 152 N. E. ment valid? 625 (Massachusetts). Held valid notwithstanding Statute of Frauds if drain used for some time and purchaser knew it. Schneider v. Is an oil lease for one-eighth of Cross, Sept. 27, 1926 (Colorado). the oil, good on school lands? Can widow be compelled to have Not in Texas; the consideration must be in money. dower set out to her from lands Ehlinger v. Clark, 284 S. W. 974. owned by husband at his death, and Does title to real estate vass to not in lands sold by him? heirs or administrator? She can be so compelled if hubsand's deeds were war­ To heirs immediately· upon death of ancestor, subject ranties, but, not if quitclaims or sheriff's execution deeds. only to lien of debts. State v. Court, 245 Pac. 529 (Mon­ Harmon v. Perry, Sept. 23, 1926 (Virginia). tana). Is a deed in fraud of creditors Is a judgment docketed against good, if purchase is for value "Bess Hedges," a lien on property without notice? of Elizabeth or Mary Elizabeth Yes; deed is good. Artrip v. Kelly, Sept. 23, 1926 Hedges? (Virginia). · ------Yes; Company v. Smith, 151 N. E. 448 (New York). Which is superior, a confirma­ Is a reversion to grantor after tion of a Spanish concession, or a death of grantee, good if grantor title under the Swamp land act? 109 So. 486 dies first? The confirmation. Safford v. Albritten, Held void in Indiana, but would have been good if to (Louisiana) • grantor "or his heirs." McGahan v. McGahan, 151 N. E. Can service by publication be 627 (Indiana) . had on a minor? Can a broker buy the property Usually good by statute; but was void in Florida before himself? 1909. Peacock v. Miami, 109 So. 458. Not if it was listed with him, or he took commission; and client who did not know of the transaction can re­ Is a trust to maintain a certain cover profits on re-sale. Rushton v. Anderson, 133 Atl. course of iectures void as indef­ 805 (Rhode Island). inite? No; it is good as a charitable trust. Mercantile v. Does a covenant to use a lot Showacre, Sept. 30, 1926 (West Virginia). "soley for residence purposes," ex­ clude apartments? Is an illegitimate grandchild in­ No; not even where the other owners have built one­ cluded in a remainder to testa­ family residences. Miller v. Ettinger, 209 N. W. 568 tors next of kin? (Michigan). · It is in Virginia if the child of testator's daughter. Snidow v. Day, Sept. 28, 1926. Is giving deed to third person, to be recorded after grantor's death, Is non-statutory verbal adop­ a good delivery? tion good? Doubtful, as shown by 4 to 3 decision in Wisconsin. Yes, in Iowa; as where child is taken into adoptor's Kolber v.. Schneider, 209 N. W. 595. '1' I '1' L E N E W S 17 Does destruction of unrecorded No; even though the mechanic failed to perfect his me­ deed at direction of grantee de­ chanic's lien. In re Interstate Refineries, U. S. Dist. Ct., stroy his title? Oct. 13, 1926. No: although sometimes held to work an estroppel. Krach v. Carron, 133 At!. 306 (Maryland). Can California creditors attach California Is oral authority to fill in gran­ property if they are par­ tee's name, good? ties to a U. S. receivership in New Yes; Engelking v. Bank, 209 N. W. 307 (Minnesota). York? Yes; they can attach. Lucey v. Morlan, U. S. Circ. Ct. Is foreclosure advertisement bad of Appeals, Oct. 11, 1926. if recital of date of mortgage is wrong? Can a written contract of sale be Yes; as March 9, 1919, instead of March 5, 1919; even set aside thQugh recital of recording date is correct. Schmidt v. for verbal misrepresenta­ Gunsalus. 209 N. W. 341 (South Dakota). tions? Yes, if the representations were material (such as rental Is a general judgment in favor and condition of apartments) ; but cannot be set aside of if the contract states that "no representation has been a mechanic barred by bank­ made except as herein stated." Sullivan v. Roche, Mas­ ruptcy? sachusetts, Oct. 13, 1926.

may be a better investment of the funds arising therefrom for the best Abstracts of Land Titles-Their Use and interests of the child. Sometimes there is a mortgage on the place, taxes and Preparation interest exceed income, so a sale of the equity is arranged. This is the twenty-third of a series of articles or course of instruction on the But as all of use and preparation of abstracts these things are regulated, the petition must clearly state the reasons for wanting to sell, where the proceeds are to go and be used for, therefore COPY Minor's estates are similar in gen­ to faithfully, impartially, etc., act, and THE PETITION TO SELL IN FULL. eral principle to those of deceased per­ a mere statement can be made as This petition being presented to the sons, in that a petition is filed for the "Oath of Guardian, June 14, 1924, Be­ court, a time will be set for hearing appointment of a guardian, much the fore James Jones, Probate Judge." as signified by "Order of Court Set­ same as that for an administrator, and Most states prescribe a notice of his ting Time for Hearing of Petition to the rest of the steps correspond in a appointment shall be published for a Sell Real Estate." In some states, similarity. number of weeks. This will be shown however, no such order is necessary, This petition will state that certain in the usual way for notices (which as the petition must state that the minors, heirs of a deceased person, has been described many times before Guardian will on such and such a date, which are children, grandchildren or in. these articles) by abstracting the and time, apply to the court for an or­ otherwise heirs by descent, or as de­ printer's affidavit describing the pub­ der to sell the real estate. vises under a will, are possessed of cer­ lication, the number of consecutive In either case it will be required tain real or personal property or both, times it was published and the dates that a copy of the petition in the first and that it has a value of the amount of the first and last publications with instance, or a formal notice to the stated, and a guardian should be ap­ a copy of the notice. minors as will be required in the sec­ pointed to care for the property and in­ Guardians are then required to look ond, must be served on said minors and terests of said minors in order that after the property matters of their each and every one of them within a their estate may be conserved and wards and file an annual statement un­ certain number of days before the date prospered. til such time as all of the minors shall of said hearing. If a formal notice The petition will usually contain a have reached the age of majority when is required by the laws of your state, request as to who is to be appointed, the guardian is discharged and his a copy of it should be shown in full. or is desired be appointed. bondsmen released. The Guardian later and after serving This petition should usually be Probably every occasion for ab­ a copy on said minors, files proof of copied in full in order that all facts stracting a guardian's estate is be­ service in the court by affidavit or en­ may be stated exactly, and further be­ cause of the sale of the minor's inter­ dorsement or registered mail as pre­ cause it is the initial step in the estate. est in real estate. Therefore a sale scribed and this showing as to service It could well be abstracted however if proceeding is a regular thing. This is on minors should also BE COPIED IN so desired. usually very similar to the sale of real FULL. The court will then hold a hearing estate in a deceased person's estate. If the minors are non-residents, then and the appointment of a guardian Courts are usually very careful in look­ the usual form of publication notice made, but will be conditioned upon his ing after the property rights of is prescribed by the various states. furnishing a bond satisfactory to the minors and the proceedings are drawn Such notice must be published in some court. to a somewhat finer line in most in­ newspaper for a prescribed number of The abstract of the proceeding stances. consecutive weeks, and most states should therefore next contain the state­ There must of course be a real rea­ provide that if it is possible for the ment "Bond of Guardian in the sum son for wanting to sell the minor's guardian to ascertain the minor's ad­ of $...... , filed June 12, 1924, shows real estate and these reasons are pre­ dress, a copy of said printed notice Henfy Smith as Principal, and the Se­ scribed by the statutes of the various must be mailed to that address. Copy curity Surety Co. as surety." states. They are usually for the edu­ in full any affidavit for service by pub­ Following this will be approval of cation, benefit or welfare of the minor lication, and abstract the proof in the borji by the mere statement, "Approval and it must be shown that it is neces­ usual manner. of Bond, June 12, 1924, by the Court." sary to sell the real estate to get the From here on the proceedings in Letters of Guardianship are next in money to care for and educate him, most cases are exactly as for the sale order and this showing should prob­ etc. Then, too, there may be vacant of real estate by an executor or ad­ ably be copied in full to satisfy exact­ property where there is no income, only ministrator. An order of sale is issued ing and "full copy" examiners. expense for taxes, etc., and there is a directing the property be sold at either· The guardian will then take an oath reason for selling it in order that there public or private sale, for cash in hand 18 TITLE NEWS ian's Deed issued to the purchaser, When the purchaser has finished h is ·TITLE NEWS John Doe." The deed is usually ap­ payments he wants a deed and has to Publi•hed Monthly cu proved by an endorsement directly get it from the administrator by an or­ Official Publication of thereon, and this is shown by the no­ der of the court. The procedure is: The American Title Association tation of this instrument in the chain The buyer will present a petition to the of title. probate court asking for specific per­ P rinted by Kable Brothers Company. Pub­ Whenever a minor's estate . is ab­ formance of the contract and delivery lication office, 40<& N. Wesley Ave., of deed. He will state the terms of his Mount Morris, Ill. stracted, the abstracter should imme­ diately· ascertain if the deceased per­ contract and produce such evidence as EDITOR son's estate, of whom the minor is an necessary to show his claim and its Richard B. Hall... ______...... Kansaa City, Mo. has been probated and if so, then facts. This shall be in the form of Title & Trust Bldg. heir, it must be abstracted too. affidavits, exhibits, etc., as prescribed Such a peti,j;ion Subscription price $2.00 per year. When a minor's property is situated by the local statutes. Entered as second class matter December in another county or state than that should be COPIED IN FULL. 26, 1921, at the post office at Mount Morrl1, of the court of origin is sold, certified Notice of this petition must reach Illinois, under the Act of March 8, 1879. copies of the various proceedings are the administrator or executor and Address all communications relative to this publication or matters contained therein to filed in the county where the land is states vary in the method but there THE AMERICAN TITLE ASSOCIATION situated in much the same way as in a are only two--either delivering a copy Richard B. Hall, Executive Secretary "foreign" estate of a deceased person. of said petition to the administrator Title & Trust Bldg., Kanoas City, Mo. Some states require though that a and making proof of same by affidavit guardian be appointed in the state to the probate court or an endorse­ J ANUARY, 1927. where the property is situated in ment on the margin of a copy of the which case that constitutes a separate petition stating the time and manner and the only proceeding to be ab­ served. Some states require this notice deferred payments over a period not or stracted and an abstracter in that to be by publication and directed to all exceed two years (or whatever num­ to "foreign" state will make the tran­ concerned, but more particularly to ber are prescribed by statute) at the script. John Doe, Administrator or Executor, of the court. discretion Specific Performance. but either of these two methods must An additional bond is usually re­ One other kind of a probate court take place within a certain time be­ quired to cover the proceeds arising case in addition to those previously · for the date of hearing-usually from from the sale and this can be shown in mentioned is that for the execution of ten to twenty days. This service can the usual form by stating bond in the a deed by an administrator in com­ be abstracted. sum filed on a certain date with the pletion of a contract of sale for real The court will then have the hear­ guardian as principal and naming the estate. ing and issue an order of sale direct­ surety. The approval of the bond by This is usually incurred where the ing the administrator or executor to is­ the court should also be stated. deceased in his lifetime has contracted sue a deed. As it is universally required that to sell the property upon terms, de­ This procedure holds good both in the real estate shall not be sold for ferred payments, etc., and no deed was an intestate estate, or a testate one less than a percentage of its appraised put in escrow at the time. Strange where the will does not grant a power value, an appraisal is necessary. Ap­ as it may seem, this happens many of sale to the executor. The best way praisers will be appointed and this times because of ignorance or other­ to prevent this necessity is to always should be shown, and their names wise on the part of one or both of the put a deed in escrow, at the time of given. A notation should also be made parties to the deal. making the contract. of their oath to fairly and honestly act and that they have no interest in the sale or are not directly or indi- rectly buying the premises. . THE MISCELLANEOUS INDEX '!'heir return should be COPIED IN FULL because an error in the ap­ Items of Interest About Titlem en praisal can ruin the transaction. They and the Title Business usually are required to appraise the whole property to have a value of some sum, say in the case of a thousand dol­ Lewis Fox, President of the Home tions for their use given by proper no­ lars, that for the whole, and the minors Abstract Co., Fort Worth, Texas, and tations. undivided two-fifths interest at four well known in the title fraternity, was The series consists of an Agreement hundred. accorded another honor as well as of Sale, Warranty Deed, with forms If the order of sale directs it shall given some hard work recently when for both individuals and corporations, be at private sale, no published notice he was elected President of the Bureau Quit Claim Deed, Trust Deed, Note, of sale is necessary, but if at public of Civic Coordination of his city. Option to Purchase and Land Contract. sale, then the usual and heretofore de­ This Bureau is composed of the va­ scribed notice of sale will be published rious organizations of the city and di­ The Proceedings of the 1926· Con­ in some newspaper for the prescribed rects a forceful influence in commun­ vention of the Pennsylvania Title As­ number of consecutive weeks. ity affairs. sociation have been published in pam­ Proof of the publication of the notice Lewis is likewise President of the phlet form and copies can be secured will be shown in the usual way by ab­ Forward Fort Worth Club, Secretary by writing to John E. Potter, Presi­ stracting the printer's affidavit and of the Fort Worth Rotary Club, and dent, Potter Title & Trust Co., and showing a full copy of the printed no­ holds more high positions of public and President of the P ennsylvania Title tice. community trust than any other citi­ Association, Pittsburgh, Pa. · The sale will be had, the guardian zen of his community. will make a report of the sale telling The Union Title & Guaranty ~ Co., how, when and where it was sold, the The compiling and distributing of Detroit, announce the opening of the sale price and the purchaser. All of legal blanks is gaining in popularity as new office for the Pontiac Branch. this can be abstracted by making a a real advertising medium. This branch office is now quart~ red br ief notice of the report. The Title Guarantee & Trust Co. in a new modern building. The approval is t he final act and can of Toledo, Ohio, has prepared a series be noted as follows: "Approval of and distributes t hem liberally to real Ben H enley answered a call and Sale, Sept. 15, 1924, wherein the court estate dealers and all others who can fi lled a demand when he prepared a a pproves the sale and t he proceedings use them. They are gotten out in uni­ most exhaustive and authoritative had t hereunder and orders a Guard- form and attractive style and instr-uc- ( Continued on page 20.) TITLE NEWS 19 The American Title Association Officers, 1926-1927

General Organization

President Fidelity Union Title & Mortgage Executive Committee. The Vice­ Term Endins 1928~ J. W. Woodford, President, Law­ Guaranty Co., Newark, N. J. President of the Association is the Fred P. Condit, New York City. yers and Realtors Title Insur­ Executive Secretary Chairman of the Committee.) Vice-Pres. Title Guarantee & ance Co., Seattle, Wash. Richard B. Hall, Title & Trust Term Endins 1927. Tr. Co. Vice-President Bldg., Kansas City, Mo. Henry J. Fehrman. Omaha, Neb. M. P. Bouslog, Gulfport, Miss. Executive Committee Atty. Peters Trust Co. Pres. Miss. Abst. Title & Grty. Walter M. Daly, President, Title (The President, Vice-President, J. L. Chapman, Cleveland, O. Co. & Trust Co., Portland, Ore. Treasurer and Chairmen of the Secy. Land T. Abst. & Trust Co. Donze! Stoney, San Francisco, Cal. 4' Treasurer Sections, ex-officio, and the follow­ Henry B. Baldwin, Corpus Christi, Exec. V.-Pres. Title Ins. & Grty. Edward C. Wyckoff, Vice-Prell. ing elected members compose the Tex., Pres. Guaranty Title Co. Co. Sections and Committees

Abstracters Section. Committee On Constitution and Special Counsel, Market Street Missouri, James M. Rohan, St. By-Laws. Chairman, James S. Johns, Pendle­ Title & Trust Co. Louis. ton, Ore. Henry R. Chittick, Chairman, New District No. 1. Pres., St. Louis County Land President, Hartman Abstract Co. Title Co. York City. New Jersey, Wm. S. Casselman, Illinois, H. F. Payton, Spring­ Vice-Chairman, Verne Hedge, Lin­ Solicitor, Lawyers Title & Guar­ Chairman, Camden. field. coln, Neb. anty Co. Pres. West Jersey Title & Secy., Sangamon County Ab­ Secretary, J. R. Morgan, Kokomo, M. P. Bouslog, Gulfport, Miss. Guaranty Co. stract Co. President, Mississippi Abstract, New York, Herbert J. Feehan, Ind. District No. 7. President, Johnson Abstract Co. Title & Guaranty Co. Albany. E. J. Carroll, Davenport, Iowa. Secy.-Treas., U. S. Abstract North Dakota. A. J. Arnot, Title Insurance Section Attorney, Davenport Abstract & Surety Co. Chairman, Bismarck. Co. Connecticut, Carleton H. Stev­ Pres., Burleigh County Ab­ Chairman, Wellington J. Snyder, ena, New Haven. stract Co. Philadelphia, Pa. Committee On Advertisine. Secy., New Haven Real Estate Minnesota, W. S. Jenkins, Min­ Title Officer, North Philadelphia Title Co. neapolis. Trust Co. Tom Dilworth, Chairman, Waco, Rhode Island, Walter H. Van­ Pres., Real Estate Title In­ Vice-Chairman, Henry J. Daven­ Tex. Dyke, Providence. surance Co. port, Brooklyn, N. Y. President and Attorney, Dil­ Title Guaranty Co. of Rhode Wisconsin, John M. Kenny, President, Home Title Insurance worth Abstract Co. Island. Madison. Co. W. H. Pryor, Duluth, Minn. Massachusetts, Francis X. Car­ Dane Abstract of Title Co. Secretary, Edwin H. Lindow, De­ Secretary, Pryor Abstract Co. son, Springfield. Michigan, W. F. Angell, De· troit, Mich. Arthur C. Longbrake, Toledo, O. Title Insurance & Mortgage troit. Vice-President, Union Title & President, Real Estate Abstract Guaranty Co. Trust Officer, Fidelity Trust Guaranty Co. Co. District No. 2. Co. Edwin H. Lindow, Detroit, Mich. Pennsylvania, Lester E. Pfeifer, District No. 8. Title Examiners Section Vice-President, Union Title & Philadelphia. South Dakota, R. G. Williams, Guaranty Co. Chairman, John F. Scott, St. Paul, Title Officer, Chelten Trust Chairman, Watertown. Pearl Koontz Jeffreys, Columbus, Co. Secy. Southwick Abstract Co. Minn. Kas. Attorney, Guardian Life Bldg. West Virginia, D. N. Mohler, Iowa, Geo. H. Whitcomb, North• Charleston. wood. Vice-Chairman, Edward O. Clark, Committee On Cooperation C-o Morton, Mohler & Pet­ Nebraska, Alfred L. Hanson, Newark, N. J. ers, Attys. Assistant Solicitor, Prudential Paul D. Jones, Chairman, Cleve­ Freemont. land, O. Vir~inia, Beverly H. Davis, Rich­ Secy., J, F. Hanson & Son. Ins. Co. of America. mond. Wyoming, R. M. Lamont, Chey­ Secretary, Guy P. Long, Memphis, Vice-President, Guarantee Title & Trust Co. Vice-President, Title Insurance enne. Tenn. Co. of Richmond. Pres., Pioneer Title & Loan Title Officer, Union & Planters V. E. Phillips, Kansas City, Mo. Co. Bank & Trust Co. Attorney, Proctor & Phillips. District No. S. Frank T. Ewing, New York City. Florida, Eugene D. Dodge, District No. 9. Program Committee, 1927 Con­ Attorney, Metropolitan Life In­ Chairman, Miami. Kansas, Fred T. Wilkin, Chair­ vention surance Co. Mgr. Dade Co. Abst, Title man, Independence. Ins. & Trust Co. C. A. Wilkin & Co. J. W. Woodford (The President). E. D. Schumacher, Richmond, Va. North Carolina, D. W. Sorrell, Oklahoma, Roy S. Johnson, New­ Chairman, Seattle, Wash. President, Title Insurance Co. Durham. kirk. Wellington J. Snyder (Chairman, of Richmond. South Carolina, Edward P. Vice-Pres., Albright Title & Title Insurance Section), Phila­ J. M. Dall, Chicaa-o, Ill. Hodges, Palmetto Bldg., Co­ Trust Co. delphia, Pa. Vice-President, Chicago Title & lumbia. Colorado, J. Emery Treat, Trin­ James S. Johns (Chairman, Ab­ Trust Co. Georgia, William J. Davia, At­ idad. stracters Section), Pendleton, Sydney A. Cryor, Spokane, Wash. lanta. Mgr. Trinidad Abstract & Ore. Attorney, Federal Land Bank. Pres., Atlanta Title & Trust Title Co. John F. Scott (Chairman, Title Cornelius Doremus, Ri,dgewood, Co. New Mexico, J. M. Avery, Examiners Section), St. Paul, • N. J. District No. 4. Santa Fe. Minn. President, Fi d e 1 i t y Title & Tennessee, J. R. West, Chair­ Avery-Bowman Co. Richard B. Hall (the Executive Mortgage Guaranty Co. man, Nashville. District No. 10. Vice-Pres., Guaranty Title Secretary), Kansas City, Mo. Judiciary Committee Texas, Alvin S. Moody, Houston. Trust Co. Pres., Texas Abstract Co. General Chairman, Noonday Sec­ Lloyd Axford, Chairman, Detroit, Kentucky, Charles A. Haeberle, tion Conferences, 1927 Con­ Mich. Louisville. District No. 11. vention. Special Counsel, Union Title & Secy., Louisville Title Co. Califoria, W. P. Waggoner, Ohio, 0. L. Pealer, Warren. Harry C. Bare, Ardmore, Pa. Guaranty Co. Chairman, Los Angeles. William Webb, Brideeport, Conn. Pres., Warren Guaranty Title Vice-Pres., California Title Vice-President, Merion Title & & Mortgage Co. Trust Co. Vice-President, Bridgeport Land Ins. Co. & Title Co. Indiana, Charles E. Lambert, Utah, Alex E. Carr, Salt Lake Rockville. Committee On Publications Richard P. Marks, Jacksonville, City. Fla. Pres., Lambert Title Co. Nevada, A. A. Hinman, Las J. W. Woodford (the President), Vice-President, Title & Trust District No. 6. Vegas. Chairman, Seattle, Wash. Co. of Florida. Pres., Title & Trust Co. of Tom W. Maaeey, San Antonio, Louisiana, Lionel Adams, Chair­ Henry J. Fehrman (the Retiring man, New Orleans. Nevada. President), Omaha, Neb. Tex. Arizona, Louis J. Taylor, Phoe­ Manaser, Bexar Abstract Co. Union Title Guarantee Co. nix. Richard B. Hall (the Executive Stuart O'Melveney, Loa Angeles, Alabama, Jamea W. Goodloe, Secretary), Kansas City, Mo. Trust Officer, Phoenix Title Cal. Mobile. & Trust Co. Executive Vice-President, Title Aaet.-Secy., Title Insurance Colll{llittee On Orsanlzation and Insurance & Trust Co. Co. District No. 12. . I Membership Extension. John E. Martin, St. Paul, Minn. Miaelulppi, W.R. Barber, Gulf­ Waahinston, W. H. Winfree, port. Chairman, Forrest M. Rogers, Chairman, Attorney, Federal Land Bank. Seattle. Mark R. Craig, Pittsburgh, Pa. Secy., Miss. Abst. Title & Pres., Kings County Title Co. Wellinston, Kas. Guaranty Co. Oregon, G. F. Peek, Portland. Secretary, Rogers Abstract & Title Officer, Potter Title & Trust Co. Secy., Union Abstract Co. Title Co. District No. 6. Montana, W. B. Clark, Miles The President and Secretary of Lesialative Committee Arkansas, Elmer McClure, Chair­ City. each of the State Title Associa­ man, Little Rock. Pres., Custer Abstract Co. tions constitute the other members Wayne P. Rambo, General Chair­ Pres., Little Rock Abst. & Idaho, Henry J. Wall, Twin of this committee. man, Philadelphia, Pa. GrtJ'. Co. Falla. 20 TITLE NEWS State Associations Arkansas Land Title Association Louisiana Title Association Secy.-Treas., A. J. Arnot, Bismarck. President, Elmer McClure, Little Rock. President, R. B. Hill, Benton. Burlei&'h County Abst. Co. Little Rock Abst. & Grty. Co. Bossier Abst. & Title Co. Vice.-Pres., J. A. Stallcup, Hot Sprin&'B. Vice-Pres., Frank Suddoth, Crowley. Ohio Title Association Arkansas Trust Company. Secretary, R. A. Querbea, Shreveport. President, Theodore Kemp, Jr., Newark. Vice.-Pres., NE Dist. Will Moorman, Augusta. Caddo Abet. Co. Vice-Pres., Carl H. Beckman, Toledo. Vlce.-Pres., NW Dist. G. S. McHenry, Conway. Treasurer, N. K. Vance, Alexandria. Real Es ta te Abs t. Co. Vice.-Pres., SE Dist. M. K. Boutwell, Stuttgart. La. Title & Mort. Co. Secy.-Treas., Geo. N. Coffey, Wooster. Vice.-Pres., SW Dist. A. J. Watts, Camden. Michigan Title Association Wayne Co. Abst Co. Treasurer, Mrs. Stella Parish, Arkansas City. Secretary, Bruce B. Caulder, Lonoke. President, Ray Trucks, Baldwin. Oklahoma Title Association Lonoke Real Estate & Abst. Co. Lake County Abet. Co. Vice.-Pres., W. J. Abbott, Lapeer. President, Vera Wi&'nall, Pauls Valley, Guar­ California Land Title Association. Lapeer County Abet. Office. anty Abstract Co. Waa-oner, Wag­ President, Benj. J. Henley, San Francisco. Treasurer, Herbert W. Goff, Adrian. Vice-Pres .. Howard Searcy. California-Pacific Title Ins. Co. Lenawee County Abst. Co. oner Co. Abst. Co. Secretary, J. E. Sheridan, Detroit. Vice-Pres., J. W. Banker, (N. E. Dist.) Tahle­ 1st V. Pres., Stuart O'Melveny, Los Angeles. Quah. Title Insurance & Trust Co. Union Title & Grty. Co. 2nd V. Pres., Jarvis Streeter, Fresno. Minnesota Title Association ViAt-.;;:.s., S. J. Bardsley, (S. E. DillJ·'· San JoaQuin Abstract Co. President, V. E. Erickson, Aitkin. Vice-Pres., A~die Lofton, (S. W. Dist.) Pur• 3rd V. Pres., Morgan LaRue, Sacramento. Aitkin Co. Ahst Co. cell. Sacramento Abst. & Title Co. Vice-Pree., C. E. Tuttle, Hastin&'s. Frank P. Doherty, Los An&'eles. Vice-Pres., Mrs. A. D. Jones, (N. W. Dist.> Secy-Treas., Secy.-Treas., E. D. Bbyce, Mankato. Sayre. Merchants Natl. Bank Bid&'. M&'r., Blue Earth Co. Abst. Co. Sec.-Treas., Hugh Ricketts, Musko&'ee, Guar• Colorado Title Association Missouri Title Association anty Trust Co. President, H. C. Hickman, Boulder. President, James M. Rohan, Clayton. Oregon Title Association The Record Abet. of Title Co. St. Louis County Land Title Co. Vice.-Pres., C. M. Hurlbut, Castle Rock. President, Walter M. Daly, Portland. Vice-Pres., C. S. Hotaling, Linneus. Title & Trust Co. The Dou&'las County Abet. Co. Linn County Abst. Co. Treasurer, Anna E. Allen, Denver. 1st Vice-Pres., R. T. Yates, The Dalles. Secy.-Treas., T. S. Simrall, Boonville. The Dalles & Wesco County Abst. Co. The J etferson Co. Title Co. Cooper County Abst. Co. Secretary, Edgar Jenkins, Littleton. 2nd Vice-Pres., Geo. H . Crowell, Albany. The Arapahoe Co. Abst. & Title Co. Montana Title Association. Linn County Abet. Co. Secy.-Treas., F. E. Raymond, Portland. Florida Title Association President, W. B. Clarke, Miles City. Pacific Abstract & Title Co. Custer Abstract Co. President, Richard P. Marks, Jacksonville. 1st V. Pres., C. C. Johnson, Plentywood. Pennaylvanla Title Association Title & Trust Co. of Florida. Sheridan County Abst. Co. Vice-President, C. A. Vivian, Miami. 2nd V. Pres., James T. Robison, Choteau. President, John E. Potter, Pittsburgh. Florida Title Co. Teton County Abtract Co. Pres. Potter Title & Trust Co. Vice-President, Allan I. Moseley, Fort Myers. 3rd V. Pres., Mar&'aret M. Egan, Stanford. Vice-Pres., John R. Umsted, Philadelphia. Lee County Bank Title & Trust Co. Con.-EQuitable Title & Tr. Co. Nash, Orlando. Judith Basin County Alist. Co. Secretary-Treasurer, Geo. S. Secy.-Treas., C. E. Hubbard, Great Falls. Secretary, Harry C. Bare, Ardmore. Nash Title Co. Hubbard Abstract Co. Merion Title & Tr. Co. Assistant Secretary, Mia ·Beck, Orlando. Treasurer, John H. Clark, Chester. Central Florida Abst. & Title Grty. Co. Nebraska Title Association Deleware Co. Tr. Co. Idaho Title Association President, EDallas. Treasurer, Florence Beard, Pittsfield. Secretary, Stephen H. McDermott, Freehold. Pike Co. Abstract Co. Dallas Title Guaranty Co. Monmouth Title Co. Secretary, M. Tucker Wells, San Antonio. Indiana Title Association Treasurer, Arthur Corbin, Passaic. San Antonio Abst. & Title Co. Grty. Mort. & Title Ins. Co. President, R. W. Miles, Martinsville. Morgan Co. Abstract Co. New York State Title Association Washington Title Association. Vice-Pres., Earl W. Jackson, South Benrl. President, Henry J. Davenport, Brooklyn. President, C. H. Groth, Bellingham. Indiana Title & Loan Co. Home Title Insurance Co. Whatcom County Abstract Co. Secy.-Tred., Chas. E. Lambert, Rockville. Vice-Pres., George B. Davenport, Brooklyn. Vice-Pres., E. W. Fawley, Waterville. Lambert Title Co. (Southern Section), 208 Montague St. Douglas Co. Title Abstract Co. Iowa Title Association Vice-Pres., Clarence B. Kilmer, Saratoga Secy.-Treas., Elizabeth Osborne, Yakima. Springs. Yakim!' Abstract & Title Co. President, 0. N. Ross, Oran&'e City. (Central Section.) Sioux Abstract Co. Vice Pres., W. R. Campbell, Bath. Wisconsin Title Association. Vice-President, Ralph B. Smith, Keokuk. (Western Section.) Secretary, John R. Loomis, Red Oak. Empire St. Abst. Corp. President, W. H. Hardy, Jr., Waukesha. Loomis Abstract Co. New York. Hardy-Ryan Abstract Co. Treasurer, Fred P. Condit, du Lac. Treasurer, Mary A. Matt, Boone. 176 Broadway, Title Gr. & Tr. Co. 1st V. Pres., Fred A. Foster, Fond Boone County Abet. Co. Secretary, S. H. Evans, New York. Fond du Lac Abstract Co. 149 Broadway. 2nd V. Pres., Agnes Benoe, Ashland. Kansas Title Association 3rd V. Pres., H. M. Seaman, Milwaukee. President, Robt. B. Spilman, Manhattan. North Dakota Title Association. Security Title Co. Vice-Pres., Forrest M. Ro&'ers, Wellin&'ton. President, John L. Bowers, Mandan. Treasurer, W. S. Rawlinson, Crandon. Rogers Abst. & Title Co. Mandan Abstract Co. Forrest County Abet. Co. Secy.-Treas., Fred T. Wilkin, Independence. Vice President, Geo. B. Vermilya, Towner. Secretary, John M. Kenney, Madison. Security Abet. Co. McHenry County Abst. Co. Dane Abstract of Title Co.

THE MISCELLANEOUS INDEX. title insurance will be issued under Mr. Raymond M. Wienke, from Titk (Continued from page 18.) an arrangement with the Fidelity Officer to Chief Escrow Officer; Mr. treatise for the California Land Title Unron Casualty Co. of Dallas, as the Thomas A. Guinane, from Title Exam- Association. on the subject of "The underwriting agency. iner to Title Officer. · Present Status of Corporations in Cal­ Title insurance is being advanced ifornia: as Affecting Title Questions." very rapidly by local abstracters. T4hi has been issue.a in pamphlet The Texas Abstracters Associat~on. form 1fpr distribution and there have through the office of the President, and be f,} ·~~!)~ requests for . copies. The Chicago Title and Trust Com­ the Minnesota Title Association, pany announces the following promo­ through the office of the Secretary, fol­ The Dilworth Title Co. of Waco, tions: Mr. Kenneth E. Rice, vice-pres­ lowed their usual custom of sending T~as; a'ilnobnces ·modern title serv­ ident of tji.e. Es,crow Department, trans­ Christmas and H'oliday Greeting Cards ice for McLennan County whereby ferred to the Abstract Department; to their members.