•
SEPTEMBER, 1926
CONTENTS THE MONTHLY LETTER ______Page 2 EDITOR'S PAGE ------" 3 "LIABILITY OF ABSTRACTERS" By V. E. Phillips ______------___ " 4 An interesting presentation of this subject, and something that will be very valuable to have. REPORTS OF STATE MEETINGS Oregon ------· " 10 Wisconsin ------·------·------" 10 Montana ------" 11 South Dakota ------·------" 11 North Dakota ------______" 12 Ohio ------·------· " 13 LAW QUESTIONS AND THE C 0 U R T S ANSWERS ·------· ·------" 14 The Monthly Review. SUSTAINING FUND MEMBERSHIP ROLL- 1926 ------·------" 17 ABSTRACTS OF LAND TITLES ---· ------" 20 Another installment on their preparation. MISCELLANEOUS INDEX ------" 22 News of the title world. ANNOUNCEMENTS OF STATE MEETINGS Kansas Title Association ------" 21 Michigan Title Association ------" 21 Nebraska Ttitle Association ------·-·-·-·-· " 24
A PUBLICATION ISSUED MONTHLY BY 'Jhe Umertcan 'Jitle Ussocia.tion, 2 TITLE NEWS
TITLE INS URANCE SECTION DONZEL STONEY, ABSTRACTERS SECTION SAN f'"RANC ISCO CALIF' RAY M CLAIN TITLE EXAMINERS SECTION CHAIR MAN , OKLAl~O M A C ITY OKLA GOLDING JELLINGTON CH'\1RMAN FAIRFIELD. DENVER COLO J SNYDER PHILADELPH IA , PA. LEWIS \/ICE CHAIRMAN 0 FOX . FO~T WORTH TEX JAS 0 VICE CHAIRMA N W L . ROGERS , LOUISV ILL FORWARD SAN OIEW CA LIF E KY , A VICE C H AIRM A N SECRETARY J ARNOT, 0tSMARCK, N 0 SC.CRC SOLOM ON 5 GOLDMAN TAR "f NEW O RLEANS LA SECRETARY
1~he Elm<:~rican Title Elssociati<)J~ •
HENt
Fellow Ti tle.'.Il.en: The re_l.Jort of the Year ending Association for the Fiscal August 31st shows it t9 have ihe tu story been the greatest in of the organ.l.za tion and to have pectations. It is approaching exceed.ed all ex-• it1e first century of ·existence as inis enas its ninteenth year. or interesting That time has been a series _fle riods and stages of progress s ince its est~b.l.1shment. and devt:lo.:pment
The f inn wa s tha't of ore?,an1za tion so unselfishly when its founders labored for such a time, vYortn wh.ilt:: tn1ngs accomplisned -N.l. tnout effort. are not Next· came the problem of necessary fina1~ing in order that the funds to carry on its work and activities able. To finance might be avail 1 t i·equired that l t be "sold" to so for a rect:nt period the the members, activities greatest part of its energiE?s and hau to be spent in presenting the the titlemen of the country. or~anization to That was acco'l:nplisned as evidenced given by the bountiful backing in every ~ay during the past year, moral and financial and particularly the sui:i.i;iort. These made it tion in ~most possible to func profitable and beneficial measure. it is organized, fairly And now that financed and tne titlemen · know they have a representative of the cow1try it national commercial association, can devote almost all of its efforts title i11uustry. in better serving the Its present :i;>roblem nowever, set:ms to vices to the be in ''selling• its ser ~embers. Th~y do not seem to realize how it can be to them. So try to much use could think how it can help you-what it do fo~ you and your business, then Office for assistance. call upon its Executive
Sincerely yours, ~{.::.~ ---- ~ NEWS A publication issued monthly by The American Title Association , \Ju. 1£1~r,;d. a.!l 1J(;JC(J1.a Cl No. 8 Vol. 5 SEPTEMBER, 1926 Editor's Page We feel very much enthused this month in being able to present the article on "Liability of Abstracters" by V. E. Phillips of Kansas City, Mo. This is treated in a different way than the usual han dling of a legal subject. It is not a mere summary of cases, with a long tedious review of each, but a general treatment of the points involved and a reference to cases only. The subject is analyzed and explained in an interesting and com prehensive way and conclusions of facts given. At the end is a table by states showing all of the cases in each. There has been a need for such an article and the Association promised a short time ago to give it. There is a feeling of pride however in being able to present such a one as this. Mr. Phillips is especially competent to handle this subject be cause he understands the legal as well as practical phases involved. He is a member of a representative law firm, instructor in Real Property Law in one of the Country's leading law schools, a rec ognized Title Examiner, and has been an active member of the Missouri Title Association. There have been many state convention recently and torie of six of them appear in this issue. There was more interest in these local meetings this year than ever before and all of them experienced record breaking attendance figures and general interest and im provement in programs. The state associations are doing good work but can do more as greater upport is given them by their members. · All former records of the Sustaining Fund both in number of con tributors and amount subscribed were broken this year. There was a large number of new pledges and the amount was greatly in excess of last year. This fine support enabled the Association to do a great many effective things. The list of those who provided the "Sinews of War" is shown in this issue. Watch for the October number of "Title News" which will tell the story of the Atlantic Convention. 4 TITLE NEWS "Liability of Abstracters,, to purchase property after he has r e ceived information of a probable sale By V. E. Phillips, Kansas City, through his position and speculate up Mo. on it at the expense of his customers. In an Illinois case in which an ab [Editor's Note: This is not intended the things and circumstances which are stracter received such information as a legal brief on the subject, but his pitfalls and follows each with an from his official position and had pur rather an interpretation and review of explanatory case and references to oth chased property, he was held to be a points involved, decisions that have ers that have been rendered on the trustee for his employer under such been rendered on them, what the atti same questions involved. circumstances.' tude of courts have been and future It is said that the abstracter handles inclinations. A summary of cases rendered in the private title papers and gains informa Mr. Phillips points out the common several states will be found at the last tion as to weaknesses and defects in sources of loss in the titleman's work, of the article.] titles, which would make it highly im- • proper for him to make disclosures to outsiders or to adverse claimants. He The business of furnishing abstracts gaged in the profession desire is en is held to a strict confidence in the ex of title to real property in the United tirely an exaggerated statement. But ercise of his trust. There is, how States has become one of the highly we do say that an analysis of the de ever, a relaxation of the rule in special per ized undertaking of experts. At c1s1ons in the United States with mitting him to purchase properties least one in of two abstracters are lo proper allowance for the influence of cases where he has already furnished cated in each county seat, and in the the doctrine stare decisis (precedent) a true and correct abstract and his em larger cities, one or more title com and allowing for procedural limitations ployment has ceased. But in a Mis panies have been organized to meet in the different jurisdictions shows cer souri case', it was held that an the ab demands for accurate title infor tain general rules of liability upon stracter who had failed to show mation. a deed which the abstracter may reasonably of trust could not purchase the proper The increasing prices of real proper depend. ty under foreclosure and then assert ty together with the increasing com N a ture o f t h e Work. his title against his customer who had plexity of modern business dealings The first of these rules relied upon his abstract. rendering the securing of personal is that from the nature of the work the furnishing knowledge concerning titles impractic L iabilit of an abstract is an y for E rrors. able have added a value to undertaking of the abstract skill. The abstracter's er's work not heretofore possessed. duty in view of his As An abstract is said technical undertaking the importance of the abstracter's by W arvelle in is to exercise work his treatise on Abstracts skill in the performance to the public has increased, correspond to be a "con of his work densed history of the title and in case of his failure ingly the abstracter's duty and legal of land con to do so, he sisting of a synopsis or is liable for errors. liability to his customer has increased. summary of the material or operative The purpose of this article will portions of Law suits are said to arise from a be to all the various instruments discuss the legal duties of the abstract of Convey breach of duty owing by one party to ance which in any manner affect er and his liability to his customers or such another or from infraction of a right land or the t itle thereto, or any estate others relying upon his certificate for secured to one party. The undertaking or interest therein, together with negligence in preparing abstrac'.s. An a of an abstracter being a responsible statement of all liens, charges, endeavor will be made to set out the or li one and requiring skill and broad abilities to which the same may be general legal principles governing and sub knowledge falls in a class in which he ject, and of which it is in any way in addition a list of the cases relative ma impliedly guarantees to his customer terial for purchasers to be apprised. to abstracter's liability decided by the that he has the requisite qualifications It is usually arranged in chronological courts of each state will be to furnish the document, which he has appended order and is intended for the use of those desiring to show the expressly contracted to furnish, that to refer origin, course to such list. and incidents of the title is, an up-to-date abstract, showing all without the necessity of referring to conveyances and liens affecting the The L aw G e n erally the original sources of information." property. If he fails to make a dili There is a growing popular idea that From the above definition, no one gent search, and the courts say he law is no longer a body of well recog would dispute the necessity of skill in must examine the actual records', or nized rules, but an ununderstandable the person preparing such document. fails to find all of the information or system of procedure in which princi He must exercise not only careful conveyances which the law imposes up ples are lost sight of in the process of research, but legal learning on the on him to find, he will breach the duty procedure. Law, in its larger sense, subject of conveyances, descents, owing by him and will be held liable may be said to be not only a uses, trusts, devises, judicial pro to the party sustaining the damages, ceedings, set of rules, but a science, and also and in fact numerous for all loss directly traceable to the a philosophy. If there are weaknesses branches of the law. While he is abstracter's omission.' in the procedural phase (which may be not required to give legal opinions said to be as to the ultimate effects of 'Vallette v. Tedens 122 Ill. 607; 14 N. E. 52. an element of law as a facts or 'Marston v. Catterlin 239 Mo. 390; 144 S. science), instruments, it is evident that w. 475. the student of the law will unless 3 find encouragement the abstracter ascertains the facts or Wacek v. Frink 51 Minn. 282; 53 N. W. in noting the in 632; Morin v. Divide County Abstract Com-• creasing clarity of rules and the firmer shows the instruments which may af pany 48 N. D.; 183 N. W. 1006. establishment of fundamental fect the title the lawyer or title ex 'Nat. Sav. Bk. v. Ward 100 U.S. 195; Hop ideas, kin v. Abs. Co. 36 Calif. App. 699; Lattin v. and further encouragement in the tend· aminer has no guidance as to the true Gillette, 95 Cal. 307; Merritt v. Fremont T. ency of the courts toward a broader status. The court decisions are all in & T. Co. 39 Ida. 238; Hillock v. Ida T. & T. , in Co. 22 Ida. 440; Chase v. Heaney 70 Ill. 268; terpretation, thus effectuating a phil accord on this point that it is an under Brown v. Sims 22 Ind. A. 317; Young v. Lohr osophy of uplift taking of skill. 118 Iowa 624; Arnold v. Barner 91 Ks. 768; and social justice. Humboldt Bldg. To say Assn. Co. v. Ducker, 26 Ky. that the rules governing the Relation of Abst ract er and Customer. 931; Dorr v. Ins. Co. 238 Mass. 490; Smith liability of abstracters v. Holmes 54 Mich. 104; Wacek v. Frink 51 have been re The second rule firmly established is Minn. 282; duced Schade v. Gehner 133 Mo. 252; to a set of definite principles that a confidential relation exists be Renkert v. Title Guar. T. Co. 102 Mo. A. 267; Rankin v. in every state is too broad an assertion. tween the abstracter and his customer. Schaeffer, 4 Mo. A. 108; Dodd v. To say Williams 3 Mo. A. 278; Western Loan etc. Co. that the rules which have been It is stated as a general proposition v. Silver Bow Abst. Co. 31 Mont. 448; Morin uniformly v. Divide Co. Abst. Co. 48 N. followed in the various the relationship is not unlike that ex D. 214; Crook v. states accomplishes Chilvers 99 Neb. 684; Security Abst. T. Co. v. the uplift and high isting between an attorney and his Longacre, 56 Neb. 469; Hershiser v. Ward 29 plane of responsibility, which those en- client. The abstracter is not perm Nev. 228; Economy Bldg. etc. Assn. v. West itted Jersey T. Co. 64 N. J. L. 27; Glyn v. Title 5 TITLE NEWS difficult in a The rule of liability governing such It frequently becomes It will be helpful on this point to dis what consti lack of skill is stated in a case' de given case to determine cuss some of the leading court de what constitutes cided by the Supreme Court of the tutes negligence, and cisions. of the customer's rights so as abstract United States in 1879. a breach In a Tennessee case' an to an action against an to a An attorney in Washington, D. C., to give rise company furnished an abstract on account of lack of skill. of a will were had attempted to make a research of abstracter customer in which parts are instances in which the ab simple title in the records and advise his client as There set out showing a fee makes his memoranda and pre secured a to the condition of the title to certain stracter the customer. The customer his books from records in the of Later, it de real estate, prerequisite to his client pares loan from the plaintiff. of a county official and then later devised only a obtaining a loan on the property. The fice veloped that the will official discovers an error and held the ab attorney's opinion stated that the own the life estate. The court a correction or rewrites the rec out an ab er had a good title and the loan com makes stracter's action in setting without notice to the abstracter. was negli pany relied upon the opinion and made ord breviated copy of the will public records in inany counties observa a loan of $3,500. It developed a prior The gence, and made the following poorly kept the most experienced conveyance had been made which was are so tions: is baffled in finding the such as not discovered. No recovery was per abstracter "The error complained of is title information. The ad by the exer mitted as against the attorney on the necessary could have been avoided judicated cases disclose a large number and skill on the ground that there was no contractual cise of ordinary care of law suits which may be traced to qualifications relation between the loan company and part of one possessing such defective records. abstracting." adapted to the business of The errors or omissions for which this It is interesting to note that in abstracters have been held liable fall how early Tennessee case the court, in three classes. The first is the failure and ever, did not permit the building to note tax liens, special assessments loan association to recover even though or benefits, mechanic's liens, attach it found the abstracter had been negli ments, lis pendens and judgments. In gent, for the reason that there was no this class the abstracter must rely in the "privity of contract" between the main on the work of county of plaintiff and defendant. ficials and their deputies and upon his In another Tennessee case•, the ability to understand their methods. It complainant purchased twenty-one is not, therefore, unusual to find that acres of land relying upon an abstract the decisions abound in cases of this showing title in the seller. It devel kind. oped that four acres of the tract had The second class is the failure to been conveyed away and the abstract note existing mortgages and deeds of company failed to find the recorded trust. conveyances to such four acres. The The third class is the failure to set court held such omission on the part out conditional conveyances, undivid of the abstracter was negligence and ed interests, or full extracts from wills. said: In this third class diligent search of the " To furnish abstracts of title is a records is required for the reason that business. Parties undertaking it as the conditions or qualifying clauses in sume the responsibility of discharging conveyances or wills often appear in the duties in a skillful and careful some obscure part of the in trument. manner. They are to furnish the facts In the first class, the abstracter's from the register's office without con negligence is often brought about by cern for their legal effect. Upon the the incompetency and poor methods of facts furnished, the purchaser must de public officials. But in the second and termine for himself their sufficiency. third classes the negligence is ordinar The abstract company collects the evi ily attributable solely to the abstracter. dence and for such collection is en A source of annoyance both to cus titled to its fee. If it makes a mistake tomer and abstracter is that of judg re or oversight as in this case, it must V. E. PHILLIPS, ments against persons bearing similar spond to the injured party." Member of the Law Firm of Proc names. The courts of North Dakota It is also interesting to note that in tor & Phillips and Instructor in Real and South Dakota have assisted in de this case the Tennessee court held Property Law, Kansas City School termining what is negligence in that since the abstracter knew that the of Law. searches for judgments. In the North abstract had been procured for the Dakota case' the abstracter was held the examiner, but the court announced purpose of putting it into the hands of not liable for failure to show a judg the rule of law as follows: prospective purchaser and acted as ment against William J. Rideout on a the employed by the pur agent in the drawing of the deeds in "Attorneys search for William G. Rideout. How of real property to investigate the sale, there was sufficient "privity chasers ever, in the South Dakota case• it was of the grantor prior to the of contract" for the purchaser to main the title held to be negligence to omit a judg impliedly contract to exercise tain the action and recover for the ab purchase ment against E. J. Borstad on a search care and skill in the per stracter's negligence. reasonable for Edward J. Borstad. formance of the undertaking, and if Byrnes v. A more difficult question arises in Guar. etc. Co. 132 App. Div. 859; are negligent or fail to exercise Palmer, 18 App. Div. 1 (aff. 160 N. Y. 699, 55 they connection with matters dehors the rec NE 1983); Sackett v. Rose 55 Okla. 398; Walk such reasonable care and skill in the r eh 105 ord. On account of the confidential er v. Bowman 27 Okla. 172 (rev. on ischarge of the stipulated services, P 639); Watson v. Muirhead 57 Pa. 161; Bo d relationship between the abstracter and 33 Pa. Super. 68 ; to their employers dine v. Waynes T . etc. Co. they are responsible his customer, the abstracter must re Stephenson v. Cone, 24 S. D . 460 ; Equitable for the loss occasioned by such neglect Bldg. etc. Assn. v. Bank of Commerce, etc. veal such outside information to his Co. 118 T enn. 678; Dickie v. Nash ville Abst. or want of care." his atten ex . Civ. customer upon its coming to Co. 89 Tenn. 431 ; Bank v. Goug h (T This is the only case in which the Ap.) 197 SW 1119; Puckett v. Waco Abs t . tion irrespective of the record infor Fi States etc. Co. 16 T ex. Civ. Ap. 329; Murphy v. Supreme Court of the United mation. In a Missouri case" an at- delity Abs t. & T. Co. 114 Was h. 77; Bremer has passed upon such undertaking, and ton Dev. Co. v. Title T. Co. 67 Was h. 268. ' Turk v. Benson 30 N. Dak. 200; 152 N. W . ' Equitable Building & Loan Ass n . v. Bank of course the rule applies to abstracters 354. of Commerce and T. Co. 118 T enn. 678 ; 102 and others engaged in furnishing title •Stephenson v . Cone 24 S. Dak. 460; 124 N. S. W. 301; 12 L. R. A. (N. S.) 4449; 12 Ann. W . 439; 26 L. R. A. (N. S.) 1207. Cases 407. information. '°Keuthan v. St Louis Tr. Co. 101 Mo. App. 71.bstract Company 89 384. 'Dickie v. Nashville Bank v. Ward 100 U. S. 195. 1 ; 73 s. w. Tenn. 431; 14 S. W. 896. 'Savings 6 TITLE NEWS tempt was made to hold an abstract purchaser paid over his money relying that he might company liable for failure at some time be com to show upon the representations of the seller pelled to idemnify facts recited in a deposition his grantee did not on file in that he had an unencumbered title. It give him a tax suit, indicating a cause for action against the death of a it said that where an encumbrance is the abstracter." certain defendant and the failure in overlooked, the measure of damages the suit to secure service on his heirs. is ordinarily the cost of paying off or Duty of Customer to Mitigate The court held a failure on the part removing the encumbrance and is not Damages. of the abstracter to read the deposition measured by the equity in the property It is a general rule of law that one on file in the case was not negligence which the plaintiff may have lost on injured or about to be injured on ac and commented on the obligation of the account of foreclosure. The rule is count of some breach of contract is ob title examiner in the following lan stated in Devlin on "Deeds," Volume ligated to use his best endeavors to guage: 3, page 2799, as follows: mitigate the damages." "Where a conveyance of real prop "Before a party can recover dam This rule was applied in an Okla erty results from legal proceedings and ages for any loss sustained by a faulty homa case'' in which the defendant the official deed is only prima facie evi abstract, he must show that he relied furnished an incorrect abstract to cer dence of the recitals therein, as in a upon the abstract * * *A recovery in tain property in Oklahoma City on tax deed in this State, an examiner damages cannot bE: had unless it can which p r o p e r t y plaintiff loaned of title should do one of two things; money. An existing judgment which he • should either by marginal notes on was a lien upon the property was his abstract call attention to the fact omitted from the abstract. Later that the One learns from this article deed is but prima facie evi plaintiff purchased the property but dence and a study of title, or he should examine the of the cases and permitted it to be sold under the judg court proceedings and ascertain for decisions on liability of ab ment lien and completely lost. In the himself whether or not the court ren stract er s that thefollowing points lower court, plaintiff recovered and the dering the judgment had jurisdiction of are emphasized. measure of damages was held to be the the subject-matter and also had ac 1. full value of the property. The ap quired jurisdiction The rising i1alue of real of the person of the pellate court remanded the case with defendant, and estate and the increasing num that the parties to the directions to enter a decree only for suit and ber of transactions have added to the title are identical. War the amount of the omitted judgment. velle on Abstracts, to the importance of the ab p. 619. Such an ex The opinion written in the case con amination stracter and his would ordinarily be suffi work, and con tains a statement oi the fundamental cient, if the record showed jurisdiction sequently his duty and liability law applicable: in the court to render the particular Jzave increased. "It is the duty of the party injured judgment and the parties to the judg 2. Early cases show by a breach of contract or tort to make ment and an inclin the title claimed under it to ation to let him evade reasonable effort to avoid damages be identical in and escape name and description, therefrom. Such damages as might by and it would legal liability on a defense of not be negligent in the reasonable diligence on his part have examiner to fail technicalities but the courts are to make inquiry de been avoided are not to be regarded as hors the records showing an inclination now of to ascertain if there the natural and probable result of the might not recognizing tlie moral liability be some possible defect in defendant's acts. There can be the proceedings, too and no re or error in the name more closely defining covery therefor for damages which or description of the the parties." real responsibt/,ity and de have been prevented by reasonable ef It will be seen that each case pre pendence placed in his work. fort on the part of the person injured." sents a question in itself, but the ab 3. The relation between In another case" it was held that a stracter must realize the that on account abstracter person likely to be injured by an error of his special undertaking and his client is one and the skill or omission of an abstracter should re required together with of confidence and high trust. the absolute re port the fact to the abstracter in order liance by the customer 4. That the on his work, work of the ab that the abstracter might make such there is a tendency on the part of the stracter is unquestionably one effort as he desired to prevent any loss. courts and of juries to hold him liable calling for high skill and lrnou:l whenever possible. edge. Privity of Contract. The Measure of Damages. 5. The Common Law Rule Common Law rule is that the of abstracter's responsibility Courts hold that the damages re privily runs only to of contract has been the party contracting coverable against an abstracter on ac with him and abrogated in some states by this is the count of his negligence in making a rule generally followed by statute and in others by decisions the courts of true transcript of the records and set the United States unless recognizing riglits of a third it has been ting out the facts affecting the title changed by statute. party sustaining a The courts are those which are a direct result loss. have decided in a major of ity his negligence or breach of duty.n of cases involving this inquiry that the abstracter It is also held that the plaintiff must was not liable to a third party-as a purchaser in a case in have relied upon the recitations con be shown that actual injury has result which the seller ordered the abstract, tained in the abstract. Thus, where ed to the person who relied and who or a mortgagee who relied upon a purchaser entered into a contract for had a right to rely on the abstract." the abstract in extending credit." There the conveyance of real estate free and The mere fact that an error in the clear of encumbrance and paid the pur abstract exists is not sufficient, but "Walker v. Bowman 27 Okla. 172; 111 Pa chase price cific, 319. before the abstract was it must be shown in addition to this "Sackett v. Rose, 55 Okla. 398; Roberts v. presented to the abstracter, it is held fact that actual loss resulted from it. Leon Loan Co. 63 Iowa 76: Von Schaick v. that no recovery can be Sigel, 60 How. Pr. (N. Y.) 122. had against In an action hich was brought to re "Sackett v. Rose 55 Okla. 398; 154 Pac. • the abstracter for his omission of an cover damages for failure to show l 177; L. R. A. 19160 820. encumbrance for the "'Von Schnick v. Sigel 60 How. Pr. 122. reason that the liens existing on property, the plaintiff JGNational Sav. Bk. v. Ward 100 U. S. 195, 26 L. e d. 621; llChase v. Heaney 70 Ill. 268; Beckovsky v. to whom the abstract was furnished Dundee Mortg. etc. Co. v. Ab st. Co. 208 Mich. 224; Keuthan Hughes 20 Fed. 39; Talpey v. Wright 6l v. St. had sold the property by Ark. 275, Louis T. Co. 101 Mo. Ap. 1; Crook v. Chil warranty 32 SW 1072, 54 AmSR 206 and note; vers 9a Neb. 684; Morin v. Divide deed and sued on the theory Mechanics' Bldg. Assoc. v. Whitacre, 92 Ind. Co. Abst. that he 547; Co. 48 N. D. 214; Brynes v. Palmer 18 N. Y. would be liable on Allen v. Hopkins, 62 Kans. 175, 61 P. Ap. Div. 1; Kimball v. Connolly his warranty for 750; Mallory v. Ferguson 50 Kan. 685, 32 P 33 How. Pr. 410, 247: Morange v. Mix 44 N. Y. 816; Sackett v. the damages sustained by the pur 22 LRA 99 and note; Symns v. Cutter, Rose 55 Okla. 398; Abst. Co. v. Harris 9 Kans. A. 210, 59 P 671; Beckovsky v. Abst. 48 chaser. The Court held that the plain Co. 208 Okla. 577; Manville v. Abst. Co. 65 Okla. 12; Mich. 224; Kenyon v. Charlevoix Imp. DeVilliers v. Pioneer Abst. Co. 92 tiff hacl not yet suffered any actual Co. 135 Mich. 103, 97 NW 407; Schade v. Okla. 80; Gehner, Land Co. v. Rutland, Tex., 1 5 SW 1064. damage and the mere apprehension 133 Mo. 252, 34 SW 576; Clark v. Marshall, 34 Mo. 421; Zweigardt v. Birdseye, TITLE NEWS 7 are some decisions to the contrary." contract. But under the common law might be said from the time of the However, where the state statute ex rule and the rule adopted by the ma employment or entering into of the pressly provides that the abstracter jority of our American courts, he has contract, but such actions would not shall be liable for his negligence to any no remedy. A above stated, this evil be barred if the statute begins to run person relying upon his certificate and has been met by statute in some of the from the time the error or mistake is a bond is so conditioned, then it is said states.'" discovered. that the conditions of the bond are It is thought that if the abstracter's It is ordinarily held that the statute read into the original contract and the certificate would recite that the search begins to run from the time of the third party can sue on such contract was made for the benefit of the ownei· furnishing of the abstract." as a beneficiary. as well as for the benfit of all pur The rule is well stated in a recent This rule of privity of contract seems chasers, mortgagees and other persons Oklahoma case" as follows: arbitrary, subversive of business ethics relying thereon, then in case of dam "A cause of action against an ab and contrary to reason. Owners sel age arising from negligent omissions stracter of titles for giving a wrong dom expend money for abstracts un or statements contained in the ab certificate of title accrues at date of less it is for the purpose of conveying stract, such third parties might re the delivery and not at the time the that information to someone else. It cover on the certificate under the well negligence is discovered or consequen would seem that the courts would take established principle of a contract tial damages arise." judicial notice of such a common fact. made for the benefit of third persons.'° There are, however, cases holding to This harsh rule is upheld on the ground There are, however, some limitations the contrary." In the cases holding to that no duty is ever created between applied by the courts under this doc the contrary, the rule is predicated individuals other than by an express or trine which might prevent relief, and either on the statute of that state or implied contract, except in the case of the priciple limitation is that the bene on the theory that a fraud has been extrahazardous instrumentalities and in ficiary must be specifically designated." committed. In nearly every state it the case of malicious conduct. It is Another limitation is that there must is provided that the statute of limita argued that any other rule would open be some obligation flowing from the tions does not begin to run in cases of a field of speculation with attendant promisor to the beneficiary. The better fraud until the fraud is disco·vered. In evils of asserted claims growing out view adopted by the courts under these the evil of which limitations is that if the beneficiary is of imagined relations, seem lo be sustained be greater than the occasional designated as one of a class and he I asses would The great denial of a recovery on the ground of adopts the contract as being for his from a few sources. no "privity of contract." benefit and acts relying upon it, he est number are from overlooking It is a settled rule of modern real can recover. An illustration of this un/>aid Laxes, suits pendi11g, estate business that the seller shall principle of law is shown in a case judgments, etc. furnish to the buyer within ten days where an agreement between an own Next comes the 'missing of or other specified time "a complete er and a lessee provides that the owner exisling rnorigages and deeds for the express purpose abstract of title to said property from deposit money of trust. the United States Government to this of paying material bills to persons date with certificates by competent ab making alterations of the premises. The The third rommo11 source of stracters as to taxes, judgments and material men infrequently are not as mis:akes is in overlooking cove liens affecting the property." Every certained at the time the contract is nants, restrirt1"011 s, conveying of abstracter knows that his abstract will entered into and in many instances it frartional interests, interpi'ela be inspected by some purchaser, mort is not determined the quantity or char Lions of wills, etr. the con gagee or other person extending credit acter of material needed in J1 ti of these are the result of struction work. In such cases, how on the faith of it. The Ohio Supreme rnrelessness or oz•ersight but court has held, however, that no es ever, the courts hold that if the con that JOU cannot be custom can have the effect of tractor or materialman adopts the con which prove tablished emphasizes the changing the fundamental law of the tract between the owner and the lessee too careful, and 1 land in this respect.'' and undertakes performance relying fart that wills should alwa; s be There is a twilight zone in which it upon the deposit, a recovery can be coj>ied in full and 110 abstracter is difficult to say when fundamental had, under the doctrine of a contract endeavor lo interpret or brief legal principles should give away in made for the benefit of a third party.22 them. order to effectuate desired adjustment Statute of Limitations. in business relations. The philosophy · The general rule is that an action of the law, undoubtedly would dictate the state of Idaho, the statute touch against an abstracter for incorrect giving of relief to an innocent pur ing upon this point reads "that the statements or omissions is an action chaser who lost his farm on account cause of action in such case does not contract and not one in tort. Con of an abstracter's error in failing to in accrue until the discovery by the ag the statutes of limitations show pending liens or an unreleased sequently, grieved party of facts constituting the governing contract actions apply. The mortgage, irrespective of privity of fraud or mistake." In view of this pro length of such statutes, of course, vision it has been held in an Idaho 57 Mo. A. 462; Security Abst. of T. Co. v . varies in the different states. The or case" that the statute begins to run Longacre, 56 Nebr. 469, 76 NW 1073; Galle gos v. Ortiz 28 N. Mex. 598; GJawatz v. Peo dinary range of time for the barring from the time of the discovery of the ple's Guar. Search Co. 4 9 App. Div. 4 65, 63 of contract actions under such limita "mistake." This, of course, enlarges NYS 691; Lockwood v. New York T. Ins. Co. to five years. 73 Misc. 296, 130 NYS 824; Thomas v. Guar tation statutes is three upon the ordinary statute which in antee T. de. Co. 81 Oh. St. 432, 91 NE 183, It becomes important to ascertain cludes only fraud. 26 LRANS 1210 and note; Houseman v. Gir when the statute begins to run in an ard Dldg. Assoc. 81 Pa. St. 262; Peabody Bldg. In the most recent case" reported & L Assoc. v. Houseman 89 Pa, St. 261; action against an abstracter. Many Equitable Bldg. etc. Assoc. v. Bank of Com actions are barred if the statute runs "Russel v. Polk Co. Abst. Co. 87 Ia. 233; merce, etc. Co. 118 Tenn. 678, 102 SW 901 Lattin v. Gillette 95 Calif. 317; Owen v. West SW, 901, 12 LRANS 449 and note, 12 AnnCas from the time of the transactions or as Sav. Fund 97 Pa. St. 47; Provident L. T. Co. 407 and note; Bremerton Dev. Co. v. T. T. Co. v. Wolcott 5 Kans. Ap. 473; Schade Gehner 67 Wash. 268, 271, 121 P. 69. "Arnold v. Barner 91 Ks. 768; Crook v. 133 Mo. 252; Rankin v. Schaeffer 4 Mo. Ap. "Young v. Lohr, 118 Ia. 624; Brown v. Chilvers 98 Neb. 684; Sackett v. Rose 55 108; Walker v. Bowman Okla. 172; Arnold v. Sims. 22 Ind. Ap. 317; Loan Co. v. Abst. Co. Okla. 398; Merill v. Fremont Abst. Co. 39 Ida. Barner, 91 Kan. 768. 31 Mont. 448; B & L. Assn. v. Title Co. 64 238; Gregory v. Harper 51 Okla. 419. "Garland v. Zebold 98 Okla. 6; 223 Pac. N. J. L. 27; Appleby v. State 45 N. J. L. 161; 206 R. C. L. 882; 13 C. J. 703 et. seq.; Page 682. v. Abst. Co. 89 Tenn. 431; Denton v . on Contracts Vol 3 page 4191 et. seq.; Willis "Hillock v. Idaho T. & T. Co.; C. R. I. & Dickie SW Title Co. 112 Tenn. 320; Houseman v. B. & L. ton on Contracts Vol. 1, page 674 et. seq.; G. Ry. v. Duncan (Tex. Civ App) 273 Assn. 89 P. St. 261; Chase v. Heaney 70 Ill. Contracts for Benefit of Third Persons by 908. v. Gillette 95 Calif. 319; Anderson James Lewis Parks, Univ. of Missouri Bar '"Hillock v. Idaho Title & Tr. Co. 22 Idaho 268; Lattin (N. S.) 178. v. Spriestersbach 69 Wash. 393. Bulletin, Law Series 33, Nov. 20, 1925. 440; 126 Pac. 612; 42 L. R. A. '"Thomas v. Guarantee Title and T. Co. 81 "Page on Contracts Vol. 3, page 4215. "Chicago Rock Island & Gulf R. R. v. Dun Ohio St. 432; 91 N. E. 183; ' 26 L. R. A. (N. 22Beattie Manufacturing Co. v. Clark 208 can (Tex. Civ. App) 273 S. W. 908; 1 Corpus S.) 1210; 2 N. C. C. A. 80. Mo. 89; 106 S. W. 29; 14 L. R. A. (N. S.) 822. Juris 370. 8 TITLE NEWS in the law books on abstracter's liabil 2. The relation existing between the from the very nature of the work will ity, the Court of Civil Appeal of Texas abstracter and his customer is such a be held to be created between the ab announces an anomalous rule in ·con confidential one that the abstracter is stracter and such third person. nection with the time the statute be held to a high degree of trust. When these two rules have been gins to run and enlarges upon the term 3. The duty is imposed upon the ab clearly established by the courts, it is "fraud" as it is usually understood in stracter in the perfomance of his un believed that the business of furnishing connection with such statutes. dertaking to exercise care and skill abstracts will conform more nearly to The action was brought by plaintiff and in case of his failure to do so, he the business ethics for which abstract railroad company against the executrix will be held liable for his errors. ers generally, and particularly those of the estate of a deceased abstracter 4. In case of such failure on the part who are members of The American alleging omissison of deed dated in of the abstracter to exercise care and Title Association, are striving and seek 1883 conveying the property to grant skill, his liability is only for damages ing to secure for their profession. It or's children reserving a life estate in actually sustained as a direct conse is also thought that the law will then the grantor. It was alleged that dam quence of his negligence. more nearly effectuate a philosophy of ' ages had been sustained in the sum of 5. The customer owes a duty to the uplift and justice in the relations be $12,000, representing the amount paid abstr.acter to notify the abstracter tween owners of real property, mort to the children for their estate. The ab promptly of any errors on his part and gages, and abstracters than afforded stract was prepared by the defend the customer owes the further duty to by our present jurisprudence. ant's decedent in August, 1902 and mitigate the damages in every reason Court D ecisions. the omission was discovered by the able way. plaintiff in February, 1916. Defendant Classified by states and with comment or omission. 6. The Common Law rule adopted UNITED STATES: executrix set up the two-year statute Dundee J.Iortg. & Trust Co. v. Hughes. 20 Fed. 39. by a majority of the courts is that Page v. Trutch, Fed. Cases No. 10,668. of limitations and the four-year statute National Sav. Bank v. Ward, 100 U. . 19G; 23 L. of limitations provided by the Texas there must be privity of contract be Ed. 621. tween the damaged party and his de ARKANSAS: law. In the trial court, the case was Talpey v. Wright, Cl Ark. 21ti; 32 S. W. 1072. dismissed on the ground that the sta fendant. CALIFORNIA: 7. The Common Law rule of privity Lattin v. Gillette, 9:; C:t!lf. 317; 30 Pac. 545. tute of limitations was a bar. On ap (failed to show one halt of land vested in others.) peal the case was reversed. The court of contract has been abrogated by Hopkins v. Abstract Co. 36 Calif. Ao1>. ()99; 173 Pac. 106. first departed from the usual rule ap statute in some of the states and in Brown v. Title Ins. & T. Co., Calif. App. 63; 196 other states the courts have by judicial Pac. 114. plied in such cases that the action is IDAHO: on the contract" in event of an ab decision abrogated the rule where the Hlllock v. Idaho Tile & Trust Co., 22 Ida. 410: 12G Pac. 612; 42 LRA NS 178. (tax deed omitted.I stracter's error or omission and held evidence shows that the abstracter Merrill v. Fremont Abstract Co. 39 Jdnho 238; 23i knew a designated third party who has Pac. 34. (mortgage omitted; Idaho statute inter plaintiff could elect to bring its action preted.) in tort thereby waiving the contract. been damaged was relying thereon. ILLINOIS: Chase v. IIPan('y. 7 Ill. 26R. (ju d ~me nt omitted.) Under the evidence in the case it was 8. Actions for the recovery of dam ' "ollette v. Tedens, 122 Ill. 607; 14 N. E. 52. (good admitted that the decedent acted in ages on account of the abstracter's faith reoulred.) INDIANA: the best of faith in preparing the ab negligence must be brought within the Williams v. Handy, 16 Ind. App. 464; 45 N. E. 622. stract and the omission was entirely ac statutory limitation period dating from Brown v. Sims, 22 Ind. App. 317; 53 N. E. 779. (lls pendens om itted) cidental, yet the court reaches the the making of the contract and fur Batty v. Fout, 54 Ind. 482 (mortagc omttted) Afcchnnlcs Bldg. Assn. v. \Vhltacrc, 92 Jnd. 547 naive conclusion that decedent's acts nishing the abstract and not :f.rom the (mr,tgago shown as released) Ohmnrt v. Cltz. Snv. & Trust Co. (Incl. App,) worked a legal fraud on plaintiff rail discovery of error unless this point 145 N. E. 577 (omitted judgment. No Jlablllty way company and was equally action is controlled in the particular state by to vurchnsor) IOWA: able as if it had been maliciously done. statute or precedent. Roberts v. Leon Loan & Absl. <:o. 63 Towa 76; 18 N. W. 702. (liability for error but duty to mlli The court further said plaintiff was in It is thought that careful study of the gate damages) Thomas v. Fl r hrc. ~O Jowa 237. (suit afTertl n.2' tit)(') duced to purchase the property through decisions of our courts over a period Russell v. Polk Co. Abstract Co. 87 Jowa 233; 54 N. W. 212. the "concealment of the fraud alleged of many years will show a tendency in Young v. Lohr, 118 Iowa 624; 92 N. W. G84 . (sher * * * that is, the fraud in its concealed recent years to make the abstracter iff's deed) KANSAS: or hidden state." Presumably, this is liable in clear cases, notwithstanding Provident Loan & Trust Co. v. \Va !co lt, G Kuns. a reference to the abstracter's certifi any arbitrary rules of law whenever it App. 478; 47 Par. 8. Symns v. Cllttcr, 9 Kans . .App. 210; 59 Pac. 611 . cate which recited that the abstract is possible to justify the decision on any (judgment) :Mallory v. Ferguson. 50 J(nnsas 685; 32 Pac. 410; contained all of the documents affect reasonable ground. There are, how 22 LRA 99. (suit al'lectlng title) Allen v. Hopkins, 62 Kans. 175; 61 Pac. 750. ing the title. ever, some additional rules which the (mortgage) • Arnold v. Barner, 91 Kans. 768, 139 Pac. 404; Ann. By the steps above referred to, the writer predicts will eventually become Cases 1915 D 446; 6 N. C. C. A. 965. (mortgage conclusion was reached that the rule well settled in the law governing the omitted; statute since 1903 includes third persons) KENTUCKY: "limitations will not run in cases of liability of abstracters. These may be Humboldt Bld. Assn. Co. v. Duckor, 26 Ky. Law fraud until the fraud is discovered" stated as follows: 931; 82 s. w. 969. LOUISIANA: should be applied and the lower court 1. If the abstracter's certificate re Marano v. Shaw, 23 La. Ann. 379. (no prlvity) in view of such ruling was instructed cites that the search is for the benefit Fox v. Thlboult, 33 LA. Ann. 32. (mortagage) MASSACHUSETTS: to try the case even though the cer of the owner, purchaser, mortgageE! Dorr v. Insurance Co. 238 Mass. 490 131 N. E. 191 tificate was dated fourteen years be of other person relying thereon, the (easement) MICHIGAN: fore the omission was discovered. We courts will hold, in the states which Smith v. Holmes, 54 Mich. 104; 19 N. W. 767. Kenyon v. Charlevoix Imo. Co. 135 Mich. 103; 97 believe the reasoning in this case is not have not remedied the situation by stat N. W. 407. Bcckovosky v. Burton Abstract & Title Co. 208 paralleled in any case touching upon utory provisions, that the damaged Mich. 224; 175 N. W. 235. (lncumbrance) the subject of abstracter's liability. party who has relied upon. the certifi MINNESOTA: Banker v. Caldwell, S l\Unn. 94 Conclusion. cate may have relief under the doc Wakelleld v. Chowen, 26 Minn. 379. (Judgment) In conclusion, we submit that an trine of a contract made for the ben Wacek v. Frink, 51 Minn. 282; 53 N. W. 633 (showing partial release as full relense) analysis of all of the cases decided by fit of third persons. MISSOURI: Wood v. Roland, 10 Mo. 143 the courts of the United States show 2. The courts will take judicial no Gilman v. Hovey, 26 Mo. 280 (judgment) the following rules, which may be re tice of the custom which has become Schade v. Gchner. 133 Mo. 252; 31 S. W. 576. Clark v. Marshall, 34 Mo. 429 (incorrect de- lied upon, subject, however, to the lim universal in the United States in con scription) l\farston v. Catterlln, 239 Mo. 390 (deed of trust) itations of each state so far as they nection with real estate transactions Dodd v. Williams. 3 Mo. App. 278. Roberts v. Sterling, 4 Mo. App. 593 (must rely on may be affected by procedure and pre that the abstract is prepared for some certif) cedent existing in that state: third person and not solely for the Rankin v. Srhacfrer, 4 M:o. App. 108 (pending suit) 'ftimble v. Stewnrt, 35 Mo. App, 357. (tnxes) 1. The i:furnishing of an abstract owner and will decide that the ab Zwcigardt v. Birdseye, 57 Mo. App. 462 {judgment) Keuthan v. St. Louis Trust Co. 101 Mo. App. 1; from the very nature of the work is stracter's undertaking is for the bene 73 S. W. 334. (not reQuired to read deposition) Renkcrt v. TiLle Guaranty Trust Co. 102 Mo. App. an undertaking of skill requiring com fit of a purchaser, mortgagee or other 267; 76 s. w. 641. petence and careful scrutiny of the person extending credit upon the faith MONTANA: Western Loan & Savings Co. v. Silver Bow Ab records. of his recitals, and a primary obligation stract Co. 31 Mont. 448; 78 Pac. 774. (Judgment) TITLE NEWS 9 Glyn v. Title Guarantee & T. Co. 132 Aoo. Div. (mortgage) i:!. 42l. levers v. CommonwealLh, 87 Pa. 15. (Judgment). NEBRASKA: 859; 117 N. Y . eman, 89 Pa. Thomas v. Carson, 46 Nebr. 765 ; 65 N. W. 899 Lockwood ''· 'l'itlo Jnsurunre Co. 73 Misc. ll<'P. 290; P eabody Bldg. & Loan Assn. v. llous Gate City Abstract Co. v. Post, 55 Nebr. 742; 76 130 N. Y. S. 821. (con Insurance Co., MORTGAGE BA NKERS ASSOCIA the Investor." E. D. Schumacher, Harris, National Life Ill. TION CONV ENTION TO BE HELD Southern Bond & Mortgage Co., Rich of the U. S. A., Chicago, IN RICHMOND, VIRGINIA, SEP- mond, Va. "Guaranteeing Mortgages as to In T E MBER 21 , 22 A ND 23. "Tips on Securing a Life Insurance terest and Principal." L. K. Harper, Outlet for Mortgage Loans." F. 0. Colonial Mortgages & Investment Co., Many Members of T itle A ssociation are Ketcham, Realty Trust Co., Dallas, Baltimore, Md. Albert C. Dulaney, Members of t his O rga nization and Texas. Franklin Title & Trust Co., Louisville, I n terested in Its Work. "Management of Farms for Non Ky. A remarkably interesting program Resident Owners." J. L. Humphrey, "Farm Fire Prevention." E. B. has been prepared for the convention Great Falls, Mont. I. Sibbernsen, Mount, E. B. Mount & Co., Minne of the Mortgage Bankers of America Omaha, Nebr. apolis, Minn. which will be held as above stated. A "Ethics of Mortgage Loan Competi "The Importance of Soil Studies." very interesting and strong program tion." C. W. Bailey, Southern Trust F. C. Waples, Midland Mortgage Co., has been prepared. A feature this Co., Clarksville, Tenn. Cedar Rapids, Ia. can be done to Improve the year will be the advertising exhibit "What by which a layman may of Agriculture." C. B. Mer "Methods showing advertising of the members. Condition up Valuations and Build Central Trust Co., Topeka, Kans. quickly check The program includes an address by riam, Gilbert Bowie, H. L. Rust "Selling Bonds by Mail." Y. W. ing Costs." Congressman W. R. Green, chairman Co., Washington, D. C. of the Ways and Means Committee of Mann., General Sales Manager, Geo. "Stimulating the Market for Farms." House, who will talk on finance and M. Forman & Co., Chicago, Ill. the Griff Johnson, Equitable Life Insur taxation. "Title Insurance." Richard B. Hall, ance Co., Des Moines, Iowa. L. J. Esty, president of the Ohio Executive Secretary, The American Mortgage Association, will present and Title Association, Kansas City, Mo. A reasonable time will be allowe His good work was recognized by re The Association voted to increase its election and sending him to the Atlan activities. Study will be made towards tic City Convention of the American the adoption of a uniform certificate. Title Association. Annual meetings will be held hereafter Some good talks and addresses were and an abstract contest will be a fea delivered at this meeting. Among them ture of the next one. a were, "Statewide Title Insurance" by The Montana Law provides that and Julius E. Roehr of the Milwaukee Ab certain bond must be furnished, the stract and Title Guaranty Co., Mil which when filed and approved, of waukee; "A Uniform Certificate for state treasurer issues a Certificate Abstracters" by E. F. Dithmar; "How Authority to engage in the abstract to Get Best Service from Employees" business. The following clause was also by Col. E. 111. Seaman of the Security adopted and recommended be included , Title Co., Milwaukee; "Abstract Prices in certificates of all members: / in Wisconsin" by Emil Lenicheck of "This company is a Bonded Abstract the the Citizens Abstract and Title Co., Company, having complied with Milwaukee; and "Outside Activities for laws of the State of Montana; is a Abstracters" by Will Hardy, of the member of the Montana Title Associa Hardy-Ryan Abstract Co., Waukesha. tion and the American Title Associa- The Association voted to continuP and enlarge its activities, to work for an increased membership, adopt a Uni form Certificate for use in the state; plan for a bigger and better state meet ing next year, and to have an active and attentive legislative committee on the job. Officers elected were: president, W. H. Hardy, Jr., Hardy-Ryan Abstract Co., Waukesha; first vice president, Fred A. Foster, Fond du Lac County Abst. Co., Fond du Lac; second vice president, Agnes E. Benoe, Ashland; C. E. HUBBARD, third vice president, Col. E. M. Sea Great Falls. Co., Milwaukee; man, Security Title "Cal" was one of the organizers of Rawlinson, Forest treasurer, W. S. the Montan,'\ Title Association, elected County Abst. Co., Crandon; secretary, its first year and re-elected of Secretary John M. Kenney, Dane Abstract ever since, holding World's Long Dis Title Co., Madison. tance Record as Secretary of a State Title Association. MONTANA T I TL E ASSOCIATION MEETS IN GREAT FALLS. won the steer roping and broncho bust ing contest. Certificates. Clause to be Put in The Association voted to send Presi The 1926 convention of this Asso dent W. B. Clarke to the national con ciation was held in its usual meeting vention at Atlantic City. place, Great Falls. This organization Officers el cted were: President, W. holds a two day session devoted almost B. Clarke, Miles City, Custer Abstract entirely to informal discussion and the Co.; first vice president, C. C. Johnson, interest of those in attendance can be Plentywood, Sheridan County Abst. measured by the fact that the time is Co.; second vice president, James T. always crowded. Robinson, Choteau, Teton County Ab There were but three addresses W. B. CLARKE, stract Co.; third vice president, Mar given as a formal program. President Re-elected President of the Montana garet M. Egan, Stanford, Judith Basin W. B. Clarke gave a splendid talk on Title Association and to represent County Abst. Co.; secretary-treasurer, at the Atlantic City general matters affecting the abstract his association E. Hubbard, Great Falls, Hubbard Convention. C. business in his president's annual ad Abstract Co. dress. under Sidney A. Cryor, General Counsel tion and this abstract is issued S 0 U T H DAKOTA ASSOCIATION by FIRST for the Federal Land Bank of Spokane, Certificate of Authority granted RE-ORGANIZES AND HOLDS made some interesting remarks. The said State under date of ----··------____ " MEETING IN WATERTOWN. Spokane Land Bank has always evi The Montana Association has been for a Number in Attendance Fine Surprise. denced much interest in the state title in active and beneficial existence Abstracters As associations in the District comprising number of years and raised the busi The South Dakota lying dormant for several • its territory. This is a mighty fine spirit ness to a high standard and satisfac sociation, are all ex yet always kept in tacit existence that will work for the god'd of both the tory basis. The members years business efforts of some of the interested bank and the titlemen of that com tremely interested in their by the came into an actual and ac munity. It is mighty fine too that men and the relation of the state organiza members, spirit of association as a result of of the type of Mr. Cryor have so much tion to it. There was a high tive state number few months intensive work of interest in the title business and take morale at this meeting and the the past state officials. This was culminated an active part in the affairs of the title in attendance was fine. its a great success by the meeting helrl associations. His presence at this meet The visitors attended an interesting in and the Watertown, July 23. ing was appreciated very much by the ball game between Great Falls in of David. Despite the fact there had been a Montana Association. team from the House the rain over most of the state dur The executive secretary of the A noon luncheon was held on heavy the twenty-four hours preceding American Title Association was present second day and was an enjoyable ing meeting, a large crowd was in at as the representative of that organiza event. the of the tendance and they came from all over tion and talked on general title mat A rodeo was also a feature Hubbard the state. ters. meeting, and Secretary Cal 12 TITLE NEWS A great deal of credit for this meet tertown and a well known title exam ing and the successful and enthusiastic iner, gave a most constructive talk on re-organization of the association is "What the Examiner Expects from the due to R. S. Williams of the Southwick Abstracter." Mr. Hasche's remarks Abstract Co., Watertown, president, were very good and he refrained en and John Claymore, of the Beadle tirely from telling how he personally County Abstract and Title Co., Huron, wanted abstracts made. He was en secretary. Much effort was spent in the thustically received. past year in interesting the abstrac The entertainment and atmosphere ters of the state in membership and of this meeting and the crowd there the South Dakota Association has six was one of real friendship and hospital ty-two members as a result. ity. It would be hard to distinguish This particular convention w a s from the luncheon at noon, and the planned well in advance and the at banquet in the evening. Both were tendance showed the value of state as mighty fine. There was a splendid sociations making and completing an menu, good entertainment and inform nual meeting arrangements sometime al and friendly talks from a number at before the actual dates and then ad each. "Dangerous Dan" Getty of Sioux vertising. Both President Williams and Falls presided at the luncheon and Secretary Claymore did several things. "Stub" Williams, fine host, was toast master for the evening banquet. The visitors were taken for an auto mobile trip in the afternoon over the city and in the surrounding country, arriving at Lake Kampeska and then returning to the hotel. The executive secretary of the American Title Association attended as the representative of that organization. It was voted to change the name to "The South Dakota Title Association" to conform with the national and other state organizations. JOHN BOWERS, Offtcers elected for the coming year Mandan, are: President, Fred W. Walz of the Re-elected President of the North Da Consolidated Abstract Co., Milbank; kota Title Association. vice president, John Claymore of the Beadle County Abstract and Title Co., A. W. Dennis, one of the founders Huron; secretary-treasurer, Paul M. and influences in the success of the Rickert, of the Roberts County Ab North Dakota Association, gave some stract Co., Sisseton. fine ideas on "The Future of the North Dakota Title Association." NORTH D A K 0 T A ASSOCIATION HAS USUAL GOOD MEETING. The North Dakota Title Association held its 1926 convention in Valley City. There was the customary good crowd in attendance to hear a mighty fine program. The North Dakota Asso ciation has done much for the abstract business in that state and those in it seem to realize the worth and merit of the organization and desire to support FRED B. WALZ, those in charge of its activities. Milbank. The program was replete with dis Elected President of the Re-organized cussions on interesting and timely South Dakota Title Association. topics. Geo. B. Vermilya, of the Mc Henry County Abstract Co., Towner, Mr. Williams prepared a novel program talked on "Uniformity in Abstracts." in the form of an abstract sending it Geo. H. Phelps of the Burke Abstract out to all abstracters of the state and Co., Bowbells, N. D., gave some inter Mr. Williams got up a very clever and esting points on "Abstracting as a novel cartoon that undoubtedly result Profession." (North Dakota is the only ed in many attending. state where it is a profession according The program was very interesting. to the deii.nition generally accepted One • of the features was an address on that a profession is a business of per "Title Insurance" by Anthony H. Rut sonal service operating under regula gers, manager of the Title Insurance tions, license and authority.) Department of the Southern Surety Anthony H. Rutgers, manager of the Co., Des Moines. Title Insurance Department of the F. B. Stiles, vice president of the Southern Surety Co., Des Moines, Iowa, First National Bank, Watertown, talked on "Title Insurance." He told talked of on "The Abstracter from the its general principles and then empha Banker's View Point" and gave a most sized its relation to the abstracter. interesting A discourse, bringing out general question box on the subject many more points than one would think was opened afterwards and Mr. possible Rut A. J. ARNOT, from anything that might be gers was asked many questions, show possible from such a subject. Bismarck. ing how interested a'bstracters are in Re-elected Arthur H. Rasche, attorney of W a- title insurance, Secretary-Treasurer of the North Dakota Title Aaaociation. TITLE NEWS 13 A. P. Paulson, Attorney of Valley "The operation of this law, partic holds the right of any group to cove City, gave a very valuable address on ularly if it be adopted by many states, nant to keep out of their community "The Liability of Abstracters." seems likely to bring into the tax situ any class of occupancy deemed unde Richard B. Hall, executive secretary ation an entirely· new element in our sirable. of the American Title Association, at national financial experience. The farm The Realtor's View. tended as the representative of the na land bank operation has been the sub Denial to owners of a right to im tional organization. ject of criticism because of the tax ex pose on their own real property, re The officers of last year were re emption connected therewith. But this strictions as to the use, occupancy and elected, and the offices of secretary exemption extends only to the bonds future ownership of such property and treasurer consolidated. that are issued to raise the money to would have worked serious interfer Officials for the coming year are: loan to farmers. The New York housing ence with the orderly and proper de President, John L. Bowers, Mandan law goes farther and allows exemption velopment of American cities adopted Abstract Co., Mandan; vice president, not alone of the bonds but says that by the directors of the National Asso Geo. B. Vermilya, McHenry County the municipalities may also exempt the ciation of Real Estate Boards, the Abstract Co., Towner; secretary-treas buildings constructed by the companies present case stated. urer, A. J. Arnot, Burleigh County operating under it from taxation. If Of interest in connection with the Abstract Co., Bismarck. all the lands on which the government decision of the supreme court, though • has loaned through the farm land bank not at all parallel with it in subject OHIO ASSOCIATION MEETS IN and the joint stock land banks- at matter, is a recent decision of the su CEDAR POINT. present about 500,000 loans for nearly preme court of Louisiana which has The 1!)26 convention of the Ohio $1,800,000,000-were a 1 s o exempt held as constitutional an ordinance of a howl Title Association was held in the from taxation there would go up the city of New Orleans providing for only usual and delightful place, Cedar that would shake the country. Not segregation of the residences of white that but every farmer would borrow and colored persons. The ordinance Point. tax Edwin H. Lindow, of Detroit, at money of the land banks to escape forbids the public authorities "from is exempt tended as the representative of the ation. Should the municipalities suing a building permit for the con tenements, stores American Association. from taxation all the struction of a residence for negro oc Officers elected for the coming year and other buildings under the class of cupancy in a 'white community,' or are: President, Theo. Kemp, Jr., New dwellings that are erected under the for a white person in a 'negro com ark, 0.; vice president, Carl H. Beck provisions of this new law in the state munity,' without the written consent man; secretary-treasurer, George N. of New York it is likely that we shall of a majority of the persons of the op Coffey, of the Wayne County Abstract see a rush to get in line and take ad posite race inhabiting that commun The ef Co., Wooster. vantage of the opportunity. ity." fect of every new issue of tax exempt The opinion of the United States securities and of every exemption of Supreme Court, upholding the validity property from taxation is to increase of private agreements of restriction the levy upon property that is not so on sale of property, was given in a favored. It will be interesting to see case involving property on S street, the outcome of this experiment which in the city of Washington, only a few adds a new complication to our tax blocks distant from the former resi situation and, if it becomes a popular dence of the late Woodrow Wilson, movement with states, its result will and from the home of Secretary Hoov be something to watch with concern." er and other notables. How the Case Began. A LAND PROBLEM SOLVED. Property owners in a certain sec tion of S street, the opinion stated, ex Restrictions Affecting Ownership Up ecuted ah indenture in 1921 binding held By Supreme Court. themselves not to sell, lease, or· give their property to negroes for at least Neighboring prop Property in White or Negro District twenty-one years. injunction May Be Restricted Against Sale erty owners secured an of the convey to a Person of Other Race. against completion ance. It was an appeal from this in Washington, June 5.-Private re junction which brought the case into strictions placed on residential proper the supreme court. ty by indentures or agreements, pro The opinion states: hibiting the sale or conveyance of the "The thirteenth amendment, de property to negroes, have been held nouncing slavery and involuntary serv valid by the United States Supreme itude, that is, a condition of enforced Court in a decision which will be of compulsory service of one to another, great importance to realtors as well does not in other matters protect the as to property owners in every city of individual right of persons of the ne the country. gro race. The prohibitions of the Contention that such contracts vio fourteenth amendment have reference • late the fifth, thirteenth and four to state action and not that of private teenth constitutional amendments is individuals." GEORGE N. COFFEY, "entirely lacking in substance or color The fifth amendment is a limitation Wooster. of merit,'' the opinion states. only upon the powers of the general Elected Secretary of the Ohio Title The covenant in the case in ques government and is not directed against Association. tion, the court held, was valid, and did the action of individuals, the court not invade the constitutional rights of held. A DANGEROUS ELEMENT IN NA negroes, inasmuch as they had the right to enter into similar agreements TIONAL FINANCE. It's tough to be in a crowd of mah the recently-enacted to keep white persons or other persons, In discussing Jongg and radio fans when you under law the Financial deemed undesirable, out of colored New York housing stand only English. Incidentally that's of New York City, by its Con neighborhoods. The decision thus ex World the only place a golf bug can be out tributing Editor, C. M. Harger, in com tends the question beyond a mere dis distanced. menting on real estate securities, says: tinction on a basis of color, and up- 14 TITLE NEWS Compiled from Recent LAW QUESTIONS Court Decisions by AND THE McCUNE GILL, COURTS' ANSWERS Vice-President and Attorney Title Guaranty Trust Co., St. Louis, Mo. Can an oral contract to con Can the holder vey of bond coupons lands, by foster parents, be payable at a bank compel it to enforced? pay if the coupons are Yes. Rooney v. McDermott lost? (Kansas, June 2, 1926). No. Erb v. Dinapoli, May 25, 1926 (New York). Are restrictions against ne Where mining groes lease grants valid under the Constitu right to construct shaft, does this • tion? give right to hoist coal mined on Held valid by the Supreme Court of the United States. other land? This was an agreement between several owners in Wash No. Moore v. Lackey (Kentucky), ington, D. C., that their land should not be used or occu June 8, 1926. pied by, or sold, leased, or given to, negrocs. Carrigan v. Buckley (May 28, 1926) . Is a living trust subject to ------Federal Estate Tax? What is the effect of omitting Not subject as to income payable to persons other than the husband's !he settler; doubtful as to income payable to the settler. name from the Arnold body of a mortgage by husband v. U. S., Court of Claims, June 14, 1926. Bradley v. Nichols, U. S. Dist. Court (Massachusetts) June 23 and wife? 1926. ' ' It makes the mortgage void even though they signed and acknowledged it. Duncan v. Jenkins (Kentucky, May 26, Is 1926). a trust to terminate in ten years or upon previous marriage, Are absentee administration valid in a "life but not years" laws constitutional? perpetuity state? The trust is void. The recent act of Michigan (1925) as to persons Markert v. Solomon June 25, 1926 absent (New York). ' seven years was held constitutional. Walz v. Dawson, June 7, 1926 (Michigan). ------A re'Yfl,ainder is "to be equally A devise is to the wife "to be divided between the living heirs hers forever. At her death to of my brothers and sisters"; brothers"; is the executory de should division be per capita or vise to brother good? per stirpes? Held void in Ohio on the theory that a fee cannot be Per capita. Driskill v. Carwile, June 26, 1926 (Virginia). cut down. Stophlet v. Stophlet, June 2, 1926. Which is superior-a sale un A devise is to a person with der the U. S. townsite act, or a power of disposal (except by previous settlement with inten will), and if not disposed of, to tion to homestead the land? others; is the gift over good? The homestead settlement is superior. U. S. v. Norton, U. Held void in New Jersey because the first taker was held S. Dist. Ct. (Florida) June 28, 1926. to have a fee simple. Gaston v. Ford, June 8, 1926. Is a bro leer entitled to his com Is a State tax upon mining roy mission where the sale is defeated alties constitutional? by building restrictions? Yes. Lake v. Lord, Supreme Court of U. S. (from Min The broker gets his commission if he did not know of the nesota), June 7, 1926. restrictions. Lewis v. Spitznaugle (Ohio), June 26, 1926. Can a conveyance in trust that Can a contingent executory de is testamentary in character, be vise be conveyed by quit claim probated as a will? deed? Yes. If it is properly witnessed. Merrill v. Boal (Rhode Yes. Platt v. Woodland (Kansas), July 6, 1926. Island, May 8, 1926). ------Is a verbal authority to fill in ! s a mechanic's lien superior to name of grantee good? • a purchase money mortgage? Yes. Corporation v. Lange (New York), June 28, 1926. Lien held superior, even though materials were ordered by purchaser before deed to him was executed, where seller Can a Probate sale be had to did not object to work, and building was completed before pay taxes accruing after death, or date of deed and mortgage. Diamond v. Elberta (May 22, 1926, Ohio). funeral expenses of widow? No. Sale is void, because such sale can only be had to ls a real estate pa¥ debts of the decedent existing at the time of his death. broker's licens Wise v. Wedlake (New York), July ing law constitutional which pro 6, 1926. vides that an unlicensed broker Does overdue interest on mort cannot collect a commission? gage charge assignee ·with equi Yes. May 25, 1926 (New York) (where broker did not ties between original renew his license). parties? No. Hence where maker pays the original payee with- 15 TITLE NEWS on notes, he need not ag3:in tract enforce it? out having payments endorsed and assigns"; otherwise only who holds the notes as collateral. Kreitz He can if it runs to "heirs pay the assignee mortgage is to be given. Harney v. Hell v. Bank, June 29, 1926 (Ohio). where no return gren, July 26, 1926 (Illinois). trust subject to Fed ------Is a living Does ante nuptial contract pre eral Estate Tax? vent revocation of will by mar Not if irrevocable nor in actual contemplation of death, though it is in trust to pay income to settlor for life riage? even 1926, provides. Clevenger v. and then to vest in children. Miller v. U. S., June 14, No. Will is void if statute so U. S. Court of Claims, June 14, 1926. Stewart, July 17, 1926 (Kentucky). Is a contract by heirs with tes Is a remainder to life tenant's tator, not to contest the will, "heirs of body" vested or contin valid? gent? . North Carolina. Williams Yes. It is not against public policy. In re will of Cook, Contingent; but held vested in July 12, 1926 (New York). v. Sasser, 132 S. E. 278. ------Can one tenant by the entirety Is a remainder to testator's execute a valid lease? "heirs" vested or contingent? New York. In re Bishop's that he can in Pennsylvania. Gasner v. Pierce, Vested; but held contingent in Held 237. June 26, 1926. Estate, 215 N. Y. S. Is a mortgage of a fruit crov Can an adoption be attacked by recorded in the personal property other heirs of adoptive father af 1·ecords, notice to a purchaser of ter his death? in North Carolina; no in Georgia. Truelove v. Par the land? Yes E. 639. mort ker, 132 S. E. 295. Harper v. Lindfay, 132 S. No. And hence he takes the crop free from the July 8, 1926. gage. N ichol son v. Bank (Oklahoma), Is payment of taxes considered Does suit to quiet title affect un possession against one in actual adverse occupancy? born children's rights? of The doctrine of virtual rep No. Not rossessic n, even in a State where a payment Held not affected in Indiana. years, under color, gives not applying to rights under deed. Bearss v. taxes on uninclosed land for seven resentation v. Lawrence, 204 S. W. 755 (Arkansas). Corbee, July 8, 1926. title. Harges ------give a trustee Can a future estate be created Can a testator or sup power to execute a lease extend without an intervening beyond the trust? porting particular estate? ing 151 N. E. 649 (Ohio). and a privilege to renew after th~ termination of Yes. Heath v. City, Yes; 1926 v. Price, 149 N. E. 427 (Illinois). the trust is also valid. Reynolds v. Brownmg, July 6, No. Legout (New York). Is title good from a son who Does a wife have power in an holds under devise "to him and equitable interest? his children"? sister held title in her name, in Alabama where son had no children at testator's Yes. As where husband's It is estate belonging to husband. Byrnes v. Owen, death because the Rule in Wild's Case makes this an the property really simple in the 1926 (New York); but held C?ntrary where hus tail, ~hich is converted by statute into fee July 19, N. W. So. 838. band and wife lived apart. Nash v. Kirschoff, 208 first taker. Gilchrist v. Butler, 107 193 (Minnesota). A purchaser takes a deed from Does a bankrupt's trustee take the husband alone, and afterward a contingent remainder? gets deed from wife "in release where remainder was to chil~ren living at life of dower"; is this good? Yes. As Phillips v. Smith, death, the remainderman becommg bankrupt J:?ec. Void if the property was the homestead, tenant's Reilly 10, 1923, and the life tenant dying Dec. 28, 1925. 107 So. 841 (Alabama). v. McKenzie, July 27, 1926 (Maryland). ------Is abstractor liable for incor Is a devise to a hospital good? rectl11 stating date of expiration Not in Pennsylvania if will was executed less than thirty of timber contract in habendum? days before death. Moore v. Gilbert, June 26, 1926. Yes. Lee v. Hetherwick, 107 So. 772 (Louisiana). Can an executed duplicate will Does a zoning ordinance annul be probated? previous deed restrictions? it is shown that the original was not rev.oked 208 N. W. 252 (Wisconsin). Not unless . No. Kramer v. Nelson, or destroyed. In re Bates, June 26, 1926 (Pennsylvania) crops pass under • sell Do growing Does power in trustees to deed? give power to sell to divide trust As between vendor and vendee where crop~ are not Yes. . fund? . . reserved. W eyranch v. Johnson, 208 N. W. 706 (Iowa) As where the share of child reachm~ certam age Yes. 29, is "to be paid over" to him. Zandor.f v. Sfmth, June Does a quitclaim deed pass pres 1926 (New York). ent title the same as a warranty Legislature cur deed? Is an Act of Yes. McDonald v. Dabney, 132 S. E. 547 (Georgia). ing defects in tax sales valid? Because the legislature ~an cure th.e non-obse;rv Is approval necessary of ad Yes. with. ance of any requirement that it might have dispensed ministrator's sale under order of Daly v. Fisk (Cennecticut), July 19, 1926. court? Gaal, 282 S, W. 298 (Texas). Can an assignee of a sales con- Yes. James v. 16 TITLE NEWS TITLE NEWS 0 P u bli• hed M onth ly tu OHicial Publica tion o f ~I, ";RICE ° I; PEA:UT ;ALES;ANS;IP" The American Title Association CUTT~NG ~ The price cutter is worse than a P rinted ill criminal. He is a fool. He not only by Kahle Brothers Company. Pub 1EJ pulls down the standing of his goods; he not ~ lication office, 404 N. Wesley Ave., only pulls down his competi- ill Mount Morris, Ill. ;~r~h~;h p~l~i~:ff ~~~~e~;tnd his whole trade. He scuttles the ship IE! EDITOR ill Nothing is so easy as to cut prices; and nothing is so hard as to get Richard B. Hall...... - ...... Kansas City, Mo. ~ ~ IE! them back when once they have been Title & Trust Bldg. pulled down. ill Any child can throw a glass of water on the floor, but the wisest IE! scientist Subscription price $2.00 per year. in the world can't pick up that water! ~ Entered as second class matter December Who gets the benefit of price-cutting? NOBODY! 26, 1921. at the post I office at Mount Morris, 1EJ~ The rp.an who sells makes Illinois, under the Act of March no net profit; the man who buys soon S, 1879. finds himself getting an· inferior article. Address all communications relative to this IE! publication or matters No contained therein to producer can permanently keep up the standard of his good& ~ TH E AMERICAN TITLE ASSOCIATION if the price is persistently cut. Pretty soon he is compelled to give inferior Richard B. Hall. Executive Secretary IE!~ service and to cut down the wages of his workers. Title & Truet Bldg .• Kansas City, Mo. The man who cuts prices puts up the sign: "This way to the junk IE! heap." SEPTEMBER, ~ 1926. He admits his own failure as a salesman. He admits he has been IE! defeated I ~ according to the Marquis of Queensbury rules of business. He A TITLE admits he cannot win by fighting fair. He brands himself as a hitter- DEED IN POETRY. below-the-belt. A deed for the conveyance of a piece l!l If the business world were dominated by ~rice cutters, there would ~ o fland, and one of the great est legal ~ be no business at all. curiosities in the world, was drawn up IEI Price-cutting in fact is not business, any' more than small-pox is in 1881 by J. Henry Shaw, a lawyer at ealth. Beardstown, Illinois. The novelty doc m ument complies with every require l!l l!l ment of law', and has more than once L: l!l [;] l!l l!l l!l [;] l!l j been declared That the by a court in that state above deed and name were his "I make both ends meat," said the to be entirely valid. The deed follows: own, butcher. I, J. And Henry Shaw, the grantor herein, he stated, he sealed and delivered The tailor replied, "It suits me." Who lives at Beardstown, the county the same within; Voluntarily, freely and never would JUST WHY ONE EDITOR L E FT For seven hundred dollars to me paid claim today, TOWN. His homestead therein, but left all By Charles E. Wyman, do sell and Somebody sent the editor of the convey alone, Poketown Gazette a few bottles of Turned his Lot two (2) in Block forty, said county face to the street and his home brew. The same day he received and town, back to his home. for publication a wedding announce Where Illinois river flows placidly S. Emmons, Notary Public (Seal) ment and a notice of an auction sale. down; August l, 1881. Here are the results: And warrant the title forever and aye, Wm. Smith and Miss Lucy Ander Waiving homestead and mansion to THE BUSINESS BAROMETER. son were disposed of at public auction at my farm one mile both a good bye, "Business poor," said the beggar. east of a beautiful cluster of roses on her breast and two And pledging this deed is valid in law, Said the undertaker, "It's dead." white calves, before a background of I add here my signature, J. Henry "Falling off," said the riding school farm implements too numerous to men Shaw. (Seal) teacher. tion in the presence of about seventy July 25, 1881. The druggist-"It's vial," he said. guests including two milch cows, six "It's Not to be outdone in clever versifi all write with me," said the mules and one bob sled. cation, Sylvester Emmons, Notary author. Rev. Jackson tied the nuptial knot Public, added his official lines to the "Picking up," said the man of the with 200 feet of hay wire and the deed, as follows: dump. bridal couple left on one good John I, Sylvester Emmons, who lives at "My business is sound," quoth the Deere gang plow for an extended trip Beardstown, bandsman. with terms to suit purchasers. They A Notary Public of fame and renown, Said the athlete, "I'm kept on the will be at home to their friends with Of the County of Cass, in Illinois State, j\lmp." one good baby buggy and a few kitchen Do certify here that on the same date, The bottler declared "It was corking." utensils after ten months from date of One, J. Henry Shaw, to me did make The parson-"It's good," answered sale to responsible parties and some known, he. fifty chickens. • "Every man owes some of his time to the upbuilding of the industry or profession to which he belongs" Theodore RooJ"e(Jeft TITLE NEWS 17 The Sustaining Fund Membership Roll of The American Title Association for 1926 necessary funds to maintain and The Co n stitution and By Laws of the A ssocia tion pro11ide that in order to obtain the out the work effectively for which the Association was organized, and which is not possible operate the Association, and carry members support dues alone, that a ~· o luntary S ustaininu Fund be established and that from the source of membership in recognition of the be designated as Sustaining Fund Members and that they be given full credit therefor, inu said Fund to this fund for 1926. increased m easure of service thus ?· endered. The following is the list of those who pledged ALA BAMA FLORIDA DeSoto Abstract Co mpany...... Arcadia Alabama Title & Trust Co ...... Birmingham Co...... DeLand . ... Birmingham Vo lusia County Abst. E. P. Quigley ...... Lee Co. Bank Ti. & Trust Company...... Ft. Myers Etowah Abstract Co ...... Gadsden ...... Gainesville Mobile Alachua County Abst. Co...... ' Title Insurance Company ...... & Trust Co...... Miami ...... Troy Dade Co. Ti. Ins. Ballard Brothers ...... Florida Title Company...... Miami o...... Miami ARIZONA Florida Title Insurance C Guaranty Title Co...... Tampa 1 Coggins Title Company...... Phoenix Tampa Abst. & Title Ins. Co...... Tampa Phoenix Title & Trust Co ...... Phoenix Tuscon Title Insurance Co ...... Tuscon GEORGIA Security Title Company ...... Yuma Atlanta Title & Trust Co ...... Atlanta ARKANSAS IDAHO Augusta Title Company...... Augusta Lost River Title Co ...... Arco South Arkansas Abst. Co...... Camden Panhandle Abstract Co...... Coeur d' Alene Greer Abstract Company...... Fayetteville Clark Co. Abst. & Realty Co...... Dubois Guaranty Abstract & Title Ins. Co ...... ,. . .. Ft. Smith Gem County Abstract Co...... Emmett N. W. Denty...... Hope Comas Abstract Company...... Fairfield Arkansas Trust Company... .. Hot Springs Bonneville Abstract Co...... Idaho Falls Beach Abst. & Guar. Co...... Little Rock The Bonner County Abst. Co...... Sandpoint Little Rock Abst. & Guar. Co . . .. Little Rock Fremont Abstract Company...... St. Anthony Guaranty Abstract Company...... Marion Fidelity Title & Abst. Co...... Twin Falls J. L. Robertson...... Piggott Twin Falls Title & Abst. Co...... Twin Falls Scott County Abst. Loan & Ti. Co...... Waldron ILLINOIS CALIFORNIA St. Clair Co. Guar. & Title Co ...... Belleville The San Joaquin Abst. Co ...... Fresno McLean County Abstract Co...... Bloomington Kings Co. Abst. Co ...... Hansford Champaign Co. Abst. Co...... Champaign Lake Co. Title & Abst. Co ...... Lakeport Chicago Title & Trust Company...... Chicago Calif. Title Ins. Co ...... Los Angeles The Taylor Abstract Company...... Clinton Security Ti. Ins. & Guar. Co ...... Los Angeles H. C. Gerke...... Edwardsville Title Guar. & Trust Co ...... Los Angeles E. J . Tupper Company...... Galesburg Title Insurance & Trust Co ...... Los Angeles Kane County Abstract Company...... Geneva Contra Co sta Abst. & Title Co...... Martinez C. E. Joyner...... Harrisburg Richmond-Martinez Ab t. & Ti. Co ...... Martinez Montgomery County Abst. Co...... Hillsboro Napa County Title Co ...... Napa W. M. Fike...... Lewistown Alameda Co. Title Ins. Co ...... Oakland John G. Patton...... Macomb Oakland Title Ins. & Guar. Co ...... Oakland E . P. Easterday...... Mound City Plumas County Abst. Co ...... Quincy Charles D. Etnyre & Company...... Oregon Geo. H. Rice Abst. Co ...... Redwood City Leland & Wilson...... Ottawa Riverside Title Company.. ... River side Tjtle & Trust Company ...... Peoria Capitol City Title Company Sacramento Chas. II. Roe...... Pinckneyville Sacramento Abst. & Title Co...... Sacramento R. I. County Abst. & Ti. Guar. Co...... Rock Island Pioneer Title Insurance Co ..... Sa n Berna rdino The Sangamon County Abst. Co...... Springfield Southern Title Guaranty Company ...... San Diego DeKalb County Abst Co...... Sycamore Union Title Insurance Compa ny .... San Diego Security Title & Trust Co...... Waukegan California-Pacific Title Ins. Co ...... San Fra ncisco McHenry County Abstract Co...... Woodstock City Title Insurance Co ...... San Francisco San Francisco INDI ANA Title Insurance & Guar. Co .. ... Crown Point . .. San Francisco Lake Co. Ti. & Guar. Co ...... Western Title Insuranc Co ...... Frankfort Ins. C o...... San Jose Spahr-Morrison Abst. ompany... . San Jose Abst. & Title ...... Goshen County Abst. Co ...... San Rafael Indiana Abstract Company Marin stract Company...... Huntington Orange County Title Co ...... Santa Ana The Jones Ab .. Santa Cruz Starke County Abst. T. & Guar. Co ...... Knox Santa Cruz Land Title Co ...... Lafayette & Title Co ...... Stockton Bryan-Stallard Abstract Co ...... Stockton Abstract ...... :...... LaPorte Mendocino Co. Title Co ...... Ukiah W. II. Becher ...... LaPorte County Abst. Co...... LaPorte COLORADO Wheeler Abstract Company...... Michigan City Floyd County Abst. Co ...... New Albany Adams County Abst. Company ...... Brighton ...... Richmond ... Burlington The Wayne County Abst. Co...... The Kit Carson County Abst. Company Company...... Salem ...... Burlington Marks Abstract The Baker Abstract Company & Loan Company ...... South Bend ...... Castle Rock Indiana Title Douglas County Abst. Co Kosciusko Abst. & Title Guar. Co...... Warsaw Cheyenne County Abst. Co ...... Cheyenne Wells The Menke Abstract Company ...... Conejos IOWA Jefferson County Title Co ...... Denver Craig-Ray Abstract Company ...... Allison Landon Abstract Co ...... Denver Boone Co. Abst. & Loan Co...... Boone Title Guaranty Company...... Denver Linn County Abstract Co...... Cedar Rapids Morgan County Abstract Co ... Fort Morgan Chas. E. Moore...... Cherokee 'J.'he Weld Co. Abst. & Inv. Co ...... Greeley C. L. Clark...... Corydon Otero County Abstract Co ...... La Junta Davenport Abstract Co...... Davenport The Winchell Abstract Co ...... La Junta Des Moines Title Company...... Des Moines The Crowley County Abst. Co ...... Ordway Southern Surety Company...... Des Moines The Zimmerman Abstract Company .. Steamboat Springs Hardin County Abst. Co...... '...... Eldora F. J. Henderson Abstract Company ...... Sterling Winnebago County Abst. Co...... Forest City Trinidad Abst. & Title Co ...... Trinidad Chas. H. Rogers...... Grundy Center North Park Ab st. & Sec. Co ...... Walden Johnson Co. Abst. & Ti. Gual'. Co ...... Iowa City Yuma County Abstract Co ...... Wray Security Abstract Company ...... Iowa City Ralph B. Smith...... Keokuk DISTRICT OF COLUMBIA Plymouth County Abst. Co...... LeMars Washington Title Insurance Co ...... Washington Marshall Co. Abst. & Loan Co ...... Marshalltown Security Abstract Company ...... Mason City CONNECTICUT Madden & Madden...... Muscatine ...... Nevada Bridgeport Land & Title Co...... Bridgeport C. A. Batman ...... New Haven Sioux Abstract Company...... Orange City Clark, Hall & Peck ...... Oskaloosa Western Conn. Title & Mtg. Co ...... Stamford Johnson Abstract Company...... 18 TITLE NEWS IOWA-Continued MISSISSIPPI Fidelity Abstract Company...... Pocahontas M. P. Bouslog...... Gulfport Loomis Abstract Company...... ------·· ...... Red Oak Mississippi Abst. Ti. & Guar. Co...... Gulfport Engleson Abstract Company...... ·-- ...... Sioux City C. C. Sedgwick Abst. Company...... -·---·-··-··--·· Sioux City MISSOURI Talley-Harvey & Company ...... ------··· .... Sioux City Moore-Harris Abst. Co...... Benton Clay County Abstract Company...... Spencer Scott County Abst. Co ...... ·-·-·· ______Benton Spencer Loan & Abstract Co ...... ------...... Spencer Stoddard County Abst. Co ...... ·-····--·-----·------··--········- Bloomfield Carlton Abstract Company..... Spirit Lake Carl H. Mather...... ··------······ ······-·-···-·----···--·· ····················--···Tipton ~Y:~ ~avg;·;,:;~h~-;;::.- .-.-.-.-.-.-.-.-.-.-.··-::::.-.-.-.-.-.-.-.-.-.- ..-.-.-.-.-:::·::::::::.::·:.:::::. ~~~~b'1!J1 1 ~~~~~ Benson & Runkle...... Toledo St. Louis Co. Land Title Co ...... ···-·············-··-- Clayton Livingston & Eicher...... ____ ------··--······Washington The Trust Co. of St. Louis County ...... Clayton Washington Title & Guar. Co ...... ------·-··-· ··-···---···--- .. Washington Geo. S. Holliday...... ···--········--·-····Clinton ~ Sedgwick-Lichty Abstract Co ...... Waterloo Felix J. Parkin ...... ------··-·······-·-·--· ·------···--Fredericktown Wells Abstract Company...... Hannibal KANSAS Arthur Conger ...... ·-·······'--·-··------·--·-·············-·-·-········---··--·-Hanisonville W. G. Carson ...... ·--···-··------··-· ...... --····-·-- ··-···-···········-·····----Ashland Cole County Abst. Co ...... Jefferson City , L. D. Beil...... ············-·-·-· ...... Beloit Kansas City Title & Trust Co ...... ··················--··-···------Kansas City Ray H. Crumly ...... -----·--····-······---·····················Colby Missouri Abst. & Guar. Co ...... ·········-··-··-·········-·-··-··Kansas City Pearl Koontz Jeffrey ...... ·--- ___ ········--·---·---·-··· .... Columbus D. D. Hamilton ...... Marshfield Misell & Son...... ···--··--·-··-·-·--·-·····--· Concordia Reeves-Rardin Loan Company ...... Mi lan T. R. Wilson ...... Ellsworth Newton Co. Abst. & Title ...... ·--··-·····-·-···------··-·····-···-- Neosho t Greenwood Co. Abst. Company ...... Eureka Williams & Pottorf...... ----········-··-··-·-- ...... Nevada The Moore Abst. & Title Co...... Eureka Will G. Finks ...... '·························-----'-----··-· ...... Fredonia ~Lr~~cf ~h~:~by ::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .. ::::::::: -Pi~t~rc;~~ Chan. B. Campbell & Son ...... Garden City The Landmann Abst. & Title Co ...... Sedalia The Crawford County Abst. Co ...... Girard Lawson-Gibbs Title Company...... _____ .. Springfield Montgomery County Abst. Co...... Independence Emmons Abstract Company ...... ·----····-··-····---·-····-·------·------St. Charles Security Abstract Company..... Independence V. V. HalL...... ·-···-···········---···--·------·------St. Joseph Cragum Abstract Company...... -··----··········· ...... Kingman St. Louis Title Company.... -····-·······-···········-·-···-· ----··--- St. Louis Geo. C. Weber...... LeCrosse Edward G. Schall...... ----·---···-···· ----·---····- St. Louis R. E. Taylor...... --·------·····--···--···-··-······· ...... Larned Title Guaranty & Trust Co...... ---·------St. Louis John Q. Emick...... -·····-·---···· ·-·-·-·-···-·······-···-······ ······· ...... Lawrence Kellett-Landis Abstract Company...... ______West Plains Harold C. Short ...... -·- Leavenworth Robert B. Spilman...... Manhattan MONTANA H. Illewelyn Jones ...... ----·-··········· ------······ _ ...... Meade Baker Abstract & Title Servicc ...... Baker Grant Mitchell...... -···-··-----····· ...... Newton Benton & Hopkins ...... Oberlin &~\\~ti~bc~~ac;{bs~1?a~fac~:.·_·_-_·.·.· .-_-.-.-.·_-_- .-.·.-_-.-.·.-_-.·.·_-_-.-. ·.·.·.·.-.-.-.·-·.·.-.·.·.·.·.·_-.-.-.-.-.-.:·.-.·.·.-.-. :-. ·i3~~!~~!~ Amos H. Leach ...... -·····-· ...... Oskaloosa McCone County Abst. Co ...... Circle J. E. Shinn ...... ------·-······------·--······· ...... Ottawa Pondera County Abst. Co ...... Conrad C. A. Wilkin & Company·--··············-·--··················------········ .... Parsons Glacier County Abst. Co...... Cut Bank 1 1 Northwestern Title Co ...... Forsyth g: ~- Pi;~~ -- Ab~t·;.~~;: ·· c;~: :::::::::.:::.::.:::::::::.:::·::::::::::::: ~~ ~ s-~. . ... ~~~1i~~ Rosebud Abstract Company ...... Forsyth Salina County Abstract Company ...... Salina Montana Loan & Title Co ...... Glendive Jas. S. Patrick ...... ·-·-----·--···-··-······---··-·· ...... Satanta Hill County Abstract Co ...... ·-·---··----·-··········-···········Havre Leo. T. Gibbens...... ····------··--··· Scott City C. M. KellY·············--·····-·····················--··--·-···---·-···········--·-···-·Lewistown C. M. Williams...... Sedan Custer Abstract Company...... Miles City Topeka Title & Bond Company.····-·························--·- ··- ...... Topeka Musselshell Co. Abst. & Title Co ...... Roundup Sumner Co unty Abstract Company...... Wellington Toole County Abst. Co...... Shelby The Rogers Abstract & Title Co ...... --·-·---····· ..... Wellington NEBRASKA Guarantee Title & Trust Company ...... ···-·--··--·-··· ..... Wichita Home Mortgage Title & Trust Co...... Wichita W. H. Davis ...... ·------··········································Beatrice Barbour-Collinson Abstract Co...... Winfield ~mA._A.Y:0%~~ ·.::.·.:·.·. ·. ·...... -.--·- .. -.. -.·.·.·.·.·.·.·.·.. :.-.·_-_-_·.-.·_-_-_-_--__ -._-_-_-_-_-_-_-_-_-· __-_-_ ~ _1.~_o.~~I'!~~~ KENTUCKY J . F. Hanson & Co ...... Fremont Louisville Title Company ...... ············-···········-·········:·············Louisvil1e ~~:;esr CC~~;ry A!b~·t. C~·~ .-.-.-.-.-.-.-_-_-_-_-_-_-_-_-_-_-_-_-_--__-_-_-_-_-_-_-_-_-_-_-.-.-.-.- . .-.-.. .-.-.-_-_-_-_-_-_-_-_-_-_-.-.~~~~~;~ LOUISIANA Bienville Abstract Company...... Arcadia ~-- ~- ~i~~:Ia . ~... ~~ .~. ·.-.:·.::·.·.·.-.·. :·.·.·.-.-.·.:·.·.·.·.·.·. ..-.-.-.-.-.·.·.-.:·.·_-_--.-.-.·.·.-.·.-.-.·.···.-.-.-.-.·.-.-.-.---.-.- ?t:::~:~ Bossir Abst. & Title Co. Inc...... Benton Frank Suddoth...... Crowley i~~n;1· H~dg~ .~ .~~~.. ..~~ :::::::::::::::::::::::::::::::::::::::::::::::: ::::: :::::::::: ~. et:~~~~ . C. A. McKisson ...... ·············-···············-······················ ...... Gretna John E. Kelley & Son ...... -----·-·····-·····-···--··-···-······· ····--·--··--··McCook Ouchi ta Abst. & Title Guar. Co ...... Monroe John W. Lamson...... ---·-----·-·-··-·····---·-·······-······-··········-·····Neligh Union Title Guaranty Co .. Inc ...... New Orleans Midland Title Guar. & Abst. Co ...... Omaha Capron Agency ...... ~ ...... Ord MARYLAND Seward County Abstract Co ...... ·-···--·······-·········-······--··········-·-·Seward The Maryland Title Guarantee Co.·--·--·-···-·········--···-···-······-Baltimore Jay C. Moore ...... ---·-··-··-···-·-···-······-·········-- ..... Tecumseh MICHIGAN NEVADA Lake County Abstract Co ...... Baldwin Title & Trust Company of Nevada ...... Las Vegas Ealy & Company...... --··-····------Caro NEW JERSEY Northern Title & Trust Co ..... ···-·-·------·- .. ·---··-·····-···- ...... Bay City Asbury Park Trust Co ...... Eaton County Abst. Co...... Asbury Park ...... Charlotte Chelsa Title & Guar. Co ...... Atlantic City Union Title & Guaranty Co ...... ···------·--·-· ...... Detroit Gladwin County Abst. Co...... Land Title Guar. Co. of N. J··--··---····-·-···------··---·-···-·-·· ...... Camden ...... Gladwin West Jersey Title Co...... Camden Turner Abstract Company...... Grand Haven Guar. Bond & Mortgage Company...... Monmouth Title Company ...... ·------·-··-·-··------····-······-··-·-·--····Freehold ...... Grand Rapids Fidelity Union Ti. & Mtg. Gur. Co ...... Newark The Gratiot County Abstract Co· ------· ····. . ______··-··---··---· Ithaca Geo. E. Luther...... Ocean City Title & Trust Co ...... ·---·----·-·--··--··-····-Ocean City ...... Jackson Fidelity Title & Mtg. Co ...... Title Bond & Mortgage Company...... Kalamazoo ...... Ridgewood Ocean County Title Company...... Toms River Sibben Abstract Company·-- --··············--·---··...... Manistee Edmund Ashford...... Manistique NEW MEXICO Monroe County Abstract Co ...... ---···-·-·- ······--· __ ----· _·---· .. Monroe The Sout Muskegon Trust Company hwestern Abst. & Title Co ...... -·······--···----Las Cruces ...... Muskegon The E. G. Twitty Abst. Co...... Berrien County Abst. Co...... Raton ...... St. Joseph Avery-Bowman Company...... ___ Santa Fe John W. Stradley...... -·------..... Sault Ste Marie C. C. Mello ...... ---············-----·--- __ Traverse City NEW YORK MINNESOTA F. M. Hosmer ...... --······················ ············ ...... _...... Auburn Home Title Insurance Co ...... ·····--- ...... Brooklyn Aitkin Co unty Abst. Co ..... -----··-··············· ······ ...... ___ Aitkin Elwood Roberts ...... ·------·-····-··-··- _---·--·-···· Goshen Freeborn Co unty Abst. Company .... ---···· ... ·---...... Albert Lea Chautauqua Abstract Company...... Mayville The Consolidated Abst. Co...... Duluth Orange & Rockland Title & Mtg. Guar. Co ...... --·-···---·-----···· Monroe Pryor Abstract Company...... Duluth Lawyers Title & Guara nty Co...... New York Sity Blue Earth Co. Abstract Co .. _ ····· -- ___ ····-·---·-- .. Mankato New York Title & Mortgage Co...... New York City Real Estate Title Insurance Co. .. .. Minneapolis Title Guarantee & Trust Co...... New York City A. W. Thompson ... ·- ··- ··-·-··----······-···------___ ...... --·--- ...... Preston Abstract Guarantee Company...... Rochester Watonwan County Abst. Co...... St. James Mohawk Abstract Corp...... Schenectady The St. Paul Abstract Co...... St. Paul Butler, Kilmer, Hoey & Butler...... Saratoga Springs Marshall County Abstract Co .. ····-·---····· ...... Warren Central New York Abst. & Title Co...... Utica Winona County Abst. Co ...... -··-·- .... Winona Westchester Title & Trust Co ...... ··-·-··- ____ ...... White Plains T I TLE NEWS 19 The West Philadelphia Ti. & Tr. Co ...... Philadelphia NORTH DAKOTA h ...... Ashley Potter Title & Trust Company...... Pittsburg M. J. Ruemmele ...... Pittsburgh 'l'he Abstract & Title Co...... Beach The Title Guaranty Company ...... Burleigh County Abst. Co ...... Bismarck RHODE ISLAND Bottineau County Abst. Co ...... Bottineau Title Guar. Co. of R. !...... Providence Bowman Co. Abst. Co ...... Bowman G. D. Stout...... Ellendale SOUTH DAKOTA Northern Abstract Co ...... Fargo Carson County Land ·& Ti. Co ...... Mcintosh Sargent Co. Abst. & Title Guar. Co ...... Forman Dakota Ti. & Inv. Co. Inc ...... Rapid City Truemann Abst. Company ...... : ...... Grafton Southwick Abstract Company ...... Watertown The H. Bendeke Co ...... Grand Forks C. D. Kelly ...... Hillsboro TENNESSEE The Butler Company ...... Lisbon Title Guarantee Trust Company ...... Nashville The Mandan Abstract Company ...... Mandan Title Guaranty & Trust Company ...... Chattanooga The Abstract & Title Co ...... Schafer Mountrail Co. Abst. Co ...... Stanley TEXAS Security Abst. & Title Co...... Stanley Guaranty Abst. & Title Co ...... Amarillo \ Mercer County Abst. Company...... Stanton Archer County Abst. Co...... Archer City Williams County Abst. Co ...... Williston Guarantee Abstract Co ...... Archer City Jefferson County Abst. Co...... Beaumont OHIO C. R. Rambo ...... Brownfield & Tr. Co ...... Akron The Colorado Co. Abst. Co. Inc ...... Columbus The Bankers Guar. Title ...... Corpus Christi W. El. Peters ...... Athens Guaranty Title Company...... , ...... Cincinnati Guar. Abst. & Title Company...... Crosbytown Title Guar. & Trust Co ...... Cuero The Cuyahoga Abst. Ti. & Tr. Co ...... Cleveland W. R. Garrett...... Cleveland Pioneer Abst. & Guar. Title Co ...... El Paso The Guar. Title & Trust Co ...... Fort Worth & Trust Co ...... Cleveland Home Abstract ompany ...... The Land Title Abst...... Franklin Thraves Abst. & Title Co ...... Fremont Love Abstract Company ...... Jefferson Guarantee Abstract Company ...... Georgetown G. W. Cornell Abstract Company George West Adele M. Kagay ...... Marysville Live Oak Co. Title Company ...... Painesville The Kincy Abstract Company ...... Greenville John H. Green...... Hemphill The Real Estate Abstract Co ...... Toledo W. F. Goodrich Abst. Co ...... Toledo Eastland Title Guar. Company ...... Hillsboro The Title Guar. & Trust Co ...... Houston st. Co ...... Warren Houston Abstract Company ...... Trumbell County Ab ...... Houston The Warren Gtd. Title & Mtg. Co ...... Warren Hou ton Title Guar. Company Stewart Title Guar. Co ...... Houston OKLAHOMA Texas Abstract Company ...... Houston Lacey-Pioneer Abst. Co ...... Anadarko Standard Abstract Company ...... Lubbock Washington County Abst. Co ...... Bartlesville Wilson Abstract Company ...... Lubbock ...... Boise City Marshall Abstract & Title Co ...... Marshall Boise City Abst. Office...... ue Co ...... Chandler Montague County Abst. Co ...... Montag Abstract & Guaranty ...... Panhandle Lincoln County Abst. Co ...... Chandler O'Neal Abstract Company ...... Cheyenne Port Arthur Abst. Company ...... Port Arthur Slief-Vaughn Abst. Co ...... Post Johnston Abst. & Loan Co ...... Claremore Chas. L. Pickett ...... Claremore Cherokee County Abst. Co ...... Rusk Rogers Co. Abst. Co ... San Antonio Duncan Abstract Co ...... Duncan San Antonio Abst. & Title Co...... Durant Texas Title Guaranty Company ...... San Antonio Bryan County Abst. Co ...... Seguin El Reno Abstract Co ...... El Reno Donegan Abstract Company ...... Co ...... Holdenville Pioneer Abstract Company...... Tahoka The Hughes County Abst. .Texarkana Oklahoma Abstract Company ...... Lawton Texarkana Abstract Company ...... Miami Dilworth Abstract Company ...... Waco Photo Abstract Company Wichita Falls Guaranty Trust Company ...... Muskogee Guar. Abstract & Title Co ...... Albright Title & Inv. Co ...... Newkirk UTAH Security Ab st. Company ...... Newkirk Fred C. Bush ...... Salt Lake City Title Abstract Company ...... Nowata American National Company ...... Oklahoma City VIRGINIA Okemah Abst. & Title Co...... Okemah T~e Title Ins. Co. of Richmond ...... RJchmond Guinanty Abst. Company ...... , ...... Pauls Valley Title Guar. Tr. & Savings Bank...... Roanoke Osage County Abst. Company...... Pawhuska Poteau Abstract Company ...... Poteau WASHINGTON The Creek County Abst. Co...... Sapulpa Whatcom Co. Abst. Co ...... Bellingham The Lafe-Speer Abstract Company ...... : ...... Sapulpa Portland Orchard Abstract Company ...... Bremerton Sater Abst. & Loan Co...... Stillwater Kittitas County Abstract Company ...... Ellensburg Sayre Abst. Title & Gty. Co...... Sayre Grant County Title Abst. Co ...... Ephrata Sulphur Abst. & Title Company ...... Sulphur Thurston County Abstract Company ...... Olympia 'l'he Cherokee Capitol Abst. Co...... Tahlequah Garfield County Abst. Co ...... Pomeroy Title Guaranty & Trust Company ...... Tulsa Washington Title Ins. Company ...... Seattle Guaranty Abstract Company...... Wagoner Mason County Abst. & Title Co ...... Shelton Cotton County Abstract Company ...... Walters Northwestern Title Ins. Co ...... Spokane Wagoner County Abst. Co...... Wagoner Clarke County Abstract Co ...... Vancouver The Dean-McLean Abst. Company ...... Walla Walla OREGON Chelan County Abstract Co ...... Wenatchee The Bowers Abstract Company...... Baker Yakima Abstract & Title ompany ...... Yakima Wilson Abstract Company ...... Klamath Falls & Title Company ...... LaGrande WISCONSIN The Abstract ...... Barron Jackson County Abstract Co ...... Medford Barron County Abst. Co ...... Abstract Company...... Pendleton Lafayette County Abst. Office ...... Darlington Hartman ...... Elkhorn Title & Trust Company...... Portland Walworth County Abst. Co...... Portland Rusk County Abst. Co ...... Ladysmith Union Abstract Company Milwaukee Columbia County Abstract Co ...... St. Helens Citizens Abst. & Title Co...... Millwaukee Title Guar. & Abst. Co ...... Milwaukee PENNSYLVANIA Security Abst. & Title Co...... Milwaukee Merion Title & Trust Company ...... Ardmore Oneida County Land & Abst. Co...... Rhinelander Delaware County Trust Company...... Chester Door County Abstract Co ...... Sturgeon Bay The Industrial Trust, Ti. & Sav. Company .... Philadelphia First Bond & Mortgage Company...... Wisconsin Rapids Ninth Bank & Trust Company ...... Philadelphia WYOMING North Philadelphia Trust Co ...... Philadelphia Peoples Bank & Trust Company .. Philadelphia Natrona County Abst. & Loan Co...... Ca per Chelton Trust Company ...... Germantown Security Trust & Title Company...... Sundance The Land T itle & Trust Co ...... Philadelphia Go shen County Abst. & Title Co...... Torrington The Article on "LIABILITY OF AnsTRACTERS" by V. E. PHILLIP , app ~ aring in this number of TnLE ~EWS will be re-printed in pamphlet form . Copies can be s3cured by writing Executive Seer tary, stating quantity desired. 20 TITLE NEWS is required that a notice shall be pub lished in some newspaper for a certain Abstracts of Land Titles-Their Use and number of consecutive weeks notifying everyone that he has died, that Richard Preparation Roe was appointed administrator by This is the twenty-first of a series of articles or co11rus of instruction on the use letters issued on June 5, 1924, and and preparation of abstracts that all claims must. be presented within one year (or whatever the statutory period is) or be forever The first kind of probate court case stances as to death and heirship of barred. that we will consider for abstracting is John Doe as mentioned in Affidavit of Proof of this publication will be that of th·e plain administration or in Death and also saying that he left an shown in the usual manner of abstract testate estate. This is the most com estate of real and personal property ing the printer's affidavit and showing / mon and is also the simplest. It has in the estimated value of $25,000.00 the notice in full. The affidavit can two classes. One is where it is just and asks that Richard Roe be appointed be abstracted as follows: Proof of Pub used for showing heirship and settle administrator, in order that the same fication in the Rootstown Herald, as ment of estate-as evidence that the may be preserved and administered." per the affidavit of William Johnson, grantors we;re the heirs. This is where If no Affidavit of Death is filed, then publisher, stating that said publication a conveyance has been made by the copy this Petition in full. is a weekly newspaper published in heirs and after the period of adminis Next will come an Order of Court Johnson County, Mo., and has been un tration has elapsed and the land re Granting Letters. After the hearing interruptedly and continuously publish verted to the heirs with the danger of has been had, the court will issue an ed in said county for a period of more debts of the estate passed because of order for the probating of the estate, than 52 consecutive weeks prior to the lapse of time required by statute and decreeing that Richard Roe be first publication of this notice. That for their being presented. Land will appointed Administrator, but that be said notice was published for three con sometimes be sold too before this fore letters shall be issued, he shall secutive weeks, first publication, June period has elapsed and as much of the furnish bond in the sum of a certain 16, 1924, last publication June 30, proceedings as have been filed will amount, which when approved, letters 1924. The printed notice attached is as also be shown for the purpose of estab will be issued and he empowered to follows:" and the notice will be copied. lishing the heirship as far as they will administer the estate. Then remains the period for admin show, but the purchaser in such cases Show this order as follows "Order istration. No real estate will probably usually knows the estate is solvent, has of the Court Granting Letters of Ad be sold during that time if the estate a bond from the heirs who are respon ministration, issued June 4, 1924, is solvent and there is enough personal sible parties, or they furnish a surety wherein the court orders that the es property on hand to pay debts. The bond protecting him. Few sales are tate be admitted to probate, and that real estate will be held intact and the made by the heirs before the statu Richard Roe be appointed Adminis heirs can sell it together to someone tory period however, unless real estate trator with all powers and authority else or to themselves afterwards. must be sold to pay debts and that to act a &u ch, upon his furnishing An open estate has a hard time sel brings us to the second class of the bond in the s um of $25,000.00." ling real estate just to be against loss intestate estate-where there is a sale Next will be the showing as to the and they therefore drift until time to of real estate. bond and this will be said as follows: close them. In such a case all the proceedings "Bond in the sum of $25,000.00 filed, Annual accounts are filed but thev as far as they have gone will be shown June 4, 1924, shows Richard Roe as can be disregarded by the abstracte;, to establish facts as to the death, heir Principal, and the Responsible Surety except the final account. ship, etc. and then the special sale pro Co. as surety." This is the beginning of the wind ceedings. The court must approve the bond, up, and the Administrator will file it, and the next notation will be: "Ap showing the balance on hand. The ab The Closed Intestate Estate for Evi proval of Bond, June 4, 1924, by the stracter should dencing Heirship. show this as "Final Court, by John Smith, Probate Judge." Account Filed, June 5, 1926, showing Facts as to the death and a petition Since the issuance of letters was con balance on hand of $1,200.00." for appointment of an administrator ditioned upon the filing of a satisfac Following this the administrator will are filed. If a separate Affidavit of tory bond and the same has been fur petition for his discharge and this can Death is filed, copy it in full for it nished, the court will now issue the be abstracted as follows: "Petition for states that the deceased died on a letters. The court will first issue an Final Settlement of Estate, Discharge certain date, at such a place, leaving order and this will be briefly stated as of Administrator and his Bondsmen as heirs certain parties, and an estate "Order of the Court, June 5, 1924, and Order of Final Distribution and consisting of real and personal prop wherein it is ordered that letters of Adjudication of Heirs, filed, June 5, erty or only one of the two. This Administration be issued to Richard 1926, wherein the Administrator states makes a pretty good proof of heirship Roe, as administrator of the Estate of that he has fully and completely ad in itself. This Affidavit should be John Doe." ministered the estate and same should copied in full. The Letters of Administration will be closed; that he has filed his final Next comes the petition for Letters follow and should be copied in full. account showing balance of $1,200.00 of Administration. It usually con After the appointment of the Ad on hand; that an order of distribution tains the additional information how ministrator to look after the estate, he of this among the heir!> should be ' e.ver, that deceased left an estate con takes an oath to fairly and impartially made; that he should be discharged sisting of real and personal property perform his office. A scant statement and his bondsmen released and that in the amount of $...... and that of this can be made by saying "Oath the court make an order finding and " it is necessary that an administrator of administrator, June 5, 1924, before adjudging the heirs of the estate." be appointed to properly care for and John Smith, Probate Judge." The court will then make an order preserve said estate. It also suggests The laws of most states provide that for a hearing of this petition and no that some· certain party be appointed a period of from one to three or even tice is required so that all concerned as such administrator. more years can go on for the period can know it. This should be shown as If both an Affidavit of Death and of administration but that all claims follows: "Order of Court, June 5, 1926, Petition for Letters of Administration against the estate must be presented wherein the court orders that notice are filed, then this Petition need only within that time or be forever barred. of hearing of said petition be had on be abstracted, by saying: "Petition for Notice should therefore be given that June 30, 1926, and that said adminis Letters of Administration filed, ...... , John Doe is dead and that his estate trator publish notice of same in some setting forth same facts and circum- is in the process of administration. It newspaper of general circulation for a TITLE NEWS 21 period of three consecutive weeks." that will be filed by abstracting the able Surety Co. as surety. Make nota A notice of this hearing will then printer's affidavit as shown above, and tion as to approval by court. be published and this should be shown copying the notice in full. The sale will then be had and the make the sale, and as described for the notice of the ap If by· service, then abstract the re Administrator will when and pointment, by abstracting the printer's turn showing the manner of service. file a report of it, stating as formerly shown and show where it was sold, to whom, and the affidavit After the hearing to sell, the court a copy of the printed notice. price or consideration. ing will issue an Order of Sale command Then will come the last step and The court will approve the sale and ing the real estate be sold at either courts make this a single com the proceedings had thereunder, and most private or public sale, for a certain plete order by approving the adminis order a deed issued to the purchaser. percentage of the appraised valuation, tration, the final account ordering that An administrator's deed will follow, after being appraised by a number of the fonds on hand be distributed, that and that muniment usually has the ap disinterested householders, and that the heirs of the estate are-naming proval of it on the document itself, the sale be held on a certain date. them, and that the administrator and which will be shown in the chain of his bondsmen be discharged upon his Show Appointment of Appraisers, title. filing receipts from the heirs for their their oath, and then COPY THEIR This can end the case and even respective shares of the funds on hand. RETURN IN FULL SO AS TO SHOW though the abstract may be made long Each of these is a separate step and in EXACT FACTS. THIS IS IMPOR after the estate has been closed,' and some states where the probate judges TANT. this abstract of proceedings-the ab use printed forms for everything, each Next will be a showing as to whether stract of something that happened be will be on a separate .form. Simply or not an additional bond was filed, to fore the abstract was made, he can show them as such. In others though, cover the proceeds of the sale, as some stop work here and not show the clos the court will make a journal or sweep of the states require this of the ad ing of the estate, etc. ing and complete entry of all these ministrator. Show this as described Further steps in the estate, such as things at once, but they should in eith above for bonds, that a bond in a cer the settlement, etc., cannot effect these er case be copied in full-as all orders tain sum was filed, giving date, with sale proceedings, and the particular of all courts are. Richard Roe as principal and the Reli- piece of property involved. Then it is very important that the abstracter show that the receipts are in the files by stating "Receipts for above mentioned distributive shares ap pear in the files" but he first wants to be very sure that all of them are there. THE KANSAS Then will come a short and the very final order of the court-the discharge of the administrator and his bondsmen TITLE ASSOCIATION because he has paid out the last of the funds, and receipts appear therefore. WILL HOLD ITS 1926 CONVENTION Thus is the estate probated, closed, and the heirship and settlement made a matter of record. Ill MANHATTAN Intestate Estates With Sale 16-17-18. Proceedings. Oct. In the second type of these cases, real estate will be· sold for the pay ments of debts, and this will usually be in the early history of the case for it does not take long to know whether or This will be a fine meeting. not the estate has sufficient personal Attend and hear an excellent program. assets on hand to pay outstanding and current claims and debts. See the K. U.-Aggie Football Game. Most states provide by law that real property can only be disposed of for certain and very few reasons, namely the payment of debts. Abstract the case in the usual way down to the qualifying of the adminis trator, showing all the things to that ~l.,HE MICHIGAN point. This is to show that the admin istrator has the power to act and has been regularly appointed and quali ASSOCIATION fied. TITLE The Administrator will then file a will meet in its Petition to Sell Real Estate in which he will state it is necessary for certain reasons to dispose of the real estate, but the facts set up must be allowable ANNUAL CONVENTION \ by statute, THEREFORE THIS PETI TION TO SELL MUST ALWAYS BE in LANSING SHOWN IN FULL. The Court will then set a date for hearing the petition and order notice be given by an Order to Give Notice of Hearing of Petition to Sell Real Es tate. This will be in the form pre DATES-OCTOBER 7-8. scribed by the various states, either by publication or service. If by publica Place of Meeting-Olds Hotel tion, then show the Proof of Notice 22 TITLE NEWS be featured and an escrow depart ment is also part of the services of THE MISCELLANEOUS INDEX fered. The city office will be at 717 Chestnut Street, present location of Being a review of interesting matters presented to the the St. Louis Title Co., and the Clay Secretary's office ton office at its present location. James M. Rohan is the president of the consolidated company. The many friends of John H. Clark, Title Insurance & Guaranty Co. and genial treasurer of the Pennsylvania Western Title Insurance Co. The Guarantee Title & Trust Co., Title Association will be pleased to of Cleveland, Ohio, Paul Jones, vice know he has been made title officer president, announces the purchase and The of his company, the Delaware County Southern Title & Trust Co., of acquisition of the Abstract Title & San Diego, Calif., is the new name re Trust Co., Chester, Pennsylvania. Mr. Guarantee Trust Co., of Akron. ~ cently adopted by the Clark can know that many share in Southern Title This will be operated under the Guaranty congratulations to him upon his ad Co. The change of name name of the Cleveland office and Earl vancement and increased responsibil was occasioned by the addition of a G. Smith will continue as vice presi ities. trust department. Additions and dent in charge. alterations were made to the com pany's offices in their own building to Announcement is made of the accommodate the enlarged activities The Security Title Insurance & change of name and enlargement of and added services offered. Guarantee Co., of Los Angeles, an activities of the Scott Title Co., Paris, nounce plans for the construction of Texas, T. M. Scott, president. The a new skyscraper business block on the new company is capitalized at $100,- The Pioneer Title Insurance Co. of Southeast corner of Sixth and Grand. 000.00 and under the new name of the San Bernardino,' Calif., W. M. Glass It will cost $1,150,000.00 and be Scott Title & Guaranty Co. Complete cock, secretary, announces the addi known as the Security Title Insurance title service is offered, including ab tion of a Trust Department and a Building, with the title company occu stracts, examinations, guarantees, es change of name to The Pioneer Title pying the first three floors. crow and others. Insurance and Trust Co. The company has offices in Paris, Following the merger of Title In Clarksville, Cooper, and Sulphur The Title Insurance and Guaranty surance & Guaranty Company. of San Springs. Company has purchased the plant and Francisco, with its several branches, business of the Kipp Abstract Com Western Title Insurance Company and The Virginia Realtor, published in pany of Oroville, Cal. Illness in the its 25 branches, and the Sacramento Richmond, in the interest of real estate family of Solon S. Kipp, founder of Abstract & Title Company, the West matters has contained some very in the Kipp company, made it necessary ern Title Insurance Company sold all teresting articles on title insurance. for him to sell the business and leave of the capital stock of the Capital City These have been written by H. Laurie Oroville. The Title Insurance and Title Company of Sacramento to Har Smith, General Manager of the Law Guarantee Company took charge of ry L. Huston, a member of the law yers Title Insurance Corporation of the Kipp business on Feb. 1. firm of Huston & Huston, maintaining Richmond. The Yuba-Sutter Abstract and Title offices at Sacramento and Woodland. They have been on ideas of the par Company of Marysville has discon Mr. Huston is reselling the capital ticular value of title insurance to real tinued the making of abstracts and the stock he has purchased to Sacramen tors. issuing of certificates and is confining tans, thereby forming a local organi its business to the issuance of title in zation as owner of the Capital City The Stewart Title Guaranty Co., of surance policies. The Title Insurance Title Company. No change in the Texas, announces the opening of an and Guaranty Company has a branch management of the company is con other branch in that state. This new office with the Yuba-Sutter company. templated. The plant involved in this one is in Fort Worth and the sixth in The three title companies of Santa deal was purchased by the Western the system. The company purchased Rosa have also gone on an exclusive Title Insurance Company from the the abstract plant of the Texas Title title insurance basis. The Western Pierce-Bosquit Abstract & Title Com Co. and it will be in charge of L. D. Title Insurance Company, the Oak pany in March, 1925. Hahn, former manager of the Texas land Title Insurance and Guaranty The Chicago Title & Trust Co. Title Co. A. C. Heath of the legal Company, and the Title Insurance and created a new standard for trust in department of the Dallas office of the Guaranty ·company have branch of vestment protection by the establish company will be in charge of the ex fices in Santa Rosa. ment and announcement thereof, of a aminations and legal work. J. B. DeJarnett and Sons and Byron $2,000,000.00 Special Reserve Fund The enterprise was prompted by the D. Beckwith have discontinued making for protection against any loss oc fact that Fort Worth has taken the abstracts and issuing certificates and casioned by the failure of prompt pay lead in building permits of Texas cities will issue policies of title insurance in ment of maturing principal or interest and is rapidly progressing. Colusa County, beginning Apr. 1, on a trust investment made in its sole The Stewart Company has offices in through the Western Title Insurance discretion. Houston, Dallas, Galveston, San An Company and the Title Insurance and This is a voluntary addition to the tonio, and El Paso, in addition to the Guaranty Company. The same change present legal requirements on safe newly acquired one in Fort Worth. was made in Glenn County, beginning guards surrounding trust investments. t Apr. 1. The Chicago Title & Trust is build The Title Insurance and Guaranty ing a wonderful trust business through Co. of San Francisco, Calif., has ac The St. Louis County Land Title its advanced methods and facilities 1 quired another branch in the purchase Co., with offices in Clayton, Mo., an augmented by an admirable and ener of the plant and business of the nounces the purchase of the plant, getic advertising campaign. Tehama County Title Co., at Red Bluff equipment and good will of the St. and consolidating it with the plant Louis Title Co., of the city of St. The Santa Cruz Land Title Co., and business of W. L. Bransford Louis, office at 71 7 Chestnut Street. Santa Cruz, Calif., experienced a great who has operated for many years in This acquisition of a city title plant and growing escrow business in 1925. that county. The business will here and office makes possible the rendition The amount of this business handled after he conducted under the name of of title service in both the city and by the company increased over sixty Tehama County Title Co. and will be county of St. Louis. The capital stock six per cent in 1926 from the preced underwritten for title insurance by the is $500,000.00. Title Insurance will ing year. TITLE NEWS 23 The American Title Association Officers Walter M. Daly, Portland, Ore. Executive Secretary is the Chairman of the Commit President tee.) Vice-Pres. Title & Trust Co. Henry J. Fehrman, Omaha, Neb. Richard B. Hall, Kansas City, Mo. Term Ending 1926 Attorney, Peters Trust Co. Title & Trust Bldg. Term Ending 1927 Fred P. Condit, New York City. Vice-President Guar. & Trust Committee Vice-Pres., Title L. Chapman, Cleveland, O. J. W. Woodford, Seattle, Wash. Executive Co. J. T. Abst. & Trust Pres. Lawyers & Realtors Title (The President, Vice-President, J. M. Whitsett. Nashville, Tenn. Secy., Land Insurance Co. Treasurer and Chairmen of the Vice-Pres., Mgr. Title Grty. Co. Treasurer Sections, ex-officio, and the fo} ... Trust Co. Henry Baldwin, Corpus Christi, lowing elected members compose M. P. Bouslog, Gulfport, Miss. \ Edward C. Wyckoff, Newark, N. J. Abst. T. & Grty. Tex. Fid. Union T. & Mort. the Executive Committee. The Pres. Miss. Solicitor, Association Co. Pres., Guaranty Title Co. Gunr. Co. Vice-President of the Sections and Committees .J Omaha, Neb. Treas., St. Paul Abstract Co. District No. 4. Abstracter& Section Ed. F. Dougherty, West, Chair General Attorney, Federal Land Cornelius Doremus, Ridgewood, Tennessee, J. R. Chairman, Ray McLain, Oklahoma Bank. N. J. man, Nashville. City, Okla. Pres., Fidelity Title & Mort. Kentucky, Chas. A. Haeberle, Vice-Pres., American National Program Committee-1926 Con Guar. Co. Louisville. Co. vention Stuart O'Melveny, Los Angeles, Indiana, Walter S. Coppage, Vice-Chairman, Lewis D. Fox, The President, The Executive Calif. Crawfordsville. Fort Worth, Tex. Vice-Pres., Title Insurance & H. Greene, Paines Co. Secretary, and the Chairmen of Ohio, John Pres., Home Abstract Com Tr. Co. ville. Secretary, A. J. Arnot, Bismarck, the Sections compose this mittee, with the Chairman of the Chas. C. White, Cleveland, Ohio. District No. 6. N. D. Officer, Land Title Abst. Pres., Burleigh Co. Abstract Co. Noon Day Sectional Conferences, Title Louisiana, A. M. Mayo, Chair who is: & Tr. Co. man, Lake Charles. Title Insurance Section A. T. Hastings, Spokane Title Co., Clarence E. Bowen, Crawfords Alabama, H. D. Patterson, Spokane, Wash. ville, Ind. Chairman, Donze! Stoney, San Co. Gadsden. Attorney, Evans, DeVore & Mississippi, W. R. Barber, Francis co, Calif . Committee on Membership William A. Gretzinger, Philadel Manager, Title Insurance & Gulfport. Edwin H. Lindow, Chairman, De phia, Pa. Grty. Co. Title Officer, Republic Trust Co. District No. 6. Vice-Chairman, Wellington J. troit, Mich. Arkansas, M. B. Brewer, Chair Union Title & Grty. McCune Gill, St. Louis, Mo. Oklahoma City, Okla. Snyder, Philadelphia, Pa. Vice-Pres., & Vice-Pres. Title man, Philadelphia Co. Title Officer Jas. M. Rohan, St. Title Officer, North Guar. & Tr. Co. Misssouri, Trust Co. The Presidents and Secretaries Louis. San of the state Associations consti C. Gerke, Edwards Secretary, James D. Forward, Committee on Advertising Illinois, H. Calif. tute the other members. ville. Diego, Chairman, Waco, S~cy .-Treas., Union Title Insur Tom Dilworth, District No. 7. Committee on Constitution and Texas. A. J. Arnot, ance Co. Co. North Dakota, By-Laws Pres., Dilworth Abstract Chairman, Bismarck. Title Examiners Section Henry R. Chittick, Chairman, New W. H. Pryor, Duluth, Minn. Minnesota, W. S. Jenkins, Min Golding Fairfield, Den Pryor Abstract Co. Chairman, York, N. Y. Toledo, neapolis. ver. Colo. Solicitor, Lawyers Title and Arthur C. Longbrake, Wisconsin, W. E. Furlong, Mil Title Officer & Attorney, Title Trust Co. Ohio. waukee. Co. Gulfport, Miss. Pres., Real Estate Abstract Co. Lloyd L. Axford, Guar. M. P. Bouslog, Detroit, Mich. Michigan, Vice-Chairman, W. L. Rogers, Pres., Miss. Abst. Title & Guar. Edwin E. Lindow; Detroit. Vice-Pres., Union Title and Louisville, Ky. Co. District No. 8. Attorney Federal Land Bank. J. Carroll, Davenport, Iowa Guaranty Co. Swarr, Omaha. E. Jeffrey, Columbus, Nebraska, David Secretary, Solomon Goldman, New Attorney, Davenport Abstract Pearl Koontz Iowa, Cyrus B. Hillis, Des Orleans, La. Co. Kansas. Life Moines. Attorney, Pan American Legislation Committee South Dakota, R. G. Williams, on Co-operation Insurance Co. Committee General Watertown. James P. Pinkerton, Osmer E. Smith, Advisory Committee to the WorrRII Wilson, Chairman, Seat Chairman, Philadelphia, Pa. Wyoming, President tle, Wash. Industrial Trust Denver, Colo. Co. Title Officer, New York, Pres., Seattle Title Trust Title and Sav. Co. District No. 9. Henry R. Chittick, Arthur C. Thomsen, Omaha, N ebr. Kansas, C. C. Porter, Chairman, N. Y. Law School. District No. l. Title & Trust Secretary, Omaha New Jersey, Edward C. Wyck Russell Springs. Solicitor, Lawyers Leroy S. Lincoln, New York, N. Y. Oklahoma, Walter Thompson, Co. off, Chairman, Newark. Phoenix, Ariz. General Attorney, Metropolitan New York, Cyril H. Burdette, Durant. H. B. Wilkinson, Life Ins. Co. Colorado, J. G. Houston, Denver. Pres., Phoenix Title & Trust Co. Independence, New York M. Avery, Bay City, Mich. Fred T. Wilkin, Connecticut, Jam es E. Brinker New Mexico, J. Geo. E. Wedthoff, Kansas. Treas., Northern Title & Trust hofl', Stamford. Santa Fe. Security Abstract Co. Island, Ivory Littlefild, District No. 10. Co. Frank P. Doherty, Attorney, Los Rhode Chair Worrall Wilson,• Seattle, Wash. Providence. Texas, H. B. Baldwin, Angeles, Calif. Ellis. man, Corpus Christi. Pres., Seattle Title Tru•t Co. Bldg. Massachusetts, Theo. W. Ill. Merchants Nat'! Bank District No. 11. Justin M. Dall, Chicago, Paris, Texas. Springfield. Chair- Vice-Pres., Chicago Title & T. M. Scott, District No. 2. Arizona, F. M. Coggins, Pres., Scott Title Co. Col. Sheldon Pot man, Phoenix. . Trust Co. Brosmith, H a r t f o r d , Pennsylvania, M. Pierce, Jesse P. Crump, Kansas City, Mo. William ter, Chairman, Philadelphia. California, Ross City Title & Conn. Virginia, Jas. B .Botts, Roanoke. Sacramento. Vice-Pres., Kansas Counsel, The Travelers Insur Salt Lake Trust Co. West Virginia, George E. Price, Utah, Alex. E. Carr, New ance Co. City. Edward 0. Clark, Newark, Ill. Charleston. J. M. Dall, Chicago, No. 3. Nevada, A. A. Hinman, LaR Jersey Vice-Pres., Chicago Title & District Asst. Solicitor. Prudential Ins. Florida, J. M. Blow, Chairman, Vegas. Trust Co. District No. 12. Co. of America. Ottumwa, Iowa. Miami. P. Condit, New York, George F. H eindel, Georgia, Roy C. Calhoun, At Washington, Charleston L. Hall, Frederick Pres., Phoenix Trust Co. N. Y. lanta. Chairman, Seattle. Guarantee & Carolina, J. Watres Oregon, L. M. Hicks, Salem. Vice-Pres., Title Judiciary Committee South Great Tr. Co. Thomas, Columbia. Montana, C. E. Hubbard, J. R. Morgan, Kokomo, Ind. Henry C. Soucheray, Chairman, North Carolina, Joseph L. Falls. Pres., Johnson Abstract Co. St. Paul, Minn. Cockerham, Raleigh. Idaho, Orval M. Fox, Pocatello. State Associations Arkansas Land Title Association Secy-Treas., Frank P. Doherty, Los Angeles. Secretary-Treasurer, Geo. S. Nash, Orlando. Rock. Merchants Natl. Bank Bldg. Nash Title Co. l President, Elmer McClure, Little Orlando. Rock Abst. & Grty. Co. Colorado Title Association Assistant Secretary, Mia Beck. Pres. Little Abst. & Title Grty. Co. Vice-Pres., Miss Ealy Redd, Little Rock. President, J. Emery Treat, Trinidad. Central Florida Beach Abst. & Grty. Co. Mgr. Trinidad Abst. & Title Co. Idaho Title Association Secretary, Geo. F. Buzbee, Benton. Vice-Pres., H. C. Hickman, Boulder. President, Henry Ashcroft, Payette. Mgr. Saline Co. Abst. & Grty. Co. Mgr. Record Abst. of Title Co. Payette County Abst. Co. Treasurer, J. A. Stallcup, Hot Springs. Secretary, "Edgar Jenkins, Littleton. Vice-Pres., A. E. Beckman (S. E. Division) V.-Pres. Arkansas Trust Co. Secy. Arapahoe Co. Abst. & Title Co. Pocatello. Denv~r. Co. Title Association. Treasurer, Anna E. Allen, Pocatello Title & Trust California Land Co. Title Co. Vice-Pres., E. L. Shaw (S. W. Division). President, Benj. J . Henley. San Francisco. Jefferson Florida Title Association Caldwell. California-Pacific Title Ins. Co. Abst. & Title Co. O'Melveny, Los Angeles. President, Richard P. Marks, Jacksonville. Canyon 1st V. Pres., Stuart . Vice-Pres., 0. W. Edmonds (Northern Divi Title Insurance & Trust Co. Title & Trust Co. of Florida C~ A. Vivian. Miami. sion), Coeur d'Alene. V. Pres., Jarvis Streeter, Fresno. Vice-President, 2nd Florida Title Co. Panhandle Abst. Co. San Joaquin Abstract Co. Fort Myers. Secy.-Treas., Karl L. Mann, Emmett, Morgan LaRue, Sacramento. Vice-President, Allan I. Moseley, 3rd V. Pres., Bank Title & Trust Co. Gem County Abst. Co. Sacramento Abst. & Title Co. Lee County TITLE NEWS Illinois Abstracters Association 2nd V. Pres., President. Lynn R. James T. Robison, Choteau. Vice-Pres., Parker, Lincoln. Teton County Abtract Co. Addie Lofton, (S. W. Dist.) Pur Vice-President, W. A. McPhail, cell. Holland-Ferguson Rockford. 3rd V. Pres., Margaret M. Egan, Stanford. Co. Judith Bas Vice-Pres., Mrs. A. D. Jones, Secretary, Harry C. in County Ab st. Co. (N. W. Dist.) Marsh, Tuscola. Secy.-Treas., C. E. Hubbard, Sayre. Douglas County Abstract & Loan Great Falls. Sec.-Treas., Treasurer, Co. Hubbard Abstract Co. Hugh Ricketts, Muskogee, Guar Florence Beard, Pittsfield. anty Trust Co. Pike Co. Abstract Co. Nebraska Title Association President, Oregon Title Association Indiana Title Association Ralph M. Barney, Kearney. W. W. Barney & Son. President, Walter M. Daly, Portland. President, John F. Meredith, Muncie. 1st V.-Pres., Title & Trust Co. Pres. Verne Hedge, Lincoln. Deleware Co. Title & Loan Co. 2nd V.-Pres., E. P. 1st Vice-Pres., R. T. Yates, The Vice-Pres., R. W. Mathews, Omaha. Dalles. Miles, Martinsville. 3rd V.-Pres., John M. McAllister, The Dalles & Wesco County Abst. Co. Pres. Morgan Co. Abst. Co. 4th Neligh. 2nd Vice-Pres., Secy.-Treas., V.-Pres., Russell A. Davis, Fairbury. Geo. H. Crowell, Albany. Charles E. Lambert, Rockville. 5th V.-Pres., F. L. Youngblood, Linn County Abst. Co. Lambert Title Co. Hastings. Secy.-Treas., 6th V.-Pres., J. G. Leonard, Broken Bow. F. E. Raymond, Portland. Iowa Title Association Secy.-Treas., Guy E. Johnson, Wahoo. Pacific Abstract & Title Co. President, Hamilton & Johnson. 0. N. Ross, Orange City. Pennsylvania Title Association Sioux Abstract Co. New Jersey Title Association President, John E. Potter, Vice-President, Ralph B. Smith, Keokuk. Pittsburgh. Secretary, President, Cornelius Doremus, Pres. Potter Title & Trust Co. John R. Loomis, Red Oak. Ridgewood. Vice-Pres., Loomis Abstract Co. Pres. Fid. Title & Mort. Grty. Co. John R. Umsted, Philadelphia. Treasurer, Mary 1st V.-Pres., William S. Casselman, Con.-Equitable Title & Tr. Co. A. Matt, Boone. Camden. Secretary, Harry Boone County Abst. Co. West Jersey Title Ins. Co. C. Bare, Ardmore. ' Merion 2nd V.-Pres., Frederick Conger, Hackensack. Title & Tr. Co. Kansas Title Association Peoples Tr. & Grty. Co. Treasurer, John H. Clark, Chester. Deleware President, E. L. Mason, Wichita. Secretary, Stephen H. McDermott, Freehold. Co. Tr. Co. ( Guarantee Title & Trust Co. Monmouth Title Co. South Vice-Pres., Treasurer, Arthur Dakota Title Association. Robt. B. Spilman, Manhattan. Corbin, Passaic. President, Secy.-Treas., F. M. Rogers, Grty. Mort. & Title Ins. Co. Fred Walz, Milbank. Wellington. Consolidated Abstract Secy. The Rogers Abet. & Title Co. Co. New York State Title Association Vice President, John Claymore, Huron. Louisiana Title Association President, Beadle County Abst. & Title Co. Henry J. Davenport, Brooklyn. Secretary-Treas., President, R. B. Hill, Benton. Pres., Home Title Ins. Paul M. Rickert, Sisseton. Bossier Co. Roberts County Abst. & Title Co. Vice-Pres., R. P. Ray (Southern Section), Abst. Co. Vice-Pres., Frank Suddoth, White Plains. Crowley. Tennessee Title Association. Secretary, R. A. Querbes, Shreveport. Westchester Title & Tr. Caddo Abst. Co. President, Guy P. Lon Co. Vice-Pres., E. Day Clark (Central Section), g, Memphis, Union & Treasurer, N. K. Vance, Binghamton. Planters Bank & Trust Co. Alexandria. Vice.-Pres., La. Title & Mort. Co. 526 Security Mutual Bldg. B. W. Beck, Chattanooga, Title Vice-Pres., DeLancey Guaranty & Trust Co. Michigan Title Bentley (Western Sec Association tion), Rochester. Sec.-Treas., H. N. Camp, Jr., Knoxville, Com President, Ray A. Trucks, Baldwin. Title Grty. Corp. of Rochester. mercial Bank & Trust Co. Lake Co. Abst. Co. Secretary, S. H. Evans, New York City. Texas Abstracters Vice-Pres., William J. 149 Broadway. Association. Abbott, Lapeer. President, Secretary, Emma Stoeckert, Monroe. Treasurer, Fred P. Condit, J. Grover Wells, San Antonio. Monroe New York City. San Antonio Abst. Co. Abst. Co. V.-Pres. Title Guar. & Tr. Co. & Title Co. Treasurer, Herbert W. Goff, Adrian. Vice President, L. L. Bristol, Dallas. Lenewee Abst. Co. North Dakota Title Association. Dallas Title Guaranty Co. President, Secretary, M. Tucker Wells, San Antonio. Minnesota Title Association John L. Bowers, Mandan. San Antonio Mandan Abstract Co. Abst. & Title Co. President, V. E. Erickson, Aitkin. Vice President, Geo. B. Vermilya, Towner. Washington Title Association Aitkin Co. Abst. Co. McHenry Vice-Pres., C. County Abst. Co. President, Joseph E. Hunt, Spokane. E. Tuttle, Hastings. Secy.-Treas .. A. J. Arnot, Northw Secy.-Treas., E. D. Boyce, Bismarck. estern Title Ins. Co. Mankato. Burleigh· County Abst. Co. Vice-Pres., C. Mgr., Blue Earth Co. Abst. Co. H. Groth, Bellingham. Whatcom Co. Abst. Co. Missouri Title Association Ohio Title Association Secy.-Treas., Robt. W. Elwell, Olympia. Thurston President, J. A. Riley, President, 0. L. Pealer, Warren. Co. Abet. Co. Lancaster. Title Officer, Schuyler Co. Abst. Co. Warren Gr. T. & Mort. Co. Wisconsin Title Association. Vice-Pres., James Sec.-Treas., Theodore Kemp, Jr., Newark. M. Rohan, Clayton. President, W. H. Hardy, Jr., Waukesha. St. Louis Co. Land Title Co. Hardy-Ryan Secy.-Treas., Oklahoma Title Association Abstract Co. T. S. Simrall, Boonville. 1st V. Pres., Fred A. Foster, Cooper Co. Abst. Co. President, Vera Wignall, Pauls Valley, Guar Fond du Lac. anty Abstract Co. Fond du Lac Abatract Co. 2nd V. Pres., Agnes Montana Title Association. Vice-Pres., Howard Searcy, Wagoner, Benoe, Ashland. oner Wag 3rd V. Pres., H. M. Seaman, Milwaukee. President , W. B. Clarke, Miles Co. Abst. Co. Security City. Vice-Pres., J. W. Banker, Title Co. Custer Abstract Co. (N. E. Dist.) Tahle Treasurer, W. 1st V. quah. S. Rawlinson, Crandon. Pres., C. C. Johnson, Plentywood. Forrest County Abst. Sheridan County Abst. Vice-Pres., S. J. Bardsley, (S. E. Co. Co. Atoka. Dist./, Secretary, John M. Kenney, Madison. Dane Abstract of Title Co. THE NEBRASKA TITLE ASSOCIATION will hold its Annual Convention at LINCOLN HOTEL-LINCOLN on October 8-9. A real helpful program has been arranged. Annual Banquet at 6:30 P. M. on first day. :Meeting will adjourn at noon of October 9th to attend ; NEBRASKA-MISSOURI FOOTBALL GAME Let's Make it a Bigger and Better Convention Than Any Before.