OFFICIAL PUBLICATION

American Land Title Association

VOLUME XLlll SEPTEMBER, 1964 NUMBER 9 A MESSAGE

!tom THE PRESIDENT

Fellow Members: My farewell message to you from the pages of Title News is also a greeting to you in Philade1phi·a, where we hope to see nearly all of our ALTA members, September 20-23. As this short year draws to a close, Nadine and I find our­ selves looking both forwa11d and backward. Headed down the home stretch, accelerating towards .a great National ConvenUon, the reflections in our rear-view "memory" mirror gleam with such exultant brightness that anticipation is slowed by nostalgia. What a rewarding and challenging experience it has been to serve as your president. The privilege of visiting so many of the state conventions stands as one of the most abiding rewards. To see and to feel and to embrace the remaTkaible dedication of our ti1le people everywhere, their sincer.e hospitality and warm friendships, and the impressive grandeur of our country's na­ tural wonders is to feel ourselves supremely blessed. It is gratifying to have seen some of the high ideals of our Association (dreams only a few years ago) translated into action and reality. Our industry is accepting and adjusting to the rapid changes of our times with intelligent pbnning. To our vice­ president, Joe Knapp; to section chairmen, Don Nichols and George Ga:Pber; to -0ur efficient executive staff, Joe Smith and Jim Robinson; to our dedicated Executive Committee members, Board O'f Governors, and members of awointed cOIJTlmittees­ may I express my appreciation for your loyal suipport and hard work. To all of you, ALTA members everywhere, Nadine and I give thanks for this wonderful year in our lives.

Sincerely,

President ~\CAl'{ .(,

•~i>~~t • TITLE NEWS ~ -.,,. ~ Official publication of American Land Title Association ~ • • « """ "'"';;; ~ \.~ ~ssoCG EDITORIAL OFFICE Premier Building 1725 Eye Street N.W. Washington, D.C. 20006 Telephone FEderal 8-1460 SEPTEMBER, 1964 EDITOR: JAMES W. ROBINSON Fea,tures WHO OWNED GOVERNMENT ISLAND? ...... 2 Marvin C. Bowling, Jr. DISTINGUISHED JURIST TO ADDRESS ALTA CONVENTION ...... 15 Judge Adrian Bonnelly to speak to abstracters ALTA HOST TO PHILADELPHIA PRESS . 16 Grand turnout launches publicity

GLENN MILLER BAND ...... 28 Famous band to play at Convention THE GOOD EARTH - HOME OWNERSHIP ..... 30 Richard A. Hogan . Departments

A MESSAGE FROM THE PRESIDENT ...... Inside Front Cover IN THE ASSOCIATION SPOTLIGHT ...... 8 STATE ASSOCIATION CORNER Montana ...... 18 New Jersey ...... 20 Illinois ...... ········· ····· ···· ···· ········ 22 Michigan ...... 26 STRANGER THAN FICTION ...... ·········· 32 MEETING TIMETABLE ...... Inside Back Cover -1- Who Owned Government Island? By MARVIN C. BOWLING, JR., Associate Counsel, Lawyers Title Insurance Corporation

The subtle varations of the problems presented to title examiners are endless. We are privileged from time to time to bring to the read­ ers of Title News many interesting situations which develop in the course of a day's work for a hard-working titleman. The article which follows is an excellent example. We have the elements of tradition, mystery, and greed. It is reprinted with the per­ mission of the Editor of Lawyers Title News.

This is the story of an English King and a recusant, of sandstone and a seat of government, and of Feder a 1 sovereignty and state's rights. Probably nowhere in the realm of human experience does the past so strongly affect the present as in the realm of real estate titles. An excellent example of this involves a claim recently paid by Lawyers Title. The story began for Lawyers Title with an application for an owner's policy on 1,600 acres of land in Staf­ ford County, Virginia, which is some 40 miles south of Washington. One of the ten tracts insured was describ­ ed as ,an island in Aquia Creek con­ taining about 14 acres. The creek is lUarvin C. Bowling, Jr. is Associate an arm of the Potomac River and is Cow1sel for Lawyers Title Insur­ navigable. ance Corporation and has worked The examining attorney's report on in the Rome Office Legal Depart­ title certified for the required 60 ment in Richmond since 1951. He years and an abstract prepared by was graduated from Hampden­ another attorney showed the title to Sydney College with a B. A. degree the island as running back to the and from the Washington and Lee Commonwealth of Virginia in 1877. J,aw School. He is active in the The policy was issued and our file American Bar Association and Vir­ closed. ginia State Bar Association. It was not long, however, before it became necessary to reopen the file. had come upon two large signs erect­ We received a telephone call from ed on his island. The signs were new the examining attorney in which he and substantially constructed. They reported that our insured, while were painted red, white and blue and walking over his newly acquired land, bore the words "Keep Off- Govern- - 2- Freestone from aquia was used in the construction of the White House

ment Property." Why and by whom was to see how good our insured's they were erected was a mystery. title was. The abstract had shown Needless to say, this caused some that the Commonwealth of Virginia anxiety on our part. Since we could had granted the title to an individual get no information locally, we at­ so we visited the Archives Depart­ tempted to find out something in ment of the Virginia State Library in Washington. Several phone calls were Richmond to take a look at the grant. made to government agencies which The archivist produced a copy of deal in real estate but none knew of a grant of the islancl in 1877 by the any government land in the vicinity. Governor of Virginia to two individ­ . The signs were torn down and we de- uals by virtue of a Land Office War­ cided to let sleeping dogs lie. We rant. The grant described the entire were later advised that the signs island but the survey attached there­ were erected by a history buff who, to described the island, less and ex­ for some reason, felt that the island cept one acre, reserved by William had historical value and should be­ Stuart as a quarry! There were no long to the United States. We breath­ warranties and no source of title. ed a sigh of relief. How little we knew! This bit of information left us hanging. Where did the state get its PROVES TO BE NO FALSE title? Who was William Stuart? Per­ ALARM haps the next move should be to de­ Several years went by before we termine what title the United States heard any more about our island and claimed. A telephone call to the Gen­ this time it was no false alarm. We eral Services Administration really were advised by the attorney for the opened "Pandora's Box." "Our title insured that an item had appeared runs from Charles II," we were told. in the newspaper stating that "Gov­ This would have been before 1685 so ernment Island" also known as "Wig­ we were sure the grant didn't run to ginton's Island" in Aquia Creek was the government. In any event, the to be sold at public auction by the government attorney kindly agreed United States through the General to furnish copies of the original Services Administration. Our island deeds which are in government had been known by those names and archives. if the United States claimed it, we In the meantime we decided to go suspected we were in trouble. up to Stafford Courthouse and see Assuring our insured that we would what the public records showed. The protect him as provided in his policy, grant from the Commonwealth and we decided that the first thing to do the succeeding deeds into our insured - 3 - price was 1,800 were found but no indication that the lie. The purchase had any interest in the pounds. Two months later George United States to We did find a 1786 deed from Brent granted and confirmed title island. conveyed George Brent to a Robert Stuart, the island (except the acre one for the Com­ "Mason and Stone Cutter of the to Stuart) to Trustees which conveyed missioners appointed to establish a Town of Baltimore," Unit­ out of "Brent's Island" in "Seat of the Government of the one acre that the Creek. Could this be the one ed States." It was recited Aqui:a order to obtain reserved to William Stuart men­ purchase was made in acre public buildings tioned in the Commonwealth's grant? "freestone for the of the early documents had and rises in the City of Washington." Many of title by which been torn from the Deed Books by This ended the chain claimed the island. Union soldiers. Had they destroyed the United States 1Jhe evidence of title of the govern­ It became painfully clear to us that ment for which they fought? the government might have better title than our insured. Although our DEALING WITH "SACRED SOIL" A few days later we received copies of the instruments by which the United Staites claimed title and real­ ized we were dealing with "sacred soil." The earliest instrument was dated in 1678 and was from the "Governor and Captain General of Virginia" on behalf of Charles II to two indi­ viduals. The consideration was the transportation by the grantees of one person into the Colony. The island was described as 12 acres lying in Aquia Creek. The next instrument was from Will Fitzhugh, agent for "Margaret Lady Culpeper, Th om a s Lord Fairfax, Catherine, his wife and Alexander Culpeper, Esq." to George Brent. This insitrument, dated 1694, recited that the grantors were the successo,rs in interest to the original proprietors of insured had a perfect chain of title the land and that the earlier grant record, its source of title had begun from the governor was void. The de­ with a grantor who had no title. scription called for a 12-acre island Whereas, the United States, while its known as Wigginton's Island. record title was incomplete, had The There then followed the one-acre deeds from the true owners. to vali­ from George Brent to Robert recording acts alone do little deed a tres­ Stuart which we had found of record. date a title which begins with passer. FREESTONE NEEDED IN But what about advevse possession WASHINGTON under color of title for many years? would not help because adverse next instrument furnished us This The possession does not apply as against the Government was dated 105 by the sovereign United States even It was a deed 0 1f the years later. a state is the source of the from George Brent to Peter though island title by which possession is gained. Charles L'Enfant (this name seemed 1791. It recited that Even though we were concerned familiar) in could and his successors were over our position legally, we L'Enfant aspects of the taking title for the benefit of the pub- not resist the historical - 4 - problem and found ourselves aban­ doning the title records and law books for a moment and delving into ON THE COVER the history books. September - and back to school! The cover for this month's Title News OBTAINED A GRANT FROM brings to mind the ever present need for improved and continuing education CHARLES II at all levels - with stockholders, em­ ployees, related professional groups, It is common knowledge that the and the general public. original proprietors of the "Northern Your National Association ls continu­ Neck" (land lying between the Poto­ ally engaged in activities designed to project a favorable public image of the mac and the Rappahannock Rivers) title industry, of the American Land had obtained a grant from Charles II Title Association, and of its members in 1669 and that Lord Culpeper had in a variety of ways - dissemination of TITLE NEWS to law libraries and bought all of the interesits of the others important to the industry; TV other proprietors except a one-sixth distribution of the ALTA movie; in­ stitutional advertising in leading trade interest of Alexander Culpeper, a journals; participation In the affatrs of relative. Upon Lord Culpeper's death, related professional groups; newspaper, his interest became vested in his radio, magazine, and television public­ ity; and frequent contacts with ap­ daughter Catherine, who had married propriate Government agencies. the fifth Lord Fairfax. Catherine, To stimulate ALTA members in the A 1 ex an de r, and Lord Culpeper's advancement of promotional programs widow, Margaret, were the grantors in their own communities, the National Office provides advertising mats, bro­ in the deed to George Brent. This chures, visual aids, sample press re­ latter gentleman turned out to be an leases, display posters, promotional flyers, seals, and window decals, ad­ interesting member of a historical vertising blotters, suggested scripts for family. community speeches, public relations newsletters and the ALTA Directory. The Brent family, having become Take advantage of the facilities pro­ Catholics in Anglican England, had vided by your National Association. migrated to Maryland in 1638. In 1650, in search of open land, Giles Brent removed to Virginia and settled The George Brent who conveyed near Aquia Creek. Here he flourished our island in 1791 to L'Enfant was as a man of means and owner of real probably George Brent, IV. Peter property, obtaining grants through Charles L'Enfant was, of course the the transporting of persons to the architect for the construction of the Colony. capitol city of the new county. Evi­ dently he had found the type of stone Although stiff penalties (including he thought best for the construction a fine of 20 pounds per month) were of buildings. This stone, which had imposed by the Virginia legislature been mined in the area by early set­ on recusants (those who re.fused to tlers, is a form of sandstone, some­ attend Anglican worship) it appears times called freestone because of the that these were not enforced against ease with which it could be cut. the Brents and they became perhaps History tells us that large blocks the most prominent family in the area. of this stone from the island were loaded on b a r g e s and hauled up­ ACQUIRED ISLAND IN 1694 stream to Washington for the con­ struction of the Capitol Building. The George Brent who had ac­ Freestone from Aquia was also used quired our island in 1694 had settled in the construction of the White in Stafford County in 1673. He be­ House, Mount Vernon, Arlington, the came a landowner, Captain of the old Cape Henry lighthouse and other Militia, lawyer, Attorney-General of Colonial buildings. the Colony and finally a representa­ tive to the Virginia legislature. Cer­ STANDS TEST OF TIME tainly there is little evidence of reli­ The turmoil surrounding the con­ gious persecution in the story of this struction of the Capitol Building is family. a story in itself. Not everyone in- -5- valved felt that freestone was the by the government at public auction best choice. However, it has stood the to an individual. test of time, as well as a fire during There are still some questions un­ the war of 1812. answered which intrigue us. What became of the one acre interest Apparently the island lay unused Stuart completion George Brent sold to Robert with its gaping hole after " ? Where did the until its conveyance of "Baltimore Town of the Capitol Island" used in by the Common­ name "Wigginton's on a Land Warrant with Lady Cul­ 1877. The area the deeds beginning wealth <>f Virginia in We found no Wig­ ·an important line of de­ peper originate? had been in in the chain of title. These during the Civil War. Under ginton fense and other questions we will leave to the Land Warrant system anyone purchase price the professional historians. who would pay the interesting land could obtain This was an unusually for unappropriated claim to handle and, I believe, makes a warrant from the state and later a an interesting story. However, it car­ based on a survey. Our in­ grant ries a very important moral regard­ predecessor in title had ob­ sured's ing the certainty of land titles and tained such a grant which appears regarding in view of an owner's protection to have been worthless insured had a seemingly being vested at the time in them. Our the title perfect chain of title of record as United States as successor to the the properly certified by a competent Commissioners of the District of Co­ attorney who had correctly examined lumbia. the records. He and his pr·edecessors CLAIM IS SETTLED in title had been in possession, cut­ Returning to the 20th century after ting timber on the island for many our brief excursion into history, we years. Yet he suffered a complete decided to settle the claim with our failure of title. Only because of hav­ insured by paying him the value of ing obtained a policy of title insur­ the island. This was done and the ance, which protects against matters latest chapter on Government Island, not appearing of record, was he able for us at least, was ended. We have to save himself from loss on account since heard that the island was sold of his defective title.

FOR SALE

Filmsort 1000-D, 3-M Processor Camera: Five months old, same as new; original cost $3,500.00, will sell $2,250.00, shipping cost extra.

Contact Georige Murra y, Manager- Owner of Machine Argonaut Title Company P. 0. Box 478 - Jackson, California; or

Frank E. Good, Vice President Louisville Title Insurance Company P. 0 . Box 15038 - San Diego, California; or

Harrison H. Jones, Vice President Louisville Title Insurance Company 223 South Fifth Street - Louisville, Kentucky

- 6 - WRIT BY HAND ... or any other way

Original records come in all ages and every conceivable condition. One may be a land grant, handwritten on sheepskin ... another a slick piece of microfilm. There is only one way to get perfect copies from any existing record- photographically. And the best way is with a PHOTOSTAT® Photocopier!

No document- including deeds, mortgages, plats, tax rolls, court orders, marriage or birth records will ever stymie you . A date stamp, a light colored ink signature, a notary or corporate seal ... all can be faith- fully reproduced . A Photostat Photocopier can create a record, and copy from a record ... loose leaf, bound volume or microfilm for every division of county government.

And , of course, when you make copies for the taxpayer, be sure those copies are permanent . . . make them on genuine Photostat brand papers. Let us send you the complete story. Write Itek Business Products, Rochester, New York 14603. • "Coconut" State FHA Mortgages As of July 1 the average secondary Starts Association market price for immediate delivery Our 50th state now has a State of FHA-insured 5-14 percent new­ Assooia:tion known as the Hawaii home mortgages with 10 percent Land Title Association acco11ding to downpayments and 25-year terms re­ word received from R. S. Ellsworth, m'ained unchanged at $98.5 per $100 Vice President of rthe newly formed of outstanding loan amount for the association. eighth consecutive month, while the The first meeting of the Association national average for 30-year term was held in June and officers were mortgages with minimum downpay­ elected for the first year. ments remained at $98.2 for the fourteenth consecutive month. Elia A. Long, of Long & Melone, Seven offices of the 74 reporting in­ Ltd. was made President; R. S. Ells­ dicated an increase of one-h'alf a worth, of Security 'I1itle CorporaiHon point or more for loans with 25-year was chosen Vice President; and M. F. maturities, while four offices report­ Temple Melone of Long & Melone, ed decreases of this magnitude. For Ltd. was made Secretary-Treasurer; 30-year loans two offices reported all af Honolulu. one-half a point or greater increases, and four reported equivalent decreas­ es. Name Change These data reflect the best infor­ mation available to the FHA insuring W. H. Allen & Son has incorpo­ rated under the name of Allen and office Directors throughout the Unit­ Quinn, Inc. with offices dn the Quinn ed States, although they are not based Building at 106 1h East Third Street, on summaries of actual transactions. the probable Maryville, Missouri. Taking into account volume of secondary market sales in J. Darnell Quinn, President of the each of the insuring offices, a weight­ newly formed corporation, takes an ing procedure is used in the compila­ active part in community affairs. He tion of zone and national averages. is presently serv·ing as a Director Regionally, average prices for 25- of tlhe Chamber of Commerce. He year mortgages ranged from a high ·is well familiar with Real Estate, of $99.6 in the Northeastern States to having 1been a mo:ritgage loan repre­ a low of $98.1 in the Southeast. Aver­ sentatrive with :the TraV'elers Insur­ ages reported for the Southeastern, ance Co. for twelve years. North Central, and Southwestern Officers of the corporation are; J. States each increased one-tenth of a Dar n e 11 Quinn, President; Calvin point as of July 1, while that for the Allen, Vice President and Treasurer; Northeast declined one-fifth of a and Eva Quinn, Secretary. point. The regional average prices -8- for 30-year mortgages - also highest Branch Banking office of the then in the Northeast ($99.4) and lowest Tit•le Guarantee and Trust Company in the Southeast ($97.7) - dropped for four years from January, 1945 one-fifth of a point in the Northeast to December, 1948, when he returned and one-tenth in the West, while con­ to the main office as Sales Counsel tinuing unchanged in the remaining and ~ater became Secretary of the geographical areas of the United com pa n y between 1950 and 1953. States. When the company opened its offices in New Jersey in August of ithat year, Availability of mortgage money he b e c am e the Vice Hresident in was considered adequate for financ­ charge of Sales activities !i.n 1Jhat state. ing of FHA Section 203 (b_) m~rt­ gages in all but one FHA msurmg Mr. Kappock 1:s an ractive member office on July 1, while all offices re­ of the Peter Minuriit Post No. 1247 of rthe American ported adequate funds for fin~nc~ng Legion, which is com­ conventional mortgages - contmumg posed of members of the real estate a condition that has prevailed for priofession. He has held sever.al offices over two years. including that of Commander of the Post during 1951-1952. On a national basis, the average in­ Also We Learn That terest rate for conventional first Geovge L. Cohen, Assistant Counsel mortgages on new homes remai~ed in the ·at 5.80% for the fifteenth consecutive New York Closing Depa.I'ltment month on July 1, according of The Title Guarantee Company com­ to FHA pleted his 50th anniversary insuring office Directors, while the with the company d.n June. StartJing as a existing-home rate was unchanged at tiitle examiner, he later became a closing 5.85%. Regionally, the average new­ attorney. Im 1948 he was named 1 home rates decreased As­ in the North­ sistant Solicitor and was elected to east and Southeast, while those in the his present office in 1950. remainder of the country were un­ changed. The existing-home rates Withirn the legal and re:a:l estate were unch'anged in all areas of the fraternity Mr. Cohen has been affec­ country. The rates for new-home tionately a rn d respectfully conferred the informal transactions ranged from a title of Dean of Title low of Closers. 5.60% in the Northeast to 6.15 % in He has participated !i.n real estate the West, while those for existing­ closings that range from the minimum fee home mortgages varied from to those in the multi­ 5.70% million dollar to 6.15 % in the same respective category. His two great areas. sources of pride ave his participation in the closing of the parcels rborderting •the East River in Manhattan which Kappock and Cohen became the home of the United Na­ tions and of the transfer of ownership On August 15, Thomas J. Kappock in 1961 of the world's tallest structure, observed a unique occasion attained the Empire State Building. by few pernons, the celebration of Mr. Cohen is a native New Yorker, his 60th anniversary of employment h a v ·i n •g completed all his schooling with Title Guarantee, New York, N.Y. locally. He is a graduate of the City This is the longest single record of College of New York and obtained employment. his L.L.B. from Columbia Law School. Mr. Kappock started in the tradi­ He was adrilltted to the Bar .in New tional "·office boy" position in the York Stat·e in 1912. Mr. Cohen ihas Manhat-tian office of the company. remained interested in alumni affairs of C.C.N.Y. and currently is President He moved up the ladder to Assist­ and a Director of the City College ant Man ager, Manager, Assi:stant Club. An active Mason, Mr. Cohen Secretary, Assistant Vice President is past President of the Sixth District and then Vice President. He was of­ Masonic organizatd.on and became a ficer ri:n c lh a r g e of the Md. d to w n Right Worshipful m 1962. - 9- Osborn Made Manager Ohio Firm Buys D.C. Operation Mr. John M. Clements, Chairman of Merger of the business of The Dis­ the Board of Phoenix Title and trict Title Insurance Co., The Wash­ Trust Company, Phoenix, Arizona an­ ington Title Insurance Co., and The nounces that Jack Osborn was ap­ Realty Title Insurance Co. was an­ pointed Manager of Phoenix Title and nounced recently. Trust Company's The new firm will operate as the County office. The Distriot-ReaJty Title Insurance Co,rp­ office opened on oration, under a charter granted by July 23, 1964 in the State of Maryland. the S o u t h e r n The announcement was made by Tr u s t Building, Wimam B. Wheeler, Chairman of 550 Grand Ave- the Board of Directors of the new nue, Nogales, Ari- company. Mr. Wheeler has served zona. as Ohaiirman of the Boards of the Osborn has pr decessor companies since early been with Phoenix 1962. Title and Trust President of the new company is Company for over 13 years .and was H. Stanley Stine, who has been as· transferved to the Tucson office ef­ sociated with District Title since 1926. fective April 1, 1964 from the Pres­ E. Spencer Fitzgerald and Howa11d cott office where he was manager. Bernstein will serve as EX'ecutiive Vice Presidents. He is a native Arizonan, attended Mr. Wheeler said directors of the Phoenix schools and is an Alumnus predecessor firms will continue as of the University of Arizon'a. During directors of the new District-Realty his stay in Prescott he was a member T i t 1 e Insurance Corporation. The and director of the Prescott Rotary three boards have a p p r o v e d the Club and the Yavapai Community merger. Hospital, President of the Yavapai All three of the companies date County chapter of the U. of A. back to the 1890s, wibh the oldest Alumni Association, a member of the being chartered in 1891. Prescott Centennial Commission, the The present management took con­ Prescott Corral of the Westerners, th<' trol of the District organizatiion in Elks Club, Yavapai Cattle Growers January 1961. In early 1962, the Dis­ Association and the Smoki People of trict group bought the stock of Real­ Prescott. He and his wife, Norma, ty Title. Since that time, the firms will reside on Del Monte Road in have been operating as a group but under separate day-to-day administra­ Beatus Ranch Estates. tive managements. Mr. Wheeler said the new merger will not result in any p e r s o n n e 1 Compilation of the Santa Cruz changes. Several departments will be County title ptant began with the mi­ intergrated w i t hi n the next few months and by early 1965, manage­ crofilming of all of the records main­ ment hopes to have the operation tained in the office of the County all under one roof. Recorder of Santa Cruz County at At present, District Title's offices Nogales, Arizona. The new title plant are at 1413 Eye Street, and Realty's represents t he entire history of land headquarters, 1424 K Street. Mr. Wheeler said a fourth firm, titles in Santa Cruz County. Some of The Lawyers Title Insurance Co., the original instruments so micro- will continue as a District chartered filmed and printed came into exis- corporation. tance prior to the ye'ar 1897, one of Mr. Wheeler also announced that the older Deeds being dated 4-29-1865. District-Realty has become associated - 10 - with Ohio Title Corporation and The Guarantee Title & Trust Company, "Clipper" Smith Appointed both of Ohio. The appointment of M. J. "Clipper" Smith as a business development rep­ Elected to Board resentative for Title Insurance a nd T r u s t Robert P. Stewart, Jr., President of Company, Los Angeles, California, Southwest Title and Abstract Com· Orange County Oper­ ations, has been announced by Walt pany has been elected to the Board of er A. Corbin, Vice­ Directors of North Dallas Bank & p r e s i d e n t a nd Trust Company, Dallas, Texas . Dar­ 0 r 'an g e County rell Llafitte, President of North Dallas Manager. Bank made the announcement follow­ A native of ing a recent Directors meeting. Kankakee County, Mr. Stewart is a veteran of World Illinois, "Clipper" War II ·and a graduate of the Uni­ Smith was a pro­ versity of Georgia. He gained his t e g e' of Knute legal education at SMU, Texas Col­ Rockne, h a v i n g lege of Law and the University of played on four oi Houston. Notre Dame's Mr. Stewart vesides with his wife " ~ \ teams during the and four children at 4348 Shenandoah. twenties. He was He is a member of the Highland Park Director of Athletics and Head Foot­ Presbyterian Church. ball Coach 'at Gonzaga, Santa Clara, and Villanova. In 1947 he coached ·~ h e Boston Yanks of the National Foot­ Meet Frank Ebersole ball League and later became Di· ALTA members who attended the rector of Public Relations with the 1964 Mid-Winter Conference in Las Los Angeles Rams. He is a graduate Vegas had the opportunity to meet of the University of Notre Dame Col­ Frank Ebersole, Administrative Assis­ lege of Law and taught at the Univer­ tant of the ALTA. To better acquaint sity of Santa Clara L aw School. the members who were not present, Smith resides with his family in we report that Frank is 31 years old South Laguna. and has ·a background of creative selling. He is responsible for produc­ tion and maintenance of ALTA sup­ John J. Hatala plies and records. He is married and has three children. John J . Hatala has been appointed manager of the home office escrow department of Title and Trust Com­ pany, Portland, Oregon, and elected an assistant secretary, according to announcement by Donald V. McCal­ lum, President. Hatala joined Ti1tle and Trust Com­ pany in 1946 and since 1952 has served as an escrow officer. Hatala was born in Pennsylvania, attended is c h o o 1 s in Portland, Oregon, and served in the U.S. Army Siignal Corps during World War II and during the Korean War. He is a m e m b e r of Knights of Columbus. He and his wife, Aileen, reside at 1837 S.E. Ash Street. - 11 - supply increases, the principal effect Sees Bright Future will be upon older properties which will experience aibrupt decline in Residential construction with ample value. Soundly conceived, conse·r­ funds for financing will continue at a vatively financed projects will have high level, predicted Jeffery Hol­ no difficulty, and the demand for brook, Executive Vice President of such quality real estate will continue Commonwealth, Inc., P.ortland, Ore­ strong. The pressures of a super gon, at the Second General Session abund.ance of mortgage money and of the two-day National Mortg.age the resultant quality of investment de­ Banking Conference sponsored by the cline will contribute to the basic con­ Mortgage Bankers Association of cept of over supply. America at the Denver Hilton Hotel. "The long-term picture of real Holbrook, whose company has branch estate will be most profoundly in­ offices in Alaska, Idaho, Washington, fluenced by the rapidity with which and California, as well as Oregon, local governmental agencies c a n stated, "Looking ahead for a year, change their thinking in zoning and the concensus, 'aS supported by fact, plann1ng to attain best land utiliza­ indicates that housing will continue tion_ The increasing penalties of taxes with strength; apartment house va­ on real estate will have a definite ten­ cancies will increase but the building dency to impair values in all seg­ level will hold. Interest in industrial ments of real estate. Increasing resi­ property will continue high due to dential taxes will decrease the quanity continued business capital investment. and quality of home that an individ· Demand for undeveloped land in all ual can afford. This will force a mar­ categories will continue to be strong ket toward shared tax base through a with increasing pressure from scarci­ concept of condominium or the equiv­ ty. Availability of mortgage funds alent. Utilization of industrial proper­ will continue at approximately the ty will tend to localize in those areas same level with interest rates relative­ having the most favorable tax climate ly at a constant but with a continued coupled with available labor 'at low­ deterioration of loan quality. est cost. Local taxing, then, will in­ In­ issues influencing fluence the migration of industry. "Two secondary tax the antidiscrimination come properties, with increasing finance are operating and governmental partici­ burden and increasing measures income. The in urban renewal," he contin­ costs, will decline in net pation real estate will "To date the antidiscrimination return upon invested ued. as favorably in the com­ measures h'ave had little, if any, im­ not comp'are market but petitive investment market as it has pact upon the real estate thus to as the law is to other types of investment, can be expected in sale and ex­ An enlarged federal program causing a slowdown tested. . in the urban renewal area is consider­ pansion of real estate to real estate in­ "The scarcity of quality real estate ed to be dangerous will the emphasis is pointed investment in retation to demand terests unless multiple owner­ development by private en­ continue to increase towards or joint venture and with implementation by ship. The syndicate terprise to decline as a device of local government. will continue such ownership. Real estate trusts "Hotels, motels and offices are in will gain in popularity and will be­ a reasonable balance of supply and come an increasingly potent market demand. There is strong evidence, factor." however, of overbuilding in all cate­ In concluding, Holbrook stressed gories. The period of one year, then, th'at, "The mortgage banker can par­ is a year of strength. The longer term ticipate in this overall realm of good picture has a different interpretation real estate expectancy only by as­ with the spectre of overbuilding. suming responsibility for: "In all categories it appears that 1. Reduction of governmental con­ overbuilding is imminent. As over trol. - 12 - 2. Improved land planning and utili· 1964 the study shows. While 56 per zation. cent look for values to be stable, 40 3. Quality of mortgage collateral. per cent predict a price increase com­ 4. Overbuilding. pared to 4 per cent who think prices 5. Control of urban renewal. will decline. 6. Participation in all matters of "Long range plans for business ex­ general welfare affecting real estate. pansion are reflected in today's vigor­ ous demand for land suitable for in· Active Market dustrial construction," Mr. Justice added. "Features of environment such An extremely active market is gen­ as power, water, labor supply, and erally expected in the sale and lease market proximity continue to be of industrial property during the salient factors in selection. second half of 1964. "Although characteristics of the This is indicated in a market report land itself are obviously important, in of the Department of Research of the recent years 'a geological feature has National Association of Real Estate become an essential. The stratum Boards that was released recently by must be of a quality, that with reas­ Jack Justice, Miami Beach, Fla., Vice­ onable expenditure for piling, will President first named of NAREB. A support the floor loading that modern total of 95 Realtors in all parts of mechanization requires. the country took p'art in this phase of ·the study. "Despite the network of highways "Industry has been making unex­ which has added to the supply of 'ac­ pected progress in increasing pro­ cessible land, prices of sites for in· duction, volume of sales, and profits," dustrial use have continued to climb. Mr. Justice said. "No small part of This trend is reported for both im· this achievement is attributable to proved and unimproved sites." mechanization 'and to the architectur­ For improved sites, prices are al design which has made this greater higher in two-thirds of the nation efficiency possible. than a year ago, stable in 30 per cent, "The one-story ultra-modern factory and lower in 4 per cent, the report or warehouse has facilitated mechani­ indicates. Where the land is 'adaptable zation," he said. "The invention of to industrial occupancy but unim· more versatile machinery has in· proved, prices are up in 64 per cent of creased the need for single-story the country, unchanged in 25 per cent, structur.es capable of carrying the and down in 11 per cent, the study floor load imposed by heavy equip· shows. ment. These buildings require exten­ "Prices of one-story structures are sive space. In recent years acres of stable in a majority of areas, though well-planned, carefully landscaped in· where prices have changed, they are dustrial facilities have come into be· more often higher," Mr. Justice s'aiid. on the periphery of ing. Many are "Prices of multi-story properties metropolitan areas, and it looks as have continued to soften. Ingenious though this trend will continue." been reported, but Fifty-four per cent of the industrial conversions have cases. The down· property specialists who comprise these are scattered NAREB's reporting panel look for a ward drift of values is more preva­ lent." rise in the dollar volume of sales and leases during the next six months, Smaller businesses stressing ef· Mr. Justice said. Transfers at a rate fkiency and modernization are active­ similar to the current one are expect­ ly acquiring industrial property ap­ ed by 43 per cent of our reporters and propri'ate to the long-range expansion lower rates are seen by 3 per cent, he widely expected, Mr. Justice said. said. He added that the dollar volume of Prices, over-all, 'are expected to be sales and leases of sites as well as somewhat higher the second half of of one-story structures, for either -13- manufacturing or warehousing, ex­ the young people but there isent any ceeds that of a year ago. of the old that will even be satfied "The sluggish market for multi­ any where here is out homes and we story structures, whether designed wrased our children and worked hard for manufacturing or for warehous­ for our homes and why should we ing, has continued," Mr. Justice said. want to be toren up .and abut the "The dollar volume of sales and school for the people th'at has childre leases is the same as last year in over in school and My Boy was Borned half of the nation and lower in rough­ and rassed till finishen high school ly a third. then the next fall he went to Lost Angeless to the weldin school to tran "The rise in industrial production, for the army and all the years he ben sales, and profits has increased the there and now he sold out to come demand for modern one-story facil­ here and it weares me till I dont ities, raising the level of occupancy sleep nighis to think of being in such of existing buildings. At the same a mess when he comes I dont know time more and more space in multi­ what the boor by will do he only has sto·ry structures is standing empty." one eye 'and a floating kidney and he so thin the Dr said it would do any Eminent Domain?-A Protest good to Op on it there was no fat to cushen it so I am shure wered he was R--·-, Ida, Aug. 13 48 in the army when it happened and Dear Sir I liven in R---- since 19'12 they would even Op or never gave and my husbant is 84 years and all him a sent so I dont think much of we have is here and I worked trble the army naturly I would and no one hard all of my life try to get a place could blaim me for that e'ather and to spend my old age and now to naturely we dont want the Dam it think they 'are going to try and come might help Wash and Oregon but I in and takes it a way and there is a cant see where iit do Ida much good lot of old people in the 3 townes and any waw when the howes is so short they are all just wearing they selves there is such .a demand for house in sick abut all of this coming out in R-·-· and T--·· I cant understand where the papers I taken care of and old we wll 'all live there isent any of them Dr 'and wife that I knew all the time wants be below the dam and it no ever since I ben in R---- and they are place for old people on the old cold both invelant and he Dr me thorow 2 hills Mr. L---- came here for our helih childre Birth and they are shure he could stand the wond on the Nez weared she hasent walked a step for Perce perry and it was so high and ayear and he cant twalk and my man , my heart was so bad I could live walkes with cruches and we have a there he used coff all night and we nee little quiet town and no ones feel better here very truly Mr Mrs wantes to be kicked out and just this Jim L-- -- month my only boy sold out of agar­ rage ni S'an Diego and he coming and we have all plans to put a 3 thousant cement buildin so he can be close to us the rest of ours days he was in the army over 3 years and all of the old people are shure wered and so many has their men in the Grave Yard and they dont see how it can be moved because there is just a few burned in a valt there never has ben any thing that het here that has caused the exsitmant and M----ville doesent even want it to happen a lot of this valley goes there to traid and it reckit to it wont be quite so bad for -14- Distinguished Jurist to Address ALT A Convention

Judge Adrian Bonnelly was born on May 6, 1890, in the shadows of the famed Fulton Fish Market, on the Lower East side of New York. He attended P .S. I and the City College of New York. He later became secre­ tary to Congressman Otto G. Foel­ ker, of the Third Congressional Dis­ trict of New York. Subsequently, he entered the United States Immigra­ tion Service and was stationed; in JUDGE ADRIAN BONNELLY Washington, D.C., Ellis Island, N.Y. and Philadelphia, Pa. In 1914 he was appointed assistant Clerk of the Or­ passage of the 'act changing the name phans' Court of Philadelphia. He en­ of the Municipal Court to the County tered Temple University Law School Court of Philadelphia. and was admitted to the Phil'adelphia Bar, September, 1919. ' Judge Bonnelly's early struggle for He is a man who has devoted a survival, his intimate contact with lifetime to public service. peoples of all races, national ties and religions, his widespread and Varied In 1935 he was appointed by the knowledge of the law, his vast ex­ then Governor George H. Earle as perience in the problems of human First Deputy Attorney General of behavior, have given him a deep per­ Pennsylvania. A few years l'ater he ception and an awareness of the resigned to become General Counsel weaknesses, as well as the strength for the Delaware Joint Commission, of his fellowman. now the Port of Philadelphia Author­ ity. On December 2, 1938, the same ADRIAN BONNELLY, the m'an Governor appointed him judge of and his interests are so universal, the the Municipal Court of Philadelphia. depth and vibrancy of his personality In 1939 he received the Democratic are such, th'at he has been active in and Republican nominations and was practically every communal, civic, elected to a full term of ten years. charitable, and philanthropic endeav­ He was re-elected in 1949 and 1959. or. His infectious smile, his ready wit, On January 5, 1959, he was elected by and the deep sense of loyalty to his his colleagues as President Judge of friends, have endeared him to a multi­ the Court. In the Legislature of 1961, tude of people who love and admire the Judge was instrumental in the him. - 15 - ALT A Host to Philadelphia On July 20 nineteen financial editors, real estate editors, and radio and television program directors and commentators Con· were guests of the ALTA at a luncheon press conference at the Bellevue Stratford Hotel. Principal credit for the excellent atten­ Pu dance goes to the members of the Convention Committee under the chairmanship of Andy Sheard. A particular word of thanks La L is extended to Fred Fromhold, Chairman of the Publicity Com­ mittee and his associate, Ed Schmidt. .A Members of the Philadelphia press were treated rto a show­ Con ing of the ALTA film, "A Place Under the Sun." Press kits were distributed and while there were no formal speeches, considerable interest in the Association and the Convention was evidenced by the number of questions asked by the newsmen. The excellent turnout for the press conference assures un­ usually fine publicity for the 1964 Annual Convention. Feature stories have already appeared in some Philadelphia newspapers; a television interview has been promised at the time of the Con­ vention; a complete Convention issue will be published in the im­ portant Eastern Banker magazine.

BELOW: - (left) Philadelphia editors rehix at the Belle vue Stratford Hotet b e­ fore the press conference. (center) Fred Frornholcl. Chairman of the Publicity Committee, outlines Co~ventlon Program for Jules ltind, Ne ws Director of WPEN Itadio. (right) Convention Chairman hearcl briefs the newsmen r egarcllng Con­ vention activities. Press rent ion >Ii city nched July ere nee

Representatives of Philadel­ phia's leacling J>ews media met for lunch with the city's titlemen.

LEFT: Andy h eard (center) scans Convention Program with (left) Gordon Burlingame and (right) Eel Schm.ldt, members of his Committee. "Bud " Herbold Preside At Montana Co

Early in the week of June 7, tragedy struck in Montana. Flood Fails Flash floods and torrential rains swept down upon major metro­ politan areas bringing death and destruction in their wake_ Annual Just two days later with roads, buildings, and railroads still under repair, the members of the Montana Land Title Associ­ ation met in Lewistown for a fine program of business sessions and lively social entertainment. C. J. "Bud" Herbold was elected President while J. L. Cady, Jr., was named Secretary-Treasurer. The meeting opened June 11 with a golf tournament and a reception sponsored by the First Title Insurance Company of Montana. Business sessions included speeches on "Water Rights," "History of Montana," and "Taxes Assessed on Right of Entry." The Annual Banquet was a riot. Floradora girls from the adjoining town did a cancan number that kept the house in an uproar.

BEJ.OW: - (Left) The speakers' tab'le at the Annual Banquet. (Center) Presiding· at the Convention was Oscar allant. Seated is K. D. Smith. (Right) The banquet entertainment took over the head table so every­ one could get into the ~.ct. Press

Ii city ched July ere nee

Representatives of Philadel­ phia's leading :n.e,vs. media met for lunch with the city's ti tlemen.

LEFT: Andy ~hea . rrogram with (left) Gordon Burlingame an

Early in the week of June 7, tragedy struck in Montana. Flood Fails Flash floods and torrential rains swept down upon major metro­ politan areas bringing death and destruction in their wake. Annual Just two days later with roads, buildings, and railroads still under repair, the members of the Montana Land Title Associ­ ation met in Lewistown for a fine program of business sessions and lively social entertainment. C. J. "Bud" Herbold was elected President while J. L. Cady, Jr., was named Secretary-Treasurer. The meeting opened June 11 with a golf tournament and a reception sponsored by the First Title Insurance Company of Montana. Business sessions included speeches on "Water Rights," "History of Montana," and "Taxes Assessed on Right of Entry." The Annual Banquet was a riot. Floradora girls from the adjoining town did a cancan number that kept the house in an uproar.

BELOW: - (Left) The spealrnrs' tab"le at the Annual Banquet. (~nter) Presi

to· Dampen Meeting

ABOVE: - Retiring officers pose for the ALTA earner>~. They are (left to right) Vice President F. B . Weed; Secretary-Treasurer. J{. D. Smith; Presiclent Oscar J. Call ant.

J,Kl<'T: Newly elected President "Bu

Newly electe

Mr. an

l\:Irs. }'. Victor Westermaier is shown with her husband, the immediate past Presiclent of the New Jersey Lancl Title Insurance Association. William J. Stillman with Mrs. Stillman.

ALTA past Presiclent William JI. neatly (foft) greets the Association's Executive Vice Pr,esident, Joseph H. Smith. William J. Stillman, New Jer­ se;y's new President is in the center. I LLI NOi Tl ASSOC

ABOVE: - The Board of Directors of the Illinois Land Title Association take time out from a busy Convention to pose for the ALTA camera.

Retiring President Hartzell Givens giving an account of his stewardship.

The 57th Annual Convention of the Illinois Land Title .A!ssociation was called to order at 9:00 a.m., Thursday, June 18, by Hartzell Givens, the retiring President. On the previous day, Illinois titlemen gathered to renew old acquaint­ ances and to enjoy the hospitality of the host companies at a pre­ convention gathering. Representing t h e American Land Title Association was Jo­ seph H. Smith, Executive Vice President, who reported on "The ALTA and You."

- 24 - It was a busy two days at the Lively workshop sessions mod­ Illinois Convention with business erated by Charles B. Roe, Man­ meetings, cocktail parties, and an ager of the Roe Abstract Com­ pany in Pinckeyville, was outstanding Annual devoted Banquet. to the subject, "Innovation: Some Problems and Answers." Among the important contribu­ tions to the business portion of Charles B. Roe was elected to the program were "Land Develop­ serve as President orf the Illinois ment," "Man's Search for Integ­ Land Title Association for the en­ rity," "Back Along the Right of suing year. Mrs. Marjorie R. Ben­ Way," "Searching the Record for nett, Menard County Abstract Taxes," and "Prospects in Urban Company, Petersburg, Illinois, Renewal.'' was re-elected Secretary.

PLAN NOW

To Attend the

58th Annual Convention SEPTEMBER 20-23, 1964 Bellevue-Stratford Hotel Philadelphia, Pennsylvania

- 25 - An extremely well balanced program was offered to Michigan titlemen and women who attended rthe 62nd Annual Convention of the Michigan Land Title Association, June 28-30, at Shanty Creek Lodge, Bellaire, Michigan.

Ray L. Potter, Vice President and Chief Title Of­ ficer of Burton Aibstract and Title Company, pre­ sided over the opening business session June 29. ALTA's Executive Vice President, Joseph H. Smith, reported on national affairs; and Clem Silvers, Presi­ TYPICAL dent of the ALTA, made an excellent presentation CONVENTION CEN.ES based upon his full years' experience in attending other state association conventions.

E~cellent discussions were held on "Legislation and Judicial Actions," "Uniform Commercial Code," and "Dramatic Changes in the Title Industry to Date."

A cocktail party sponsored by Burton .A!bstract and Title Company, Lawyers Title Insurance Com­ pany, and the Michigan Title Company preceded the Annual Banquet.

Clarence Burton was re-elected as President of the Association for 1964-65. Reid J. Hatfield was named Association Secretary.

- 26 - _Clarence Burton Re-Elected As President of Michigan Land Title Association

TYrlCAL CONVENTION SCENJJJS

R. Earle Graves, Jr. (left) immediate past President, is presented a plaque of ap­ preciation by Clarence Burton. - Z7 - ALTA CONVENTION DELAGATES

WILL DANCE TO THE MUSIC OF THE GLENN MILLER BAND

Andy Sheard, General Convention Chairman, has announced arrange­ RAY McKINLEY ments for the Glenn Miller Band, Born in New York, Lenny Hambro directed by Ray McKinley, to prn­ first began the study of the saxa­ vide dance music a:t the Annual Ban­ phone at the age of fourteen and quet, Wednesday, September 23. while still in high school found him­ The reorgani:mtion of the legend­ self playiing with such musicians as ary Glenn Miller 0 r ch e s t r a has Stan Getz and Shorty Rogers. At brought about several important re­ the age of seventeen, he auditioned unions, not the least of which brings for Gene Krupa at the Paramount leader Ray McKinley and versatile Theatre in New York, •and made it. instrumentalist Lenny Hambro back A few months later, he was called together again. into the Army. Heft, Sauther-Finegan, Machito, Tlito Puente, Tio Rodriguez, etc. He can also be heard on record­ ings with many vocalists and groups, including Fran Warren, Jackie Paris, the McGuire Sisters, the De Marco Sisters, C on n e e Ba.swell, the Ray Charles Singers, Dinah Washington, and Sammy Davis, Jr. And, of course, Lenny recorded with the fine Ray McKinley Organi­ zation. When Ray found himself face d with the job of bringing together the finest musicians available to re­ create the sound and the spirH of the Glenn Miller Orchestra, he im­ mediately thought of Lenny Ham­ bro. At this time, however, Lenny's first release on Columbia Records, "Message from Hambro," was break­ ing big and creating a demand for LENNY HMIBRO perisonal appearances by the Lenny Afte•r his discharge in 1946, he Hambro Quintet. But Lenny couldn't joined Billy Butterfield's new band, resist the opportunity to work once making several recordings with •them again with Ray McKinley and to be and played almost a year with Bobby a part of such an exoiting organi~a­ Byrne'•s band, doing the usual one­ tJion as the Glenn Miller Orchestra. nighters, locations in and o u t of His fans will be happy to know that N eiw York, recordings 1and transcrip­ Lenny's great Quintet music will be tions. a featured attraction with the Glenn Miller OrchesWa., under the direction Lenny left the Bryne Band to study of Ray McKinley. the Schillinger System of arranging with Rudolph Schriamm at N.Y.U. Due to financial difficulties, he was Vocalist, JOAN SHEPHERD forced to abandon his studies and rejoined Krupa on lead Alto. It was duriing this period that he bought a flute and aHer a ishort whi1le he was playing it with the band. AfteT a few years, he was back in New York, • studying the flute 1and clarinet more extens·ively and playing with Pupi Oampo at the Riviera ·in New J·ersey. , In 1951 he joined Ray McKinley on first saxaphone, jazz clarinet, jazz Alto and flute. Since Ray's Band was working out of New York, Lenny found many opportunities to record wiith other bands and eventually found himself signed exclusively to Savoy Records with a small jazz band of his OWIIl. In the last eight years, he has recovded with such bands as Gene Krupa, Billy Butterfield, Bobby Byrne, Russ Case, Chi co O'Farrell, Neal The Good Earth - Home Ownership

By RICHARD A. HOGAN Vice President, Washington Title Insurance Company SEA'.rTLE, WASHINGTON

L'and means different things to tion and the lack of good land !is in­ different people or, perhaps, even to ternationally considered a valid ex­ the same person. It arouses some feel­ cuse for the lack of such develop­ ing in everyone because it is constant­ ment. It is the toy of the legislature, ly underfoot. the plaything of the law, 'and the tool Land is the prime beginning point of the tax gatherer. for all economic and industrial de­ Its most appealing use is for homes. velopment. The minerals which lurk Ownership of a home, be it ever so in its constantly explored depths pro­ humble, may - even ownership of vide industry and labor with the ma­ the smallest equity

THE CASE O F T HE Howiard conveyed the farm to Wil UNDERINSURED OWNER liam Johnson and Sena Johnson, his wife; the deed recited that Howard Sometimes title insurance poldcies was unmarried. Th J. s arrangement are issued for less than the acitual proved to be unsatisfactory to all valuation of the property. Many times parties, and in 1932 William and Sena wit:h tJhe increase in value of real Johnson reconveyed the property to property the amount of ooveraige ori· H. P. Jiaiekson. In 1946 Howard con· ginally obtJained does not cover the veyed the properity to Richaird Smith full value of the property. The need and Mary Smith, his wife. This deed to have pr01tection for the owner in recited that Howard was a wiidower, the amount of his i1nvestment is illus· being the surviving spouse of Thelma trated by the following occurrence. Brown, deceased. He had known Mary In 1920 Howard Brown and Thelma, Smith as a neighbor since she was his wife, and her son by a for.mer a small girl. Mary and Richard Smith marriage, Har.old, moved fmm a mid· had agreed to take aa.re of him for dle-west stJate to the West. While the rest of his life. No tiHe insuirance Harold was driving the car tihey had policy was purchased. 'I1hey perform an accident. Howard Brown was in­ ed their part of the agreement well, jured, and was permanently crippled. and in 1950 Howard died. They drove on to a western state Over a period of years Richard and where they purchased a small rarm Mary Smith spent almost $4,000.0C • .1.ior $6,500.00. The property was con· improving the property. veyed to Howard Browin and Thelma In 1951 they found it necessary tc BrOIWll, his wife. The deed created a bOIITow $2,000.00 on this property. tenancy by the entirety. The West, The mortgagee came to a title office and a crippled Howard, did not hold in the oounrty seat. He placed an or· Thelma's interest and in 1925 she left der for a title insurance policy insur· Howard and returned wi.1Jh Harry to ing Mary and Ric:bla11d Smi1Jh in the the state in which they had originally amount of $2,000.00. The mortgagee hlved. said that he did not desire to issue Howard Brown stayed on the farm a po1icy for the full value of the with the help of his good neighbors propertty, but just wanted to cove1 who drove him to town and assisted 1Jhe am{)IUl!lt of his loan. 'I1he tiitle ex him ait home. In 1931 iin consideration aminer failed t·o require the appldoant of an agreement to live wi'tih him and to produice the death certtifioate ot caire for him for the rest of hiis life, Thelma Brown, aoo instead relied on - 32- the recital in the deed. The policy 'haM interest in tlhe property as ten· was issued insuring the Smitlhs. ants in common. So Thelma J ones, Later in the same year the same formerly Thelma Brown, owned one· title office received an inquiry from haM of the Smi'!Jh farm. another title company in a neighbor· The property was appraised as hav· ing state asking it to make a searoh ing a pres·ent value ·of $8,000.00. A for any property in ttheir county in paritition suit wa•s ini•tiated by t he the names of H o w a rd or Thelma Joneses and the court decreed th'at the Bmwn. The title office reported that prioperity would be sold, and that the they could find no properity on t!he proceeds of the sale would be ev·enly tax rolls in these names. distributed between The '1 ma J ones A few weeks later George Jones and Mr. and Mrs. Smith, wilJh an · oame into the same office. He an· allowance for t he improvements by nounced tlhat he was m arr i e d to !Jhe Smiths. Thelma Jones, f or me r 1 y Thelma The title compa•ny paid $2,000.00 to • B:t'own, and that Thelma, instead of their insured, the Smiths, and the being dead, was very muoh alive. He Smiths had tto put almost an equal t-old 1Jhe title company thait afteir amount with this in order t o obtain 'Dhelma returned to the mid-west, she a deed from Thelma J ones. sued Howard Brown for dliviorce and By paying a small addiiti·Olllal pre 1:thait a decree of diviorce was entered. milllill at the time the policy was By the laws of the western state the ordered, insurance could have been divorice decree teI11Ti ina1ted 1:the tenan· obtained for the f uH vialue of the cy by the entirety between Howard prioperty and the ent ire loss would and Thelma and eaeh of them be· have been the responsibility of the came the owners of an undivided one title company. Meeting Timetable

SEPTEMBER 10· 11·12 OCTOBER 18· 19-20 North Dakota Title Association Ohio Tit le As sociation Holiday Inn Motel Commodore Perry Hotel Tol edo, Ohio Bismarck, North Dakota SEPTEMBER 11·12 OCTOBER 22-23-24 Wisconsin Title Association Kansas Title Association U phoff's Motel Lake Delton, Wisconsi Town House Hotel Kansas City, Kansas n SEPTEMBER 11-12 OCTOBER 25-26-27 Utah Land Titl e Associat ion Missouri Land Title Association Ramada Inn Salt Lak e City, Ut ah Belair East Motor Hotel SEPTEMBER 20-23 St. Louis, Mi ssouri ANNUAL CONVENTION NOVEMBER American Land Tit le As sociation 8·9-10 Bellevu e Stratford Hotel Indiana Land Title Association Philadelphia, Pennsylvan ia Claypool Hotel Indianapolis, Indiana

SEPTEMBER - NOVEMBER 12·13-14 Loui siana Titl e Association Flo ri da Land Title Association Roosevelt Hotel New Orleans, Lou isiana Lucayan Beach Hotel Fre eport, Bahamas OCTOBER 11-12-13 NO Nebraska Titl e Asso ci ation ·VEMBER 13-14 New Tow er Hotel Courts Land Title Assoication of Arizona Omaha, Nebraska Pho e nix, Arizona ·~.;-•·

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