TLE NEWS The Publication of VOL. 9 The American Title Association NO. 7 ••••••••••••••••••••••••••••••••••••• Absolute Accuracy-Greater Speed Lo-w-er Cost Assured in Making Your Records with Photographic Precision, with the

[A n e w Rectigraph booklet contains full data on the use of pho­ tography in title work as well as cost estimates and suggestions f o r proper installations un­ der various conditions. Write for a free copy today.]

The photographic method of copying is in­ sizes and types to suit any requirement in Ab­ fallible; everything in the original instrument stract and Title work. There are Simplex Recti­ must show in the photo copy. No comparing graphs making copies on only one side of the necessary as there is no chance for an error. sheet and the Duplex machines making copies on Alterations are impossible without instant detec­ both sides of the sheet. Any instrument can be tion and with a Rectigraph machine the complete copied original size or enlarged or reduced to process is so simple and convenient that copies any practical size desired. can be made by any clerk at the rate of one a The model illustrated is the Super Rectigraph, minute or less. the machine which "does it all" exposing, de­ When your "take-offs" are RECTIGRAPH veloping, fixing, washing and drying the prints PRINTS you have an absolute copy of the record, all within the machine itself and requiring but so when compiling an abstract there is no guess­ one operator for the complete process. ing as to what the record is. Trips to the Re­ corder's Office for verification are a thing of the The new Rectigraph book is full of interesting past. information for you. Be sure to write for your Rectigraph machines are made in a variety of copy at once. .RECTIGRAPH COMPANY, ROCHESTER, N. Y. Originators and Manufacturers of Photo Copying Machines Since 1906 CWcago Los Angeles New Y<;>rk Philadelphia Toronto Pittsburgh Boston Cleveland Kansas City Paris Washington London ••••••••••••••••••••••••••••••••••••• When Writing to Rectigraph- Mention TITLE NEWS = ...... A Trusted Messenger Three-Quarters of a Century Ago-and Today

BYRON WESTON CO. LINEN RECORD MPORTANT records of cities, counties Is used where ONLY THE BEST will serve Records Deeds and Wiiis Pollcles Stationery I and states have been made on Byron Minute Books Ledgers Maps WAVERLY LEDGER Is used where QUALITY AND COST ARE FACTORS Weston Co. Linen Record paper for nearly Blank Books Ruled Forms Pass Books Drafts three-quarters of a Stationery Legal Blanks Diplomas century, and these rec­ CENTENNIAL LEDGER is used where a GENERAL UTILITY PAPER ls required ords offer mute evidence of the durability Ruled Forms Broadsides Accounting Forms Stationery Pass Books Leg a I Blanks and permanence of that P.aper. FLEXO LEDGER Is used where a FLAT LYING LOOSE LEAF sheet ls desired For High Grado Loose Leaf Ledger Sheets and Today, Byron Weston Company paper Special Ruled Forms TYPACOUNT LEDGER is used where are made to the quality and permanence are required In same high standard. The Machine Po1tlng Forms seven papers listed here offer you the choice WESTON'S MACHINE POSTING LEDGER a grade below Typacou nt- But Made to the of a first-class paper for any purpose. Same Exacting WESTON Standard

If you are not fam iliar with the complete Weston line, DEFIANCE BOND is used where a please se nd for samples. quality bond OF HIGHEST CHARACTER counts BYRON WESTON COMPANY A f arnily of paper makers f or nearly three-quarters of a century DALTON, MASS., U. S. A. Leaders in Ledger Papers

When writing t Byron Weston-mention TITLE NEWS Handy Reference Volume FOR TITLE MEN THE Western States Growth and MICHIGAN Progress Number CALIFORNIA REAL EST ATE MAGAZINE TITLE ASSOCIATION {+) will hold its Annual Convention PAPER BOUND, $1.00 PER COPY CLOTH BOUND, $1.50 PER COPY in

(+) MUSKEGON September 4-5-6, 1930 USEFUL FOR The Title Man The Title Attorney The Title Executive · The Title Examiner The Title Association Official

{+) The Annual Convention CALIFORNIA REAL oF EST ATE MAGAZINE THE PUBLISHED MONTHLY $3.00 Per Year, Including State Growth and KANSAS Progress Number TITLE {+) ASSOCIATION will be held in Order From TOPEKA CALIFORNIA REAL ESTATE ASSOCIATION September 8-9, 1930 117 West Ninth Street Los Angeles, California

2 TITLE NEWS Volume 9 JULY, 1930 Number 7 Published monthly at 404 N. Wesley Ave., Mount Morris, Ill. Editorial office, Chicago, Ill. Entered a s second-class matter, Dec. 25, 1921, at the post office at Mount Morris, Ill., under the Act of March 3, 1879. All communications for publication should be addressed to the American Title Association, 111 W est Washington. St., Chicago, Ill.

Published Monthly- by THE AMERICAN TITLE ASSOCIATION Editor Advertising Representative RICHARD B. HALL $3.00 Per Year ORSON ANGELL 111 West Washington, Chicago, Ill. - 850 Graybar Bldg., New York Editor•s Page

HERE is a jingo-man m the title will always remain on the same level­ established one. It's honestly sad to business. His name is-"The usually a very low level, right down in hear so many times the same old story TOther Fellow." He muddies-up the gutter. from so many places-that no money is the water, keeps the bucket kicked over, being made because of the price mainte­ and disrupts the order of things by THEY'LL get the business anyhow, nance condition. playing lone wolf, the game of "me­ I so why not get it on a profitable all-by-myself," and gets his business by and price-maintained basis, rather UT it's apt to change. Business has the slinking method of cutting prices, than on a cellar-rat proposition? They'll Bdiminished-might as well be frank giving ?Jig concessions and commissions. all meet e ~ ch other's prices anyway, so about that and not try to kid oth­ ers, much less ourselves-and there are It surely would be a great thing if why not meet on a high ground? no prospects that it will improve im­ all these other guys could be produced. OME think they will create more mediately. Why don't the various state associations title orders by reducing prices. As long as there was a volume and adopt as a slogan for their next conven­ SThis is a terrible idea. People the income exceeded the overhead, it tions, "Bring the Other Guy"? Get don't use an abstract or title policy was fine. But now that the number of him there by dragging, kidnapping, or until and unless they absolutely have orders has dwindled, it's going to be a otherwise. Maybe there wouldn't be so to have it. The price makes no differ­ case of struggling along, or, as will be many other guys either. The other guy ence so far as the necessity or demand the case with the price cutters, of hav­ sometimes says it's the other guy, too, is concerned. ing to close up shop and "go back to and sometimes it is. the mines," or elsewhere. ~ "other guy" is always a bull- ANYHOW it's ridiculous-disgust­ 1 ~eaded cuss too; just can't do a ONEY <:ould be made in the title ~ ing in fact-to see how really thing with him. It is now getting business easier than in any other. few places there are in the coun­ to be ~ he custom for abstracters in the M It's a necessary business; they try where there is no such thing as this same town to speak together, but this have to go to those in it when needed, "other guy." It seems as though in has been on the increase in just the last and since there are no orders except for nearly every place some one or more few years. It's too bad, for it's a costly needed business, it most certainly is hard are in the title business who use as their propos1t1on. Other businesses-barber­ to understand why there is so much sole stock in trade personality, and ing, undertaking, laundrying, dry clean­ bidding for business by price-cutting, methods of getting business, price-cut­ ing, law, plumbing, and all others-not when the same ones could get the same ting and concession giving. only speak, but work hand in hand and work on a profitable basis. It's the perfect example of asininity. have m:tde their businesses profitable. There are only so many title orders in HE title business has never been sold -... any community. They are going to be UT not so the title business. It is except on a selling argument of handled by those in the business, so peculiar and unique, and each T cheapness and low price. It's a whether one or a dozen. No others Bcompany has very extraordinary service proposition of great value. Why are going to do them, and some one condifr>ns and circumstances. don't those in the business try to sell with a brain storm that cuts prices to As a result, in so many places, the it as a commodity-one of great value get them is only kidding himself. The business is suffering because a cut price and worth-rather than just on an un­ other guy can cut, too, and the thing schedule is maintained instead of an derbidding proposition?

1930 CONVENTION, RICHMOND, VA., Oct. 7-8-9-10 3 Repose for the Title Examiner

This delving into musty lore, Just overruled ·or modified, 'Midst legal cobwebs I deplore, So as to raise some questions new And yet am bound to snoop around, Of jurisdiction or venue. Where buried errors may be found, Or of plaintiff's right to sue, And as the antiquarian rakes, Or case we chanced to overlook So I must search for old mistakes, Back yonder in old shelf-worn book, And though my own would keep from And though John Doe had acted for sight And thought he was executor Bring those of wiser men to light. Of the estate of Richard Roe Like deeds not executed right, Cum testamento annexo, Or misdescribing land or lot, Was ab initio de son tort, Or wife or husband who forgot As held by court of last resort, To sign or state was married not, For no petition for probate Or notary who omitted to Was ever filed in the estate, Affix his seal when he got through, And though he made a full divide, Or have a witness, witness too, And all the heirs were satisfied, Or will some fine old banker drew, And all the creditors have died, But failed to tell how to construe And fifty years have passed beside, Or mortgage that has not been seen, And though the statute has begun Or taxes, or a judgment lien, Or mortgage paid, but not released For the third time its course to run, And held by assignee deceased, The court may yet make dough of Or corporation deed not sealed, Doe Or law amended or repealed And all proceedings had below, Or by decision nullified, Though I'm inclined to think she will Or case on which we had relied Will be the will of Richard still. Status of the Lien of Federal Judgments*

By W. T. STOCKTON** Jacksonville, Fla.

and we will deal with that pro­ HE decision in Rhea v. Smith (Mo. practical construction of the power of tions, later. The main rule is as stated 1927) 47 S. Ct. 698, 274 U. the courts of the United States, whether viso to every state, unless the T S. 434, 71 L. Ed. 1139, has caused the lien was held to be created by the and applies has not been complied with. a tremendous amount of study and dis­ issuing of process or by express statute. proviso The first case in the federal courts cussion throughout the United States. Any other construction would materi­ the question after the pas­ The opinion in that case by Mr. Chief ally affect, and in some degree subvert, to consider of this Act was Dartmouth Sav. Justice Taft held that Missouri had the judicial power of the Union. It sage v. Bates (C. C. Kan. 1890), 44 failed to conform to the Act of Con­ would place suitors in the state courts Bk. 546. This case is frequently cited, gress of 18 8 8 and that, therefore, the in a much better condition than in the Fed. it is, therefore, important to know lien of a judgment rendered in the federal courts." and this case held. Kansas had passed United States District Court of that In this state of the law, Congress what Act which was obviously intended state extended throughout its district. passed an Act on Aug. 1, 1888, now to an comply with the proviso of the Act. Very naturally the national title in­ be found in U. S. Comp. St. 1916, Sec. to question arose whether it had done surance companies were particularly 1606; 4 Fed. Stat. Ann. (2nd Ed.) The In deciding that it had, the Court perturbed. The New York Title & 608; Ch. 729 25 Stat. L. 357; and in so. as follows: Mortgage Company, through its solici­ U.S. C. A., Tit. 28, Sec. 812. The Act stated "The first clause of the Act places tor, George S. Parsons, has published a liens in a federal court on the pamphlet entitled "The Lien of Federal The decision of the Supreme Court judgment same footing in all respects as a judg­ Court Judgments in the Various States States in Rhea v. Smith of the United lien in a state court of general of the Union." The conclusion of this ment has thrown the spotlight on the question But the power of Con­ pamphlet, rather astoundipg, is that jurisdiction. of Federal liens and called for an · in­ gress was not adequate to the task of there are twenty-three states in which extending the territorial operation of a the necessary legislation to secure con­ terpretation of conformity. judgment lien in the mode provided by formity has not been adopted. There­ subject have Several articles on the state laws for a judgment in the state fore, the question is undoubtedly of appeared in · former issues of TITLE court. >:- >:- >:- Congress could not make great national importance. NEWS and here's another discussion it obligatory on the state clerks to Analysis of Act of 1888 of some of the salient points involved. docket and enter a judgment of a fed­ The question involved, to be under­ eral court on their records. But it was stood, should be considered, not only in itself originally contained three sections. entirely competent for the state to re­ the light of its history, but also in the Subsequently the third section was quire her clerks to perform this service, light of an analysis of the Act of Con­ amended and afterwards repealed. Sec­ and the proviso in Section 1 of the Act gress of 18 8 8, which is at the basis of tion 1 of the original Act remains in declares, in legal effect, that when the the matter, and in the light of an force and that is all with which we are laws of a state provide for docketing in analysis of the Rhea v. Smith case itself. concerned. her clerks' offices, or other offices, the In 1849 the United States Supreme Briefly, Section 1 of this Act pro­ judgments of federal courts, in the Court, speaking through Mr. Justice vides that federal judgments-decrees same manner that judgments in her McLean, handed down a decision in the also are to be included in this terminol­ own courts may be docketed, then, and case of Massingill v. Downs (Miss. ogy-shall be liens throughout a state not before, the territorial extent (in 1849), 7 How. 760, 768, 12 L. Ed. in the same manner and to the same ex­ other respects they were already the 9 0 3. This decision has been regarded tent and under the same conditions same) of the lien of a judgment in a as the fountainhead of the rule therein only as if such judgments had been ren­ federal court in that state shall be the set forth as follows: dered by a court of general jurisdiction same as that of a judgment in the state "In those states where the judgment of that state. In other words, Congress court." on the execution of the state court cre­ did not give up its rights to fix the The next case dealing with the ques­ ates a lien only within the county in terms and conditions of a federal lien, tion was Cooke v. Avery (Texas 1893) which the judgment is entered, it has but affirmatively enacted that liens of 13 S. Ct. 340, 147 U.S. 375, 37 L. Ed. not been doubted that a similar proceed­ federal judgments should be in exactly 209. Mr. Chief Justice Fuller, after ing in the circuit court of the United the same category as the liens of judg­ considering the general question, shed States would create a lien to the extent ments of state courts of general juris­ light upon its history as follows: of its jurisdiction. This has been the diction. It made no difference what a "There was no law of Congress, how­ state should enact as to the li~n of its ever, prior to Aug. 1, 18 8 8, which ex­ that same thing was to pressly gave a lien to the judgments of *This article appeared in the American own judgments, Bar Association Journal, and is reprinted by be true of federal judgments. The Act the courts of the United States or reg­ magazine and the author. permission of this contained a proviso that this rule should ulated the same, but on that day an Act • •w. T. Stockton of the Jackson.ville, Fla., approved, which made such judg- bar. not be applicable under certain condi- was 5 ments liens on property throughout the judgments to attach. Now Congress of its own judgments may attach, as state in which the federal courts sat, in has no power to require any state to follows: 1. Registering. 2. Record­ the same manner and to the same extent permit the recording or additional thing ing. 3. Docketing. 4. Indexing. 5. and under the same conditions only as if to be done for federal judgments. The " Or any other thing to be done." rendered by the state courts." power to permit such things is vested Obviously, the intention is to cover solely in the several states. all the known different kinds of state Powers of states in the premises While Congress could not require a requirements with a general inclusion to Obviously, a state has no power to state to permit the recording or addi­ cover any extra or new requirements. provide a different ruk The only tional thing to be done for federal judg­ At any rate, if a state requires any of thing a state can do is to legislate con­ ments, it could provide that unless ex­ these five things to be done for its own cerning the lien of its own judgments, press permission was given by a state, judgments before a lien may attach, and whatever rule it e>tablishes will the general rule indicated by this Con­ then the state must authorize the same apply to federal judgmznts, provided formity Act of 18 8 8 should not apply. one of these five things to be done for only that if for its own judgments This is exactly what was done. federal judgments. If it does, the Act something more than the mere rendi­ After setting forth the general rule, applies; and if not, the Act does not tion of the judgment has to be done, Congress then provided that if any apply. In other words, if a state re­ then the same thing must be authorized state required any recording or addi­ quires that a state judgment, in order to be done for the federal judgment. tional thing to be done then before the for a lien to attach, must be registered One of the purposes of this paper is Act should apply that state should also in a particular way, then that state to assist in pointing the way to desir­ expressly authorize for the federal must expressly authorize a federal able legislation. To arrive at satisfac­ judgments such recording or additional judgment to be registered in the same tory conclusions, we must first analyze thing to be done. way. If it does, the Act applies; and Rhea v. Smith and the Act of 1888. Let Thus the Act resolves itself into two if it does not, the Act does not apply. us take the Act first. We are concerned main parts: (1) the enactment of the In many states, as in F '. orida, for in­ only with Section 1 as heretofore ex­ general rule; ( 2) the condition neces­ stance, the lien of a judgment of a plained. That Section as set forth in sary for application. The condition it­ court of general jurisdiction attaches 4 Fed. Stat. Ann. (2nd Ed.) 608 reads: self does not apply unless there is some upon rendition throughout the county "That judgments and decrees ren­ state requirement for recording or ad­ and the only requirement for the lien to dered in a circuit or distr:ct court of ditional thing to be done. If there is be extended throughout the balance of the United States within any state shall nothing of this kind, then the whole the state is that a certified copy of the be liens on property throughout such proviso is of no effect and the main judgment must be recorded in a par­ state in the same manner and to the rule will operate, but if there is a state ticular book in the other counties. same extent and under the same condi­ requirement of recording or something Therefore, if a state should expressly tions only as if such judgments and de­ additional to be done before the lien of authorize a certified copy of a federal crees had been rendered by a court of a state judgment attaches, then the judgment to be recorded in the same general jurisdiction of such state: Pro­ main rule is not to operate unless the book in every other county of the state, vided, That whenever the laws of any state also expressly authorizes the re­ the Act would apply. Then a federal state require a judgment or decree of a cording of, or other additional thing to judgment would be a lien outside the state court to be registered, recorded, be done as to, the federal judgment. county where rendered only if re­ docketed, indexed, or any other thing The proviso does not necessarily re­ corded as authorized. to be done, in a particular manner, or quire any state action whatsoever. If, If a state does not require that its in a certain office or county, or parish for instance, a state provides that the own judgment be registered, recorded, in the state of Louisiana before a lien lien of a judgment of its court of gen­ docketed or indexed, but does require shall attach, this Act shall be applicable eral jurisdiction upon rendition shall ex­ any other thing to be done, then that therein whenever and only whenever tend throughout the state and nothing state must expressly authorize the same the laws of such state shall authorize more is required, then in that jurisdic­ thing to b2 done for federal judgments the judgments and decrees of the tion the lien of a federal judgment sim­ so as to provide conformity to the rules United States courts to be registered, ilarly extends throughout the state on and requirements relating to the judg­ recorded, docketed, indexed, or other­ rendition. In this illustrat'.on there is ments and decrees of the courts of that wise conformed to the rules and re­ nothing more required by the state. state. In some states there is nothing quirements relating to the judgments Therefore, the proviso has no applica­ else required but recording. We are and decrees ot the courts of the state." tion and the main rule applies. not, therefore, concerned in those states Examining the various publications with this fifth category of extra things. Provisions of Act of Section 1 of this Act of 1888, we And similarly we are not concerned The Act itself is very carefully find that it appears mostly in one sen­ with this last category if the only other drawn. First, it lays down the broad tence with a colon and "provided that" thing required is registering, docketing general rule that federal judgments shall separating the main rule from the pro­ or indexing. be liens in the several states just as if viso. In the U. S. C. A. there is a The Act of 1888 is in its policy most they had been rendered by the courts period after the statement of the main cordial and generous. It lays down the of general jurisdiction of such states. rule. The proviso starts off without any rule that the lien of a federal judgment In Missouri, for instance, the circuit "provided that." There is no other in a particular state is 'to be exactly the courts are the courts of general juris­ difference to be inferred therefrom ex­ same as the lien of a judgment of a diction. Thus the same rules which a cept only that the meaning thus appears court of general jurisdiction of that particular state provides as to the liens more clearly. state. The only condition attached to of judgments of its courts of general this rule is that whatever extra machin­ jurisdiction are to be in effect for fed­ Classes of state requirements ery a state requires to effect the lien of eral judgments. Let us now proceed to examine in de­ state judgments shall also be authorized But Congress could easily see that tail the proviso of the Act. It will be for and placed at the disposal of the the different states frequently made noted that five different classes of federal judgments. Now, a state may rules for recording or doing something things are contemplated as possibly be­ fail to provide that its own machinery additional in order for the lien of state ing required by a state before the lien be placed at the disposal of federal judg- 6 ments. If it so fails, the Act does not necessary laws for carrying into execu­ The opinion, after a statement of the apply, but a state has no power to tion all powers vested in the United facts and a few references, cites Mas­ make any rules whatsoever for the lien States. The Judiciary Acts of 1789 singill v. Downs, supra. We have al­ of federal judgments except indirectly provided for the rules and processes in ready seen that this case is recognized by laying down the rules for its own federal courts. The Process Act of as the fountainhead for the rule that judgments. The state never had any 18 2 8 further defined matters. Thus the lien of a federal judgment extends such power before the Act of 18 8 8, nor federal courts, their rules and proc­ throughout its district. As heretofore has it had any such power since that esses, even to the territorial lien of its pointed out, this rule continued until Act. judgments, are governed by the Consti­ the Act of 18 8 8. The opinion then tution of the United States and the sets forth that Act in full. Effect of Law Discriminating A gainst Acts of Congress passed in pursuance Next, the opinion proceeds to set a Federa l Ju dgment thereof. This is clearly established by forth the three sections of the Missouri Wayman v. Southard, 10 Wheat. 1, 6 If a state should attempt to pass any statutes. It then proceeds to state that L. Ed. 2 53, in which Mr. Chief Justice law to discriminate against a federal Congress intended to change the other Marshall, considering these matters, judgment, the law would have no ef­ rule, but held that there was no doubt whatever fect. It would be contrary to the "Only in those states which passed but that Congress had fu'.l power to fundamental law. The national gov­ laws making the conditions of creation, carry into execution all the judgments ernment alone has the right co settle scope, and territorial application of the of the federal courts. If this is so, the rules for the federal courts and the state liens of federal court judgments the legislation on the subject must be un­ lien of its judgments. The state may !lame as state court judgments." constitutional. not in any way change those rules, ex­ This is practically true, but Our analysis of the Act of 18 8 8 may a rather cept in so far as the change is expressly dangerous statement of the effect of the then be summarized as follows: That permitted by an Act of Congress. But statute. Full force must be given the Act sets forth a main rule; that this to the Act of 1888 does not authorize a the word " conditions," or otherwise the rule is that federal judgments shall have state to make any rules for the lien of meaning will be entirely lost. In the same lien as the state provides for other a federal judgment different from the words, if a state makes the conditions its judgments of courts of general juris­ rules it makes for the lien of a judg­ the same the Act shall be effective. It diction, whatever that may be; and that ment of it~ own courts of general juris­ does not mean that a state the Act is applicable without further must pass diction. In fact, that Act does not laws making the creation, ado unless a state requires something scope and authorize a state to make any rules at territorial application of liens of more to be done for the lien of a state federal all for the lien of a fed ~ ral judgment judgments the same as of state judgment to attach, and that if some­ judg­ except only that under certain specified ments. The meaning is merely thing more is thus required to be done, that the conditions the same rules made by a conditions then the state must also provide that of these things must be the state for the lien of a judgment of its same. Thus, all the state can the same thing shall be authorized for do is own courts of general jurisdiction shall either to make the conditions the federal judgments, and that if under same likewise apply to federal judgments. or these circumstances the state does pro­ fail to do so. Failure in making the Thus indirectly, and only so, can a conditions the same will result vide the same thing, the Act applies and in the state affect the rules concerning the lien Act not operating, the main rule is in effect. while making the of a federal judgment. If a state passes conditions the same will result in the a law which in terms attempts to dis­ Po int invo lved in Rhea V . Smith case Act applying. State action attempting criminate against a federal judgment, it We are now ready to examine the to put an additional burden upon fed­ is without any authority of Congress, Rhea v. Smith case. The exact point eral judgments not put upon its own and, therefore, will not be enforced. It involved was whether a federal judg­ judgments is merely ineffective and of would be futile and the attempt of no ment was, upon its rendi tion, a lien in no avail. All this is necessary to be avail. The excessive authority assumed the county where rendered without pointed out, because many in reading would be declared of no effect. It further action. Three $ections of the the decision have failed to grasp the full would be unconstitutional and void ab Missouri statutes were involved. Sec­ force of the word "conditions." initio. tions 15 5 5 and 15 5 6 (Mo. Rev. Stat. The opinion, after stating the rule The Act of 18 8 8 is not concerned 1919) provided that judgments ren­ just quoted, which carries the germ of with the motives of states or even with dered by any court of record should on the decision, proceeds to apply it to the their attempt to do an unwarranted the day of rendition b ~ come liens Missouri statutes. It continues that if thing. No state legislature can dis­ throughout the county where rendered. effect is given to those statutes, a fed­ criminate against a federal judgment Section 15 5 4 provided that federal eral judgment cannot be a lien in the and its lien. Federal courts under the judgments and judgments of certain county where rendered unless a tran­ Constitution are the creatures of Con­ high state courts should b ~ liens upon script is fi led. Does not this pronounce­ gress, not of the states. The Act of filing transcript with the clerk of the ment quite overlook the rule of decision Congress ignores all attempts at dis­ circuit court. No trans:::ript of the of Metcalf v. Watertown, 15 3 U. S. crimination. They merely.. fall by the federal judgment involved in this case 671, 14 S. Ct. 947, 38 L. Ed. 861? In wayside. It is concerned, however, had been filed. The decision was that, that case Mr. Chief Justice Fuller had with having equal machinery so that a nevertheless, the federal judgment was before him the statutes of limitation of federal judgment can be in the same a lien. What was the reasoning of the Wisconsin. The words of those statutes category with judgments of courts of opinion? appeared to say that ten years was the general jurisdiction. That done, the In the first place, it held that in Mis­ bar "upon a judgment ,;. >:· ,;. of any Act of Congress is satisfied, and the souri the conformity required should court of the United States," while it was main rule prevails. obtain with respect to the circuit courts twenty years "Upon a judgment ::- >:· '' The United States Const"tution, Art. and not with respect to the high state of any court of record of this state." III, Sec. 1, provides for a Supreme courts. Therefore, we shall hereafter Note that the language "any court of Court and such inferior courts as Con­ refer to the circuit courts in place of record" is the same both in this Wiscon­ gress may establish, while Art. I, Sec. using the longer phrase of "courts of sin case and in thi~ Missouri case under 8, gives Congress power to pass all general jurisdiction." discussion. Pertinent ~entences from the 7 opinion of Mr. Chief Justice Fuller are ion shows, there is no doubt about it. rendered. Before 18 8 8 the lien at­ as follows: Examination of the cited case shows tached on rendition, not only in its home "We are not obliged to take those that as to both judgments of state and county, but throughout the district. words literally, but they are open to federal courts enrollment is required, After 18 8 8 this rule continued unless construe tion." but that a state judgment when enrolled the Act of that year applies. Now, if And again: becomes a lien dating back to rendition the Act applies, the lien of the federal "The true rule for construction of -by words of the Mississippi statutes­ judgment is to the same extent and statutes is, to look to the whole and but so far as those words go, federal under the same conditions only as the every part of the statute, and the appar­ judgments do not date back. Now, lien of the state judgment. Therefore, ent intention derived from the whole, either a federal judgment upon enroll­ if the state judgment requires nothing to the subject matter, to the effects and ment, in spite of the apparent favor to more to be done for a lien to attach consequences, and to the reason and the state judgments, becomes a lien from in the county where rendered, so noth­ spirit of the law; and thus, to ascertain rendition or the Act is not in conform­ ing more needs to be done for a federal the true meaning of the legislature, ity. It may be safely concluded that judgment lien to attach. though the meaning so ascertained may the opinion in Rhea v. Smith approves The opinion in Rhea v. Smith con­ sometimes conflict with the literal sense the cited decision. We may, therefore, cludes that as the Missouri statutes do of the words." conclude that a federal judgment in not secure the needed conformity the By application of these rules the con­ Mi~sissippi upon its enrollment similarly lien of a federal judgment ill Missouri clusion was reached that "any court of becomes a lien dating back to its rendi­ attaches throughout the district. This record of this state" included United tion. The opinion does not expressly appears to overstate the requirements of States courts held within the state, and hold this, but if the state has conformed, the case. The only actual question be­ ·the twenty-year rule applied. The ten­ the main rule of the Act is bound to ap­ fore the court was whether the federal year rule in so far as it applied to United ply, namely, that the lien 'of the fed­ judgment was a lien in the county where ' States judgments was held to refer only eral judgment shall be the same as that rendered without any transcript being to such judgments as were entered in of the state judgment, and this rule, filed in that county with the clerk of United States courts held outside of therefore, in Mississippi requires a rela­ the circuit court. The irreducible Wisconsin. The opinion held that the tion back. What the Mississippi case minimum of the decision is merely that Supreme Court could not attribute to actually decided was that, enrollment the federal judgment in question was a Wisconsin any desire to discriminate within twenty days of all judgments be­ lien in its home county without further against United States judgments. ing required, and the federal judgment recording. The case may properly be If this rule of interpretation had been involved not having been enrolled quoted as authority for that conclusion applied, Section 15 5 5 of the Missouri within that time, the judgment was not and for no more. The rest is obiter dicta. statutes would have been construed to a lien at all. include United States judgments, es­ Again discussing the Missouri opinion Effect of Decision pecially as the Supreme Court ought with regard to the arguments based We are informed that the decision of not to imply any desire to discriminate. upon the repeal of the additional section Rhea v. Smith has led many to seek an This reasoning may not be applicable, of the Act of 18 8 8, the Supreme Court amendment of the Act of Congress of but it appears to be very much in point. disposes of those arguments and con­ 18 8 8. The matter has even gone so far The opinion in Rhea v. Smith next tinues: as to have the attention of Senator G. deals with the decision of the Supreme "It is the inequality which permits W. Norris, Chairman of the Judiciary Court of Missouri, from which certiorari the lien instantly to attach to the rendi­ Committee of the United States Senate. had been taken. The Missouri Court had tion of the judgment without more in However, it is difficult to see what taken the position that the difference the state court which does not so at­ good could be thus accomplished. Any between the requirements for federal tach in the federal court in that same new Act or amendment must necessarily judgments and for circuit court judg­ county that prevents compliance." face the same necessity for some state ments was so slight that there was no For the reasons stated hereinabove, action just as the Act of 18 8 8 did, and discrimination. This very properly was the quoted section seems not to be en­ if so, must similarly carry a proviso answered by saying that the conformity tirely supported by the Act. The only just as the former Act. This being the required should obtain as between the thing which can prevent compliance is case, the situation would not be im­ federal court and the circuit court, and the failure of a state to permit the proved but rather further complicated. not as between the federal court and the same thing to be done for a federal Many states have already complied with state appellate courts. The word "con­ judgment as is required to be done for the Act of 18 8 8, and in these states, as formity" is again used, but again passed a state judgment before the lien at­ well as the others, further state action over without any definition. Approxi­ taches. The state cannot and never did might then become necessary. mate conformity is held insufficient have, either before or after the Act of Certainly it appears that it would be and this is illustrated. The reasoning is 18 8 8, the power to do anything to pre­ better for the non-complying states to beyond dispute. vent the lien of a federal court judg­ proceed with the necessary legislation Then ensues a discussion of Jackson ment from attaching in the county under the existing Act, since it is easier Light & Traction Company, 269 Fed. where rendered if nothing more was so to do once this Act is understood, 223, to the effect that in Mississippi required for a state judgment for its thari for the whole situation to be com­ conformity existed. So far as the opin- lien to attach in the county where plicated with another Act of Congress . .

8 Compiled from Recent LAW QUEST IONS Court Decisions by McCUNE GILL AND THE Vice-President and Attorney Title Insurance Corpor a tion of St. Louis, COURTS , ANSWERS St. Louis, Mo.

Is devise of "all my possessions" an even though son had no children, and h ence there were no exercise of a power of appointment? representatives of the class in existence. Schneider v. Wolf It is in Wisconsin. First v. Helmholz, 225 N. W. 181. 166 N. E. 679 (Ohio) .

Is grantee, personally assuming mort­ Who is entitled to rents of tenancy by gage, liable, if his grantor is not person­ ally liable? entireties? The husband only, in Massachusetts. Cunningham v. Gan­ Not liable; because he assumes only the liability of his ley, 166 712. grantor. Worthington v. Hess, 225 N. W . 225, (South N. E. Dakota) .

Is color of title necessary to support If trust agreement names three trus­ tees, and one declines to act, can the adverse possession? others act? Not if occupant claims under verbal gift and has erected improvements. Davis v. Biddle, 166 N. E. 301 (Indiana). No; a third trustee must be appointed by court. Loug­ hery v. Bright, 166 N. E. 744 (Massachusetts).

Does adverse possession of owner bar Is devise good if "to Mary for life the city's sewer easement? with power to appoint by will to such Usually not because statutes of limitation do not run charities" as she may wish? against holdings for a public purpose. Bach v. City, 166 Sometimes held void, as too vague, but held good in Mas­ N. E. 495 (Illinois). sachusetts, Reilly v. McGowan, 166 N. E. 766.

When is insane person's deed good? It is good if he is not under guardianship and the pur­ chaser did not have reason to know of his condition. Gold­ RECORDS berg v. McCard, 166 N. E. 793 (New York). PERMANENT

Can executrix waive staftte of limita­ Abstracts--Deeds--Wills --Records tions barring claim against estate? No; it will be barred any way. Everett v. Waltham, 166 Should A l ways B e N . E. 831 (Massachusetts). Written Wi th I nks BEAVER of Assured P erman en ce Is a clause valid in a building restric­ Ribbons and Carbon Papers tion, authorizing the grantor to change Inked or cancel the restrictions? Made with Held good in Ohio, if exercised reasonably, Dixon v. Van Sweringen, 166 N. E. 887. Pigment I nks Ground to Velvet Smoothness, on Unusual Fabrics for R ibb ons, and R are Tissues for Car bon P a pers, D eliver Per man ent Copies of Is an abstract by an irresponsible ab­ stracter merchantable? BEAUTY-UNIFORMITY-ECONOMY No; Kennedy v. Wilbur, 166 N. E. 541 (Illinois). RECORD and COPYING What commission can broker collect if REALLY INDELIBLE he acts for both parties without their FOR ALL MACHINES-FOR ALL PURPOSES knowledge? v. Russell, 166 He cannot collect from either. Delaney Write us your p roblem- We can solve it N. E. 623 (Massachusetts).

Can a suit to sell contingent remaind­ The M. B. Cook Company ers be maintained if none of the remain­ 508 South Dearborn St. Chicago dermen are in being? Held that suit is good if remainder was to children of son, 9 The Last Will and Testament of Charles Lounsbury

Many TITLE NEWS readers have un­ let containing this will, together with a doubtedly read one version or another preface by Mr. Fish, in which he tells of the "Last Will and Testament of Charles Lounsbury," by Williston Fish. of the true origin of this famous will. The Title and Trust Company, of We reprint tpe preface and the will by Portland, Ore., has published a pamph- permission of the Title and Trust Co.

Preface

I wrote "A Last Will" in 1897. It provement. Sometimes the head has family of three generations ago-back was published first in Harpers Weekly been cut off; sometimes a beautiful in York State where the real owner of in 1898. Shortly afterwards it began wooden foot has been spliced on. When it was a big, strong, all round good kind to appear in a sporadic way in the news­ a certain press at Cambridge reprinted of a man. I had an uncle, a lawyer, in papers. Whenever a newspaper did not it-Cambridge is undoubtedly the home Cleveland named after him, Charles have at hand what it really wanted, of acute belles-lettres-it used a copy Lounsbury Fish, who was a most burly which was a piece entitled "Reunion of in which the common word dandelions and affectionate giant himself and who Brothers Separated for Fifty Years," or was skilfully changed to flowers, daisies took delight in keeping the original "Marriage Customs Among the Natives was changed to blossoms, and creeks, Charles Lounsbury's memory green. He of the Fricassee Islands," it would run which is only a farmer-boy word, was used to tell us of his· feats of strength: in this piece of mine. In return for the changed to brooks. When I said that I that he would lift a barrel by the free use of the piece, the paper, not to gave "to boys all streams and ponds chimes and drink from the bung-hole, be outdone in liberality, would generally where one may skate," this Cambridge and that in the old York State summer correct and change it, and fix it up, printer added, "when grim winter days he used to swing his mighty cradle often in the most beautiful manner; so comes." -undoubtedly a "turkey-wing,"-and that I am forced to believe that nearly Some writers can boast that their cut a swath like a boulevard through every paper has on its staff a professor incredible works have been translated into all acres of yellow grain. His of literature and belles-lettres, always brain, my uncle always added, was equal foreign languages, but when I look ready to red-ink the essays of the be­ to his brawn, and he had a way of win­ pathetically about for some ginner and give them the seeming of little boast, ning friends and admirers as easy and masterpieces, and gradually to unfold I can only say that this one of my pieces comprehensive as taking a census. So to the novice all the marvels of the full has been translated into all the idiot I took the name of Charles Lounsbury · college curriculum. tongues of English. to add strength and good will to my This simple work of mine has been The name, Charles Lounsbury, of the story. constantly undergoing change and im- devisor in th~ will, is a name in my WILLISTON FISH.

A Last Will

He was stronger and cleverer, no the freshness of the blue in the sky and to distribute my interests in the world doubt, than other men, and in many of the yellow of the sun-a freshness among succeeding men. . broad lines of business he had grown to make one wish that life might re­ And first, that part of my interests rich, until his wealth exceeded exag­ new its youth. The clear breezes from which is known among men and recog­ geration. One morning, in his office, he the south wantoned about, and then nized in the sheep-bound volumes of directed a request to his confidential were still, as if loath to go finally away. the law as my property, being incon­ lawyer to coine to him in the after­ Half idly, half thoughtfully, the rich siderable and of 'none account, · I make ' noon-he intended to have his will man wrote upon the white paper be­ no account of in this my will. drawn. A will is a solemn matter, even fore him, beginning what he wrote with My right to live, it being but a life with men whose life is given up to busi­ capital letters, such as he had not made estate, is not at my disposal, but, these ness, and who are by habit mindful of since, as a boy in school, he had taken things excepted, all else in the world I the future. After giving this direction pride in his skill with the pen: now proceed to devise and bequeath. he took up no other matter, but sat at Item: And first, I give to good fath­ his desk alone and in silence. In the Name of God, Amen ers and mothers, but in trust for their It was a day when summer was first I, Charles Lounsbury, being of sound children, nevertheless, all good little new. The pale leaves upon the trees and disposing mind and memory (he words of praise and all quaint pet were starting forth upon the yet un­ lingered on the word memory) , do now names, and I charge said parents to use bending branches. The grass in the make and publish this my last will and them justly, but generously, as the parks had a freshness in its green like testament, in order, as justly as I may, needs of their children shall require. 10 and beauty Item: I leave to children exclusively, Item: I devise to boys jointly all the to each other the lastingness but only for the life of their childhood, useful idle fields and commons where · of their love. jointly, being all and every the dandelions of the ball may be played, and all snow-clad Item : To young men I devise fields and the daisies thereof, with the hills where one may coast, and all joined in a brave, mad crowd, inspiring right to play among them freely, ac­ streams and ponds where one may skate, and bequeath all boisterous, them the cording to the custom of children, to have and to hold the same for the sports of rivalry. I give to undaunted warning them at the same time against period of their boyhood. And all disdain of weakness and strength. the thistles. And I devise to children meadows, with the clover blooms and confidence in their own rough, I the yellow shores of creeks and the butterflies thereof; and all woods, with Though they are rude and of mak­ golden sands beneath the waters thereof, their appurtenances of squirrels and leave to them alone the power with the dragon-flies that skim the sur­ whirring birds and echoes and strange ing lasting friendships and of possessing exclusively I face of said waters, and the white noises; and all distant places which may companions, and to them choruses clouds that float high over the giant be visited, together with the adventures give all merry songs and brave voices to troll trees. there found, I do give to said boys to to sing, with smooth - forth. And I leave to children the long, be theirs. And I give to said boys each them Item: And to those who are no longer long days to be merry in, in a thousand his own place at the fireside at night, ways, and the Night and the Moon and children, or youths, or lovers, I leave with all pictures that may be seen in the the vol­ the train of the Milky Way to wonder Memory, and I leave to them burning wood or coal, to enjoy with­ Shake­ at, but subject, nevertheless, to the umes of the poems of Burns and out let or hindrance and without any are rights hereinafter given to lovers; and speare, and of other poets, if there incumbrance of cares. may live I give to each child the right to choose others, to the end that they Item: To lovers I devise their im­ fully, a star that shall be his, and I direct that the old days over again freely and world, with whatever they may and to 1 the child's father shall tell him the aginary without tithe or diminution; sky, the red, or name of it, in order that the child shall need, as the stars of the those who are no longer children, the too, the always remember the name of that star red roses by the wall, the snow of youths, or lovers, I leave, after he has learned and forgotten hawthorn, the sweet strains of music, knowledge of what a rare, rare world astronomy. or aught else they may desire to figure it is. WILLISTON FISH.

RICHMOND, VA. The 1930 Convention City

No one in the title business can afford to stay away From this place next October 7-8-9-10 11 The American Title Association Officers, 1930

General Organization

President Committee. The Vice President of Texas, President, Guaranty Title Jersey, President, Fidelity Donzel Stoney, San Francisco, the Association is Chairman of the and Trust Co. Union Title & Mort&'a&'e Guar­ California, Vice President and Committee.) James S. Johns, Pendleton, Ore­ anty Co. Manager, Title Insurance and Term Ending 1930 gon, Vice Guaranty Co. President, Hartman E. G. Tillotson, Cleveland, Ohio, Edward C. Wyckoff, Newark, New Abstract Co. President, Guarantee Title & V ice President Jersey, Vice President, Fidelity Harry C. Bare, Ardmore, Penn­ Trust Co. Edwin H. Lindow, Detroit, Michi­ Union Title & Mort&'a&'e Guar­ sylvania, Vice President, Merion Worrall Wilson, Seattle, Wash­ gan, President, Union Title and anty Co. Title and Trust Co. ington, President, Washington Guaranty Co. Fred P. Condit, New York City, Title Insurance Co. ADVISORY Treasurer Vice-President, Title Guarantee COMMITTEE J. Ill. Whitsitt, Nashville, Tenne­ and Trust Co. Term Ending 1931 Term Ending 1935 see, President, Guaranty Title M. P. Bouslog, Gulfport, Missis­ Harry A. Kahler, New York City, A. R. Marriott, Chicago, Illinois, Trust Co. sippi, President, Mississippi Ab­ President, New York Title & President, Chicago Title & Trust stract, Title and Mort&'age Co. Executive Secretary Guaranty Co. Co. Richard B. Hall, Chicago, Illinois, Paul D. Jones, C'leveland, Ohio, William H. Allen, Jr., Los Angeles, A. S. Moody, Houston, Texas, 111 West Washington St. Vice President, Guarantee Title California, President, Title In­ President, Texas Abstract Co. and Trust Co. surance & Trust Co. EXECUTIVE COMMITTEE Term Ending 1931 A. L. Bodley, Sioux Falls, South Councillor t o Chamber of Com­ (The President, Vice President, Dakota, Secretary, Getty Ab­ merce o f U nited S tates J. M. Dall, Chicago, Illinois, Vice Treasurer, Retiring President, and stract Co. Henry R. Robins, Chairman of the Sections, ex­ President, Chica&'<.> Title and Philadelphia, Trust Co. Term Ending 1933 Pennsylvania, Vice President, officio, and the followin&' elected Commonwealth Title Insurance t members compose the Executive Henry B. Baldwin, Corpus Christi, Morrison B. Colyer, Newark, New Co.

Sections and Com mittees Abst racters Section Committee on Constitution and District No. 2: Hugh M. Patton, North Dakota-G. B. Vermilya, Chairman, Donald B. Graham, Den­ By-Laws Chairman. Towner. Secretary, McHenry ver, Colorado, Assistant to M. P. Bouslog, Gulfport, Miss., Pennsylvania-Hugh M. Patton, County Abstract Co. President, Title Guaranty Co. Chairman. President, Missis­ Pittsburgh. Vice-President, Minnesota-E. D. Boyce, Man- Vice Chairman, Arthur C. Mar­ sippi Abstract & Title Guaranty Title Officer, Union-Fidelity kato. Manager, Blue Earth riott, Wheaton, Illinois, Vice Co. Title Ins. Co. County Abstract Co. President, Dupage Title Co. David P. Anderson, Birmingham, West Virginia-R. F. Dunlap, Hin­ Wisconsin-R. E. Wright, Mil­ Secretary, Herman Eastland, Jr., Ala. Vice-President, Alabama ton. waukee. Milwaukee Title Guar­ Hillsboro, Texas, Secretary, Title & Trust Co. Virginia-E. D. Schumacher, Rich­ anty & Abstract Co. Eastland Title Guaranty Co. E. 0. Sloan, Duncan, Okla. Man­ mond. President, Title Insur­ Title Insurance Section ager, Duncan Abstract Co. ance Company of Richmond. District No. 8 : S. E. Gilliland, Chairman, Stuart O'Melveny, Los Committee on Cooperation Chairman. Angeles, California, Executive E. F. Dougherty, Omaha, Neb., District No. 8: Harry M. Paschal, South Dakota-Paul M. Rickert Vice President, Title Insurance Chairman Federal Land Bank. & Trust Co. Chairman. Sisseton. President, Robert~ John C. Adams, Memphis, Tenn. Florida-0. W. Gilbart, St. Peters- County Ab.tract Co. Vice Chairman, Charlton L. Hall, Mgr. Title Dept., Bank of Com­ Seattle, Washington, Secretary burgh. Secretary-Treasurer, Iowa-.S. E. Gilliland, Sioux City. merce & Trust Co. West Coast Title Co. President, Engleson Abstract and General Manager, Washing­ Roy S. Johnson, Newkirk, Okla. Co. ton Title Insurance Co. North Carolina--J. K. Doughton, Albright Title & Trust Co. Nebraska-W. Secretary, Leo S. Werner, Toledo, John Raleigh. Vice-President, Title C. Weitzel, Albion. Henry Smith, Kansas City, Guaranty Insurance Co. Ohio, Vice President, Title Mo. President, Kansas City Wyoming-Kirk G. Hartung Guarantee & Trust Co. Title & Trust Co. South Carolina--J. Watris Thomas, Cheyenne. Secretary, Larami~ Tit le Examiners Section Frank Ewing, New York City, Columbia. Thomas & Lumpkin. County Abstract Co. Chairman, Elwood C. Smith, New­ Asst. Counsel Metropolitan Life Georgia-Harry M. Paschal, At­ burgh, New York, President, Insurance Co. lanta, Ga. Vice-President, At­ District No. 9: Pearl K. Jeffrey Chairman. ' Hudson Counties Title and L. S. Booth, Seattle, Wash. Presi­ lanta Title & Trust Co. Mortgage Co. dent, Osborne, Tremper & Co. )klahoma-Howard Searcy, Wag- Vice Chairman, McCune Gill, St. District No. 4: Charles oner. President, Wagoner Committee on Advertising P. Wattles, County Abstract Co. Louis, Missouri, Vice President, Porter Bruck, Los Angeles, Calif., Chairman. Title Insurance Corporation of Ohio-V. A. Bennehoff, Tiffin. Kansas-Pearl K. Jeffrey, Colum­ Chairman. Asst. Sec., Title In­ bus. St. Louis. surance & Trust Co. President, Seneca Mortgage Co. Secretary, Andrew M. Sea, Jr., Russell A. Davis, Fairbury, Neb. Tennessee-Guy P. Long, Mem­ Colorado-Carl E. Wagner, Fort Louisville, Kentucky, Secretary, Manager, Jefferson County Ab­ phis. Vice-Pres., Union & Plan­ Morgan. Manager, Morgan Louisville Title Co. stract Office. ters Bank & Trust Co. County Abstract & Investment Judiciary Committee C. Barton Brewster, Philadelphia, Kentucky-Chas. A. Haeberle, Co. Harry M. Paschal, Atlanta, Ga., Pa. Title Officer, Commonwealth Louisville. Louisville Title Co. New Mexico-A. I. Kelso, Las Chairman, Vice-President At­ Title Insurance Co. Indiana-Charles P. Wattles, Cruces. Secretary, Southwest­ lanta Title & Trust Co. (South­ H. Laurie Smith, Richmond, Va. ern Abstract & Title Co. eastern Reporter). South Bend. Secretary-Treas­ Exec. Vice-President, Lawyers urer, Northern Indiana Abstract George Burgess, Dallas, Texas, Title Insurance Corp. Co. District No. 10: Attorney, Stewart Title & Guar­ C. A. Vivian, Miami, Fla. Sec.­ Texas-Charles L. Adams, Lub­ anty Co. (Southwestern Re­ Manager, Florida Title Co. bock. Manager, Guarantee Ab­ porter). District No. 5: Lionel Adams, Legislative Committee Chairman. stract & Title Co. E. L. Smith, Birmingham, Ala. James M. Rohan, St. Louis, Mo., Vice-President Title Guarantee Alabama-E. L. Smith, Birming- General Chairman. President, ham. Vice-President, Title District No. 11: W. P. Waggon­ Loan & Trust Co. (Southern Re­ Land Title Insurance Co. of St. er, Chairman. porter). Guarantee Loan & Trust Co. Louis. California-W. P. Waggoner, Los Wellington E. Barto, Camden, N. Louisiana-Lionel Adams, New Orleans. Vice-President, Union Angeles. Exec. Vice-President, J. Vice-President &. Secretary, California Title Insurance Co. West Jersey Title & Guaranty District No. 1: Odell R. Blair, Title Guaranty Co. Co. (Atlantic Reporter). Chairman. Mississippi-M. P. Bouslog, Gulf­ Utah-Robert G. Kemp, Salt Lake • New Jersey-Arthur S. Corbin, port. President, Mississippi Ab­ City. Vice-President, Inter- Olaf I. Rove, Milwaukee, Wisc. mountain Title Guaranty Co. Law Dept., Northwestern Mutual Passaic, N. J . President, Guar­ stract & Title Guarantee Co. Life Insurance Co. (North­ antee Mortgage & Title Insur­ Nevada-A. A. Hinman, Las western Reporter). ance Co. Vegas. President, Title & Trust ~ District No. 6: W. A. McPhail, Company of Nevada. New York-Odell R. Blair, Buf­ Chairman. J. L. Mack, San Bernardino, Calif. falo. President President, Pioneer Title and Treasurer, Arizona-L. W. Coggins, Phoenix. Insur­ Title & Mortga&'e Guarantee Arkansas-M. K. Boutwell, Stutt­ President, Coggins Title Co. ance Co. (Pacific Reporter). Co. gart. Secretary-Mauager, Home George L. Bremner, Cleveland, Connecticut--James Abstract & Insurance Agency. E. Brincker­ District No. 12: J. W. Woodford. Ohio, Title Officer, Cuyahoga hoff, Stamford, Fidelity Title & Missouri-Ralph Becker, St. Abstract Title & Trust Co. Trust Co. Louis. President, Mechin & Washington--J. W. Woodford (Northeastern Reporter). R·hode Island-Ivory Littlefield, Voyce Title Co. Seattle. President, Lawyers & Realtors Committee on Membership Providence. V i c e - President lllinois-W. A. McPhail, Rock­ Title Insurance Co. Milton G. Gage, Sterling, Colorado, Title Guaranty Company of ford. Secretary-Treasurer, Hol­ Oregon-B. F. Wylde, La Grande. Chairman. President, Platte Rhode Island. land-Fer&'uson Co. Sec. and Manager, Abstract & Valley Title & Mortgage Co. Massachusetts-Theodore W. El­ Title Co. President and Secretary of each lis, Springfield. President, Ellis District l'{o. 7: G. B. Vermilya, Idaho--0. W. Edmonds, Coeur d' state association. Title & Conveyancin&' Co. Chairman. Alene. Panhandle Abstract Co. 12 State A ssociations

Arkansas Title Association Kansas Title Association North Dakota Title Association President, Fred F. Harrelson, Forrest City. President, Pearl K. Jeffery, Columbus. President, C. B. Craven , Carrington.. St. Francis County Abstract C'o. Vice-President, Milton Hawkinson, McPherson. Vice-Presid ent, Frank Halliday, Stanton. Vice-Pres., M. D. Kinkead, Hot Springs. The McPherson County Abstract Co. Secretary-Treas urer, A . J. Arnot, Bismarck. Sec.-Treas., M. K. Boutwell, Stuttgart. Secretary-Treasurer, A. N. Alt, Topeka. Home Abstract & Insurance Agency. The Columbian Title & Trust Co. Ohio Title Association California Land Title Association Michigan Title Association President, V. A. Bennehoff, Tiffin. Seneca Mortgage Co. President, C. J. Struble, Oakland. President, J. E. Sheridan, Detroit. Oakland Title Ins urance & Guaranty Co. Union Title & Guaranty Co. Vice-President, A. K. Clay, Dayton. Dayton Abstract & Land Title Co. 1st Vice-President, P orter Bruck, Los Angeles. Vice Pres., W. Herbert Goff, Adrian. Title Insurance & Trust Co. Lenewee County Abstract Co. Secretary-Treasurer, Leo S. Werner, Toledo. Title Guarantee & Trust Co. 2nd Vice-Pres ident, R . F . Chilcott, San Treasurer, F. E. Barnes, Ithaca. Francisco. Gratiot County Abet. Co. & Guaranty Co. Secretary, A. A. McNeil, Paw Paw. Title Insurance Oklahoma Title Association Executive Secr e.ta~y .. Erank ·)? . Doherty, Los Van Buren County Abet. Office. Angeles. President, Leo A. Moore, Claremore. Suite 519, 433 South Spring St. Johnston Abstract & Loan Co. Minnesota Title Association A ssistant Secretary-Treasurer, Harvey Hum­ Vice President, H. N. Mullican, Chickasha. phrey, Los Angeles. President, A. F. Kimball, Duluth. Washita Valley Abstract Co. Security Title Insurance & Guarantee C o. Pryor Abstract Co. Secretary-Treasurer, J. W. Banker, Tahlequah. Vice President, H. M. Hanson, W arren. The Cherokee Capitol Abstract Co. Secretary-Treas urer, E. D. B oyce, Mankato. Colorado Title Association t y Abstract Co. Blue Earth Coun Oregon Title Association President, Milton Gage, Sterling. Platte Valley Title & Mortga11e Co. Pres ident, B. F. Wylde, La Grande. Association Vice President, R. A. Edmondson, Akron. Missouri Title The Abstract & Title Co. Washington County Abstract Office. President, C. D. Eidson, Harrisonville. 1st Vice President, W. E . Hanson, Salem. Secretary-Treasurer, John Morgan, Boulder. Hi11ht-Eidson Title Co. Union Abstract Company. Boulder County Abstract of Title Co. Vice-Pres., W. B. Kelley, Independence. 2nd Vice President, R. D. McClallen, Enter­ Jackson County Title Co. prise. City. Wallowa Law, Land & Abstract Company. Connecticut Title Association Sec.-Treas., Chet A. Platt, Jefferson Burch & Platt Abstract & Ins. Co. 3rd Vice President, Arthur R. Wilson, Kia" President, William Webb, Bridgeport. math Falls. Bridgeport Land & Title Company. Wilson Title & Abstract Company, Montana Title Association Vice President, Carleton H. Stevens, New Secretary-Treasurer, F . E. Raymond, Port­ Haven. Real Estate Title Company. President, W. B. Clarke, Miles City. land. Company. Secretary-Treasurer, James E . Brinckerhoff, Custer Abstract Co. Pacific Abstract Title Stamford. Fidelity Title & 'l'rust Company. 1s t Vice Pres ident, C. C. Johnson, Plentywood. Sheridan County Abstract Co. Pennsylvania Title Association Florida Title Association 2nd Vice President, C. W. Dykens, Lewistown. R ealty Abs tract Company. President, John E. Potter, Pittsburgh. President, Lore Alford, West Palm Beach. Srd Vice President, R. L. Welliver, Circle. Pres. Potter Title & Trust Co. Atlantic Title Company. McCone County Title Company. Vice-Pres., John R. Umsted, Philatlelphla. Vice President, D. H. Shepard, Pensacola Secr etary-Treasurer, C. E . Hubbard, Great Con.-Equitable Title & Tr. Co. First District. Falls. Secretary, Harry C. Bare, Ardmore. Vice President, Mrs. N. Lee Talbott, Green Hubbard Abs tract Co. Merion Title & Tr. Co. Cove Springs. Treasurer, John H. Clark, Chester. Second District. Nebraska Title Association. Delaware Co. Tr. Co. Vice President, J.' B. Nickell, Tavares. Third District. President, Russell A. Davis, Fairbury. Vice President, Albert P. Smith, Jr., Sarasota. Vice Pres., 1st Dist., Frank C. Grant, Lin- South Dakota Title Association Fourth District. coln. President, John Claymore, Huron. Vice President, J. H. Early, Miami. Vice Pres., 2nd Dist., John Campbell, Omaha. Beadle County Abstract & Title Co. Fifth District. Vice Pres., Srd Dist., W. C. Weitzel, Albion. Vice-President, C. E. VanVlack, Rapid City. Secretary-Treasurer, Richard H. DeMott, Win­ Vice Pres., 4th Dist., B. W. Stewart, Beatrice. Dakota Title & Investment Co. ter Haven. Vice Pres., 5tb Dist., H. F. Buckow, Grand Secretary-Treasurer, H. R. Wood, Redfi eld, Florida Southern Abstract-Title Company. Island. Spink County Abstract & Insurance Co. Vice Pres., 6th Dist., J. D. Emerick, Alliance. Idaho Title Association Secy.-Treas., Guy E. Johnson, Wahoo, Ham­ Tennessee Title Association ilton & Johnson. President, Tom Wokersien, Fairfield. President, J. M. Whitsitt, Nashville. Camas Abstract Co. Guaranty Title Trust Co. Vice-President, (North Div.) 0. W. Edmonds. New Jersey Title Association , Memphis. Panhandle Abet. Co. Vice President, Richard H. Anderson Coeur d'Alene, President, Cornelius Doremus, Ridgewood. Memphis Abstract Co. A. W. Clark, Vice-President, (S. E. Div.) Pres. Fid. Title & Mort. Grty. Co. Secretary-Treasurer, F . A. Washington, Nash­ Driggs. 1st V.-Pres., William S. Casselman, Camden. ville. Teton Abstract Co. West Jersey Title Ins. Co. Guaranty Title Trust Co. (S. W. Div.) M. L. Hart, Vice-President, Conger, Hackensack. Boise. 2nd V.-Pres., Frederick SecuritY. Abstract and Title Co. Peoples Tr. & Grty. Co. Texas Title Association Secretary-Treasurer, J. H. Wickersham, Boise. Secreta ry, Stephen H. McDermott, Asbury President, Herman Eastland, Jr., Hillsboro. Boise Trust Co. Park, Eastland Title Guaranty Co. Monmouth Title & Mort. Grty. Co. Vice President, Chas. L. Adams, Lubbock. Treasurer, Arlhur Corbin, Passiac. Guarantee Abstract & Title Co. Illinois Abstracters Association Grty. Mort. & Title Ins. Co. Secretary-Treasurer, James H. Eastland, Hills­ President, Judge Will M. Cannady, Paxton. boro. Ford County Abstract Co. New Mexico Title Association Vice President, J. E. Morrison, Joliet. Washington Title Association The Peoples Abstract Co. President, William Hutchinson, Santa Fe. Secretary, Harry C. Marsh, Tuscola. Hutchinson Abstract C'o. President, Almin L. Swanson, Tacoma. Douglas County Abstract & Loan Co. Vice-Pres., Mrs. Belle McCord, Carlsbad. Tacoma Title Co. Treasurer, D. L. Bennett, P et ersburg. Guaranty Abstract & Title Co. Vice President, W. L. Sax, Colville. Sec.-Treas., W. S. Moore, Carlsbad. Stevens County Abstract Co. Eddy County Abstract Co. Secretary-Treasurer, Elizabeth Osborne, Indiana Title Association Yakima. President., J. E. Morrison, Indianapolis. New York State Title Association Yakima Abstract & Title Co. Union Tit.le Co. Buffalo, Vice Pres.. M. Elmer Dinwiddie, Crown Point. President, William Warren Smith, Wisconsin Title Association Allman-Gary Tille Co. Abstract Title and Mortgage Corp. H. M. Seaman, Milwaukee. Secy.-Treas .. Orville Stevens, Angola. Vice Pres., Southern Sec., Edmund J. Mc­ President, Grath, Riverhead. Security Abstract & Title Co. Vice Pres., Central Sec., B. A. Field, Water­ let Vice-Pree., Paul H. Hughes, Elkhorn. Iowa Title Association town. Walworth County Abstract Co. President, Frank N. Stepanek, Cedar Rapids. Vice Pres., Western Sec .. R. B. Wickes, Roch­ 2nd Vice-Pres., Esther H. Turkelson, Keno•ha. Linn County Abstract Co. ester, Abstract Title and Mortgage Corp. Kenosha County Abstract Co. Vice President, T. V. Hart, Knoxville. Treasurer, Fred P. Condit, New York, Title Treasurer, W. S. Rowlinson, Crandon. Secretary, W. H. McHenry, Denison. Guarantee & Trust Co. Forest Abstract Co. Crawford County Abstract Co. Secretary, S. H. Evans, New York, 149 Broad­ Secretary, George H. Decker, Wausau. Co. Treasurer, C. L. Clark, Corydon. way. Wausau Abstract & Title Give Your Clients a Dual Guarantee- yours as to facts, ours as to the paper You guarantee the facts of your certification. against yellowing and crumpling as a certifi­ Now you can easily guarantee the permanence cate is against disproof. Faded certificates, of the paper on which those facts are pre­ like cloudy titles, jeopardize tangible property sented. All that is necessary is to standardize -and, in addition, endanger an equally valu­ on L. L. Brown certified record papers. Each able intangible-your prestige! is as authoritatively guaranteed as the most precisely prepared title certificate. Each is L. L. Brown papers are made from none but certified to be of supreme quality, permanence white linen and cotton clippings. The exact and durability in its grade. When you issue percentage used in each is plainly stated. a certificate on any of these papers you give The L. L. Brown mills are the only ones mak­ your client a dual guarantee- yours as to ing ledger, linen and bond papers from none facts, ours as to the paper which perpetuates but white rags- which explains, in part, why them. L. L. Brown papers have been preferred by county officials and business executives since Every title guarantee is ipso facto a document 1849. of permanent val_ue. It embodies the very essence of time: years of thorough training by the organization which issues it; a period of The booklet "Certified Papers" describes this intensive research by the official who pre­ new certified service for abstractors. Without pares it; present and future security for the obligation, this instructive booklet together client who buys it. with samples of L. L. Brown papers will be sent to interested executives upon request. Obviously such a document should not dis- Address L. L. Brown Paper Company, Adams, integrate wit. h age. I t h S OU ld b e as secure M ass. , c-A-o C'ertltled L. L. BROWN Certified RECORD PAPERS Qaprn "ty"l"'"' . . .. give clear title to permanent security and prestige .,.

tf12.. L. L. Brown's Linen L edger ...... 100% White Rags The ~ of Advance Linen Ledger ...... 100% White Rags Watermark ~ Quality Greylock Linen Ledger...... 80% White Rags L. L. Brown's Fine ...... 80o/o White Rags Advance Bond (Envelopes to Match) ...... 100% White Rags Brown's Linen Ledger, Greylock Bond (Envelopes to Match) ...... 75 % White Rags sensitized, is used and L. L. Brown's Linen ...... 100 % White Rags recommended by the L. L. Brown's Onion Skin ...... 100% White Rags Rectigraph Company for L. L. Brown's Exchange Cap ...... 100% White Rags Rectigraph and other L. L. Brown's Bank Folio ...... 100% White Rags makes of photographic recording machine s. Samples on request. Fully described in the L. L. Brown catalog-sent upon request.