EDITOR'S PAGE ...... Page 1 WHY DON'T THE TITLE BUSI- f"'t"h .• m.:"' rt\.:·"·""'~ NESS STEP OUT? ...... Page 2 :f;..,':?,,. ... ""·~ ...... m .. ;; .... PRESIDENT'S LETTER ...... Page 4 -::-:!' ,:\\~~.:\m 6-r 11:·-'" ' .. • THE AMERICAN TITLE ASSO \.\"',:iy11,,.,~ .iu? !'":i ·., ,?, CIATION STANDARD LOAN t .:-.~.<~·,-,.'.\.,\ ..· \~\th ~ ..· .:\t-t .... , FORM OF MORTGAGEES .~: ':h'\l:i; r.:-n'?!'o~ ~\\'\~ POLICY...... --- ··------Page 5 -~~-~-~-~-"~-;"!~lrT " ANCIENT LAND TRANSFERS Page 12 u:'!\.'° ...... "!.;\\ ~ ?_"\\ l~. :~ ~:. ,!1 i "JUDGMENTS AGAINST .... TRUSTEES-THEIR FORCE 't'"e-.jnu,,.?,t\~·v l\ \\;'h' H AND EFFECT" By Herbert ·:· ~.. h~ ..--:.r=~,, .:'\ uL• ~~ .... ,,. .? ...:::>\\~~ Becker ------______Page 15 f;\~h\.!' \~~ f l ti\~ ..{y, ..-\n!\.~"'.:o~ .... 1\-'' .... ' CON- .. : .. ·, SAN ANTONIO-NEXT ..V\ 1!'-.•~::.,:~: ~\,\' VENTION CITY. ______.Page 17 ~.:\.~,. ~ ..:-~ \.1~~, ·~"~~ ;"" "~~ .;:":"'' ... "FEDERAL LIENS AGAIN" \\f.. . ~ :· .."'\ .. 1.:~1h:'• -t. \ .. .."\\~ ~· . .. By Chas. C. White ______Page 19 l> .,m:\\\. ~:"\:11.,\ 11' •-n.•l'l "HISTORICAL FACTS OF '\ · \...,,:\~\ TEXAS LAND TITLES" By . W. C. Morris ...... Page 20 I r:~· · ' ,.. ~ ~ ·" . LAW QUESTIONS AND AN- 1! ~.:'\ t" ! SWERS-Monthly Review...... Page 22 ' ~h'\ ~ . MISCELLANEOUS INDEX. .... Pages 14 .:.. ~· n: , and 23 ~ l i'lftlitti l mi i itti l i7\i 1 f'Ki l jttj jttj!jffiljttj!jttjli&!jttj jttj ! jttj ! iro l itti l ittill'ffl® l itti l itti l @ 1 i& ' i&i&l®li& l ® i ®li1tfl® l f'Kil@ l it®'ft 1 mt® l ® I ~ Collle to San Antonio October 22-23-24 and 25
Bird's-eye Vie w, Business Section Twenty-third Annual Convention The American Title Association
It's both Business and Pleasure
Interior-the Alamo Fairway-Municipal Golf Course • w: ~ NEWS Issued Monthly by ·and as the Official Publication of The American Title Association Publi8hers, Kable Brothers Compan11, 404 N. Weslev Ave., Mount Morri8, JU. Price, $3.00 per vear. Editor-Richard B. Hall, Midland Building, Kansas Citv, Mo. Advertising Representative, Orson Angell, 850 Graybar Building, New York City. Published monthly at Mount Morris, JU.; Editorial office, Kansas City, Mo. Entered as second class matter, December !5, 19~1. at the post office at Mount Morris, JU., under the Act of March 3, 1879 • • "' I 1.i.1. IAl.l\IJ.U. /Jl.l\ Vol. 8 JULY, 1929 No. 7 Editor's Page
y _THIS time the title insur section session will be the most inter The golf tournament should be a real B ance companies will have esting ever held and no one in title affair. Everybody come prepared to had the announcement and insurance can afford to stay away; play. Chairman O'Melveny says that, as specimen of the uniform mort usual, the examiners' section program ON'T forget, too, that this conven gagees policy and had some few is going to present and make available D tion, like the Detroit and Seattle weeks' time to study it over and valuable information and facts that ones, presents an opportunity for for put it into circulation. could not be gauged on a money basis. eign travel. The Mexican border is Those charged with the duty Ye Ed. has seen several programs in but a short distance away and there are of preparing and presenting the the making and finally produced at the at least two good Mexican towns near form will await with anticipa convention and he can conscientiously by where one can visit and partake of tion the reaction to this, the say that indications certainly point that the native atmosphere. title companies' own effort to the San Antonio program will be the most constructive and profitable ever l N this month's issue: The article on themselves fulfill an obligation to presented. ancient land transfers is printed the business, and provide for a The usual order of the program has with the consent of THE REAL ES demand and service. been altered so it can be scheduled to T ATE MAGAZINE-the official pub Comments on the matter will run more smoothly and there be no lication of the Philadelphia Real Estate be greatly appreciated. overlaps or interference. The first Board; Herbert Becker, vice president This issue of TITLE NEWS con day will be arranged to get a good of the Chicago Title & Trust Co., gives tains information of its history start; there will be some entertain us another article on an interesting and • and provisions of the form as ment and the crowd will thereby all get important subject; the force and effect finally achieved. acquainted. of judgments against trustees; Charley The Title Insurance Section will hold White gives some interesting, if not forth the entire time of the second day, startling, comments on the old subject THE air is getting thick with conven- with sessions all morning and after of Federal Liens. He is the unques tion stuff. Chairman Jones says noon and the Open Forum at night. tioned authority on this subject, hav the program for the abstracters section The Abstracter Section will follow ing in 1926 predicted such a decision is the strongest ever presented; Chair the same schedule on Thursday, the as was rendered in the Rhea vs. Smith man Lindow reports the title insurance third day. case; W. C. Morris, vice president of On Friday or the last, the morning the Stewart Title Guaranty Co., Hous will be devoted to the Examiners Sec ton, tells some intere ting facts on the tion with some unusual and important history of Texas and their influence other matters included and adjourn on the land titles of the state. ment of business matters by noon. The afternoon and evening will be devoted entirely to entertainment.
THE entertainment will be out of the ordinary. Instead of a formal banquet as usually marks conventions, on the last evening will be staged an open air feed of native and local dishes with native entertainers-no speeches or discourses-just fun.
THE golf bug seems to have worked quite a little devilment within our ranks. In going about over the country ye Ed. has noticed that a set of golf tools seems to be part of many an ab It's just a matter of days now stract office. Some of these title boys Attend the convention and make until the convention are just as methodical and accurate more money • with them, too, as in their work . 2 TITLE NEWS
Why Doesn't the Title -Business Step Out and Lead Itself Into Prosperity?
It is high time that those in the title business got every minute of the day trying to increase its "money-minded." scope of activities and profits. One of the characteristics of being in the busi Instead we accept every dictation and sugges- ti ness is to be more concerned with rendering the tion for the reduction of things necessary to get r particular individual kind of service and product from us and only us. that each customer wants than in prescribing what We should remember, too, that no one comes to • is real title service and only rendering that kind. us except when they absolutely have to and need Another is that we are more concerned in trying our services. No one orders an abstract just to see to be accommodating and spending more time en how his title is or buys a new title insurance policy deavoring to show a good title and pretty abstract to frame and hang up over the mantel just be than in advancing the welfare and prosperity of cause it is encased in a new cover or the form the business and those in it. has been changed. Those in the business have spent more time and The title business is facing a crisis right today effort trying to find ways and means of render because those in it never have had, and apparently ing the minimum of service and sufficiency of don't have now, any idea of being "money-minded." product than making it a full coverage policy or In addition to not being on the lookout for oppor complete and adequate abstract. tunities of making legitimate profits, just charg No matter where you go, it's the same old story: ing how, when and where they should, there are "The attorneys in our town don't want us to show some other things that enter into it. court proceedings; the real estate men tell us to One of the most alarming of these is that in ad leave all released mortgages out of the abstract; dition to the available volume of business in any the loan companies only order pencil abstracts and one community being limited, i. e., there being only reports; we can't sell full coverage owners' policies so many orders a year from real estate market or in our town because they won't pay a premium and conditions in general, the title man thereby being we can't sell title insurance at fees that will permit helpless to increase his output, this available num us to insure against possession, areas, taxes, mat ber is diminishing. As communities become more ters that would be disclosed by an inspection; the settled, as more apartments are built, as cities and loan companies won't pay but so much for a policy even towns are already over-developed and sub and don't care much what it insures against just divided, and becoming more so, as more long time. so it's a piece of paper labeled title insurance loans are made, and with business non-expensive policy." as it is now, particularly in the farming, mining The result of listening to all this and accepting and cattle states, the available volume has shrunk. it has been the circulation of cheap inferior ab To this, too, consider the proposition that the busi stracts, pencil copy and uncertified abstracts, title ness is more and more getting on a continuation reports in place of policies and title insurance basis, and the long new abstracts, the original title policies that have so much Schedule "B" provisions insurance policies, or those for the big construction and exceptions as to only be a guaranteed certifi and development projects are decreasing in num cate of title or bet on the validity of what the ber every year. records show. But the most startling thing of all; and the plain No business can succeed that follows, drags or est thing that appears in the looking-glass as we caters. It must lead, step out, find what is needed look at ourselves and yet apparently cannot see, is in its field, sell sufficiency and efficiency to its users the basis for our charges. " and get paid accordingly. There is apparently no reason, sound, practical, If a business does not do those things, and, in theoretical, scientific, good business or otherwise addition, is always on the lookout for how it can . for present abstract or title insurance rates. minimize its services and opportunities for profit, They just are as is, because they happened to it not alone cannot exist and operate as a healthy be, are what we either think or have been told we going service fulfilling its place in the business can charge, and that's that. world, but loses its standing, prestige and position Those in the business are making money or keep and is given a place only as a necessary nuisan~e. ing even with the sheriff's door closing act because Our business is probably the only one in the es heretofore they have had the volume to balance tablished order of things today that is not sitting overhead and income, or else have had a lot of up nights and being everlastingly on the alert side-lines, like selling real estate and insurance, • TITLE NEWS
speculating in land, practicing a little law or un no one in the business, and then the community dertaking, on the side, real estate loans or have suffered. Every one got into the business of mak had other things to help or almost entirely carry ing certificates, statements or guesses of title. the load. They are all anyone can get and business and de velopment is slowed up and jeopardized. Such cir Another very startling fact as revealed by care cumstances happen every year, and then comes ful investigation is that abstract and title insur agitation for the Torrens Law, the building of ance charges have been increased very little in the county tract indexes and the making of abstracts "past several, we can say many, years. In an alarm by the county in order to supply what is needed. ing territory and percentage of it in the United What the title people need to do is to get more • 3tates, abstract fees have not been raised at all in money-minded, then they will be able to render over forty years. There is no reason yet found better service, have some real responsibility back for their being established as they are, and they of their work, and the agitation and complaint vary with every county, community, state, and about the title system and those in the title busi throughout the country as a whole in an astound ness will be eliminated. The automobile manufacturers won't make a car ing degree. without a starter and take a few dollars off the Title insurance rates have been largely based price because someone now and then might want upon the combined total of the conservative aver one that he can crank; vacuum cleaners are not age abstract continuation charge, plus a nominal made with or without handles because some one accepted fee for its examination, plus some rate might want a dollar or two off for no handle, and per thousand for the insurance. They have not use an old broom stick he might have at home and been high enough to pay for the added service attach to it; even the barbers won't shave you for and protection, and all the elements that should five pennies less a shave because you might want to constitute title insurance service, and that means furnish your own soap or have them eliminate the real insurance and complete coverage, not half witch-hazel. insurance, and a policy so full of holes that it re Doctors, lawyers, dentists, undertakers, Realtors and all others have realized that they can only be in sembles a Swiss cheese. business profitably and serve the public as it should The title insurance companies so long actually by defining what the full measure of service in believed that they should follow and not lead, and their line is and then making the public take it. cheap, consequently inadequate coverage was only The insurance companies never popularized or sold wanted, that the largest users of title insurance insurance of any kind-fire, life, or any other had to write their own policy. until they sold real insurance, cut out the fool Every community should have efficient and re policies, made the public pay for it, and in turn sponsible title service available through an es functioned and paid their losses when occasioned. tablished, private company. The success of American business, endeavor, and Every one in the title business should make the service rendered by trades or profession is be cause each (except the title business) has pre enough out of it so he can live, have the tools to scribed what its ultimate product should be, and work with, render full, complete and efficient serv that the full measure of its service and responsi ice, and there will be responsibility back of every bility and service rendered should be the only thing abstract or title policy issued. available. There are many communities in the country, In doing this they have led, not followed, and by whole states in fact, where such is not the case. so doing have established good will, commanded Those in the business were making no money, they respect, and eliminated complaint against their couldn't sell, they got "title-itus," passed on to business as well as legislative and economic attack. whatever reward there might be for one who was It's time the title business prescribed in the title business, the estate had a title plant what the ultimate and sufficient in title • they could not sell, no one else could or would op service is, made it and only it available, erate, it soon got behind and out of date, there was then got paid for it.
YOU'VE GOT TO LEAD IF YOU'RE GOING TO COME OUT AHEAD! • 4 TITLE NEWS
TITLE INSURANCE SECTION ABSTRACTERS SECTION TITLE EXAMINERS SECTION EDWIN H . Ll~~... ~~....°N ~TROIT, MICH .JAMES S. -.JOHNS,PENDL E:TON,0"!E. .STUART o'M EL VE NY, Lo & ANOt;; L E s , CALI• CHAl ... MAN C._...AIHMAN. HARRY C . BARE, AROMORE, PA W . B . CLARKE, MIL i!: S CITY. MONT. ELWOOD C . SMITH,N SWl!IUP'tOM,NY. VICI'. CHAIRMAN . VICll CH ... l!lq MAN. VICI!: CHAIRMAN R 0 . HUFF. SAN ANTONIO, TEX E . P. HARDING, WtCMITA FALL S, TEO<; R . ALLEN STEPHENS, 5PRINOt'°lltLO, I L l.. SECRETARY, SE.Cl"tlETA '°" Y SltCRETAR¥. '[he E!mericau'[itle E!ssociation
EXECUTIVE EDWARD C . WYCKOFF NEWARK , N J COMMITTEE Pil't£S1Cr:NT. OONZEL STONE'V1 CHAIRMAN, 00NZ EL STONEY, SAN FRANCISCO, CA L IF'. WALTER M . OALY, PORTLAN0, 0Rc VICIC-PRE SIOICNT FR E D P . CONDIT, NEW YORK C 1T-.. M . P , BOUSLOG .J M , WHITSITT1 NA SHVILLE, TENN , GUL.FPORT, M ISS . TRE'ASUR C R . PAUL 0 . .JONES , CLEVICL AN0, 0,.110 •. R I C HARD B . HALL, KAN SAS CITY, MO. OFFICE OF PRESIDENT HENRY BA.LOWI N, C ORPUS CHRIST1,TEJC EXECUTIVE SECRETARY v . M , DALL, C1-nc ...... co, ILL . 755 BROAD ST. 'NO OFFICE RS OF A 5S OC::l"'Tl0,.. NEWARK. N . J. 'NOCHAIRMl!:N OF SECTIONS • e:x-OFFICIO.
July 18th, 1929 . To the Officers and Members of the State and Amer ~ca n Title As sociations: It is urged that each and ever:rone of you ci ve full and favor able consideration to the request which will come to you through Stuart O'Melveny's special committee a1:i p oi ~1 t ed by Chairman Edw in H.Lindow of the Title Insurance Section, and r eferring to the uniform mortgage policy. Messrs.Lindow and O'Melveny and their committee memb ers have accomplished a sub-stantial achievement which every membe r of the organizat ion should back up immediately so as to get the full b ene fit of the accomplishment. We have retrieved our mi s take in per mi t ting outside business to suggest the fo rm of our title insurance , and immediate adoption of our own form will greatly strengthen our state and national associations. 7le should forever hereafter lead in ali proper betterment of service to t he public and never a~ ain find ourselves in the position we did as was occasioned by the draft ing of a uniform mortgage policy form. It has b een refreshing to have created a contact with at l ea st one state associati on wh ich resulted in the ~ resident of the national association receiving a monthly letter. telling of the developments in the.work of that state association. If each state association would give this type of support to the national officers, that organization would improve its facilities for benefiting its m8moers much more rapidly than it has ever been able to do in the past If each succeeding president can r ec eive in increasine volume the support which I have been getting , they will b~ more r eadily able to carry forward successful mov ements for the benefit of the pr ofession
Thanks t o everyone wh o has in the p~ s t or wi ll in the future r ender this supilOr.t to the national administration. Very cordially y·ours, ~U/dfdtt Edward C. ·ayckoff' President. TITLE NEWS ~~ 5 The American Title Association Standard. Loan Policy of Title Insurance A Uniform Mortgagees Form is Presented Embodies Full Coverage Provisions A uniform mortgagee's policy of title anything definite are many. First, parties in possession and not disclosed insurance is presented by the American there was that mental or psychological of record and such facts as generally Title Association. It is earnestly de- barrier that exists in the consideration might be disclosed by a physical ex • sired that every title insurance com of all matters in any business, but par amination of the premises; areas, di pany member of the association adopt ticularly ours,-local conditions. Not mensions and locations of improvements this form for use. It will be known only was it thought impossible to pre and other such matters that might be as the American Title Association (or pare a uniform form because of the disclosed by a survey. A. T. A. "for short") Standard Loan difference in the real property laws of There were many reasons for these, Policy. It has already been approved the various states, but also because of some of which were created by the and will be accepted by several of the the mistaken idea of seemingly peculiar title companies, others by the users of life insurance companies in connection local conditions. The human element title insurance. The prevailing one with their mortgage loans. These in also entered into it, and there was that on the title companies' standpoint was clude those companies identified with inability to get a common understand the fact that premiums were too low the drafting of the L. I. C. form, and ing and interpretation of phraseology, to permit of this kind of service, it others. It will be presented to all life something that is particularly hard being thought that the insured would insurance companies lending money when there is any element of a legal take the policy for what it did cover, upon first mortgages and generally to nature. Another of the human element the low price would be conducive to all real estate mortgage companies. type was that each company had the increased use of title insurance, Simultaneously .with its presentation worked out its own form. It was in use and that he would rely upon himself to the members of the association, an and had been prepared by each such or others for information and security announcement story was released to after careful consideration of prevail on these so-felt "outside" matters. sixty-eight news and financial papers. ing conditions and experiences. There were some grounds for this be No little effort will be expended by the Another that had to be considered cause they necessitated a physical ex association in presenting this form to was the different practices of the loan amination of the premises and a survey. the various real estate mortgage companies and those requiring title Users of title insurance mistakenly did agencies. It is hoped to create a gen insurance. The wishes and require not deem it necessary for the title com eral use and demand for this mort ment of those using it have always pany to make an inspection for that gagees policy of title insurance. been given a great deal of considera was usually done by the agent, the facts more or less It is therefore quite obvious that the tion by the title companies and to such buyer or others and insured's satisfac title insurance companies should adopt an extent that there were a varied and ascertained to the be satisfactory. The and issue it. However, there is no doubt multitudinous lot of forms in circula tion or advised to has always been on this point because of the long agi tion, and differences in practice. matter of a survey as something rather tation for such a form to come from the Another matter that proved to be the open to question superfluous despite association, the desirable and commend question which usually stopped the unnecessary and not the real neces able features of the policy itself, and adopting of a uniform was that of in the arguments, if cases. the effect it will have in furthering suring marketability. Including mar sity, for it in so many an owner's and developing the use of title insur ketability in the provisions of cover These were all true for consideration in the ance. age has been something that is such a policy and of major history as to require special treatment. issuing of a fee form, but were even This achievement is the result of It has however had a gradual spread more objections in a mortgagees be committee appointed to work of the and clarifying but is a matter that has cause of the many inspections and the prepare it, and too much handle and commanded separate and local consid much supervision given in the negotia commendation cannot be credit and eration. tion of the loan by the various loan given those responsible. But by far the greatest obstacle was representatives. The history of the thing and a gen the question of what should a title in Then, too, and of considerable im eral explanation of the provisions will surance policy insure against, and what portance, especially in the issuance of be interesting to every member of the all should be covered in a uniform mortgagee's policy was the item of association. form? economy. There is a prevailing idea As far back as can be traced in the The history of the matters covered that the thing in a realty transaction records and proceedings of the associ by title insurance is a parallel to that to receive the most attention in econ ation, ever since title insurance ap- of the development of other forms of omy and in the reduction of the ex • peared upon the scene and came for dis insurance. The early policies of all pense of the loan is the title part. In cussion, there has been agitation and an insurance were rather vague and in this respect title insurance is the vic ever recurrent consideration for the definite in their terms, and rather re tim not only of the practices and con ~ adoption of a uniform title insurance plete with conditions, stipulations and ditions of loan companies, but in many policy form. It has never been re exceptions. Gradually these were elimi cases the element of competition be stricted to a mortgagee policy, but to nated and really protective insurance tween title companies themselves. owners or fee as well. Committees the result. When that came about, then The question of marketability was have bo:len appointed, met, but without the use of insurance became popular. one of a difference of opinion on its reroi"ting any recommendations, or pre The title insurance companies have legal phases; well defined practices of senting a definite form. Papers have always anticipated the advent of full the title companies; local conditions been given at conventions, and the mat coverage in title insurance but certain and in some few states, laws and de ter generally given such consideration things prolonged its coming. For vari cisions of the higher courts; and as and going through such stages as such ous reasons the policy in general cir in some places, the keeping in circula things do when it is necessary to culation did not protect against the tion of abstracts so that it was easy mould opinions and ideas. following elements: Marketability, me for those who desired to have the means • The reasons for failure to accomplish chanics liens not of record; rights of and information available to bring 6 TITLE NEWS questions on matters of marketability surance companies alone, but was taken that they could write, and issue in to do so. up by various mortgage companies. surance of that kind. It brought The insuring of mechanics liens wal" One of the big talking points for title problems and matters of consideration one of. great concern. Here again the insurance is that it relieves the in to a head that had not been decided element of economy entered into it. vestor from title work, examinations for years and can really be said to It is not necessary to mention all the and worry therefrom, as well as afford have been a matter of some moment things that arise in the question of ing protection. and impetus in the development of covering mechanic liens. If the title But as the use of title insurance in title insurance. company is to do it, then it must make creased, the fact soon became appar But as is only natural, it was not the necessary examinations, take such ent to these loaning agencies that there entirely satisfactory to the title com precautions and handle the construc were just as many kinds, sizes, shapes, panies. There were some questions tion funds, pay oU:t of proceeds as will forms and varieties of title insurance and objections to the policy, both as to make it safe, or be provided with nece.:J as there were companies and even its language and form but particular sary and sufficient indemnity. more, because some title insurance ly in that it was not an inception and Here again was a thing that was companies were issuing a variety of achievement of the title people them different for a fee and owners' policy. forms drawn for the specifications and selves. It had not only been written • So many mortgage loans are made for fancies of each loan correspondent. for them, but worse yet, it had an construction purposes that it was a This occasioned that these investors other's name! matter for many of the mortgagee carefully examine and scrutinize all All these things were brought out policies. The governing element in these various title insurance policies at the open forum meetings of the Title this was likewise the practices of the to see just what they contained-to Insurance Section, held during the local loan correspondents, the arrange examine them the same as they had Seattle Convention and the printed ment between them and the actual formerly examined abstracts. proceedings of that meeting will show lender, and the general business prac Coupled with this situation was the the things discussed. tices of the loan companies themselves trend and desire towards uniformity By a motion made and the action who so often supervise the distribution as a means for facilitating and ex of that meeting, the chairman of the of the funds, advance for building pur pediting business. Title Insurance Section, Edwin H. Lin poses, and generally provide for and About this time another thing came dow, was instructed to appoint a com themselves protect their correspondent and that was mentioned above-the mittee to not consider, but to actually against mechanics liens. new elements to be considered in the prepare and present at the earliest But despite all these things this conduct of a real estate mortgage busi possible moment, an American Title rumbling of a uniform policy kept ap ness. Among them were speculative Association Standard Loan Policy of pearing. The Pennsylvania Title As building, construction loans, increase Mortgagees Title Insurance. It was sociation prepared and adopted a uni in business and territory loaned in further provided that this committee form policy as one of its first achieve necessitating more dependence upon the report at the next Mid-Winter Meeting, ments, and the New Jersey Association local agent, the general development to be held the following January. soon followed. These were put into of the real estate market, home build This committee was accordingly duly use in their respective states to some ing and loaning, and all the things con appointed by Chairman Lindow and extent. current with it. consisted of the following personnel: The New York Board of Title Un Not only was a uniform policy Stuart O'Melveny, executive vice presi derwriters adopted a standard form wanted, but full coverage became neces dent of the Title Insurance & Trust or rather standard forms for all classes sary. Co., Los Angeles, chairman; Paul D. of title insurance which are used uni This was realized again; it was Jones, vice president, Title Guarantee versally in New York City and have brought before the title people and & Trust Co., Cleveland, 0.; Wellington been used by others as a basis for their with it became known the fact that cer J. Snyder, vice president, North Phila forms. tain of the life insurance companies delphia Trust Co., Philadelphia, Pa. In Northern California groups of had undertaken the drafting of a form Even under the force of the attend companies in various communities be that would meet their requirements. ing circumstances, the task was one of gan adopting uniform forms and ii It was not long until this policy made such magnitude as can only be under soon spread to that entire territory its appearance by not only being pre stood by those who took part in it. until standard forms are now used sented to the title companies, but by Chairman O'Melveny began work im entirely by all the companies in North being requested that when title insur mediately after the Seattle Conven ern California. ance was furnished to these life insur tion. By the time of the Mid-Winter · Three years ago it became apparent ance companies, it would have to be on Meeting all the work that could be that the title companies should adopt this form. The form was furnished done without a conference was accom some form and the association again to the title companies by the insurance plished, so a meeting was called for the appointed a committee to consider the companies or they could print their first of the week of that meeting. The matter, but again it was impossible to own. It became known as the "L. I. C." committee called others into the mat achieve it and the committee was dis Form, or "Life Insurance Companies ter and after a great deal more work, charged after giving it much consider Standard Loan Policy of Title Insur a draft satisfactory to the committee ation. ance." Those companies drafting it was decided upon. A meeting was About this time something else en were: The Metropolitan Life Insur then arranged with the counsels of the tered the picture-the actual lenders of ance Co., New York Life Insurance various life insurance companies, which A the money upon real estate mortgages Company, Prudential Insurance Co. of was held the following week in New began to consider certain things. The America, Equitable Life Assurance So York City, with a complete representa real estate mortgage business was ex ciety of the United States, and the tion of both the committee and the life periencing some changes and having John Hancock Mutual Life Insurance insurance counsels. -.. new conditions to consider. Some few Co. Some minor changes were made, sug years ago one of the largest life in Soon others adopted it, not only life gestions and ideas exchanged and the surance companies in the East and a insurance companies but real estate form was then given the formal ap lender of millions of dollars annually mortgage companies, until within a proval of the life insurance cou~sels on real estate mortgages began requir short time its use became of some vol present. Since then it has also beta. ing title insurance for all its loans in ume. presented to others or sent to them by order to be relieved of the work and When presented to them in this man request and it has in every case been responsibility of examining and han ner, the title insurance companies not only approved without a sugges dling title matters in connection there found themselves acquiescing in writ tion or change, but with commendation with. Others began to use title insur ing a policy incorporating features that upon its form, conciseness, coverage ance for the same reason. This was they had not up until that time been and other points worthy of comment. not confined to certain of the life in- able to convince themselves and agree (Continued on page 10) • TITLE NEWS American Title Association Standard Loan Policy
( Pa.r;e One- Or Face of Policy)
AMERICAN TITLE INSURANCE COMPANY MORTGAGEE'S POLICY OF TITLE INSURANCE Amount Number
AMERICAN TITLE INSURANCE COMPANY a corporation, of Hilldale, Mich., herein called the Company, for a valuable consideration, paid for this Policy of Title Insmance,
The name of the insured can be inserted here or if preferred, this space ruled as shown or eliminated entirely so the policy will read to run direct ·to the owner of the indebtedness. the owner of the indebtedness seemed by the mortgage or deed of trust described in Schedule A, herein called said indebtedness, and each successor in interest in ownership thereof, and also any such owner who acquires the land described in Schedule A in satisfaction of said in debtedness as provided in the conditions and stipulations hereof, herein called the Insmed, against loss or damage not exceeding dollars, which the Insmed shall sustain by reason of any defect in the execution of said mortgage or deed of trust. or by reason of the invalidity of the lien thereof, or by reason of title to the land described in said Schedule A being vested at the date hereof otherwise than as therein stated, or by reason of unmarketability of the title of the mortgagor or trustor, or by reason of any defect in, or lien or encumbrance on said title at the date hereof, or any statutory lien for labor or material which now has gained or hereafter may gain priority over the lien of said mortgage or deed of trust, other than defects, liens, encumbrances and other matters set forth in Schedule B, or by reason of the priority thereto of any lien or encumbrance at the date hereof except as shown by Schedule B, all subject, however, to the conditions and stipulations hereto annexed, which conditions and stipulations together with said Schedules A and B are hereby made a part of this Policy. Subject to the provisions of Schedule B and the conditions and stipulations hereof, the Company further insmes that, at the date hereof, any assignments shown by Schedule A, whether recorded or not, are good and valid and vest title to said mortgage or deed of trust in the insmed free and clear of all liens. IN WITNESS WHEREOF, American Title Insmance Company has caused its corpo rate name and seal to be hereunto affixed by its duly authorized officers, this
AMERICAN TITLE INSURANCE COMPANY,
BY---- ·-·------Presidenl.
Al lest: ----·------• Secrela ry . 8 TITLE NEWS (P age Two)
SCHEDULE A
1. The title to said land i s at t he date hereof vested i n Here can be named in whom title is vested, but if it is not desired to specifically mention and name in whom title is vested, then words necessary to make it read something as follows can be typed in, or the whole clause printed in the form : "The title to said land is at the date hereof vested in mortgagor(s) / trustor(s) as mentioned in mortgage or deed of trust described in Paragraph 2 of this Schedule."
2. The mortgage or deed of tru L securing t he indebtedness covered b y t his Policy is de scribed as follows:
3. The land referred to m t his Policy is described as follows: The specific description of the land, title to which is in sured by this policy, can here be given, but if desired and preference of practice is to be relieved of this amount of clerical work and make only a general reference , that can be done by here typing the fol l owing clause , or having it printed in the policy form : "As particularly bounded, described and set forth in said mortgage or deed o f trust described in Paragraph 2 of this Schedule ." TITLE NEWS 4,9/ (Page Three) SCHEDULE B
Showing defects, liens, encumbrances and other matters against which the Company does not, by this Policy, insure.
No printed exceptions are to appear in this Schedule , for reasons set forth in the accompanying description and explanation of this policy form .
CONDITIONS AND STIPULATIONS
1. If any Insured acaulres said land, or any 1rnrl thert:!or, by forec losure, truslCl''s of auhrOK1tlion shall \'l'~t in thi! Company unafl't!t'll'd IJy any al't of the Insured, but sale, or other legal manner in S'.ltisractlon or sald indebtedness, or any part. ther('()f, 1n11·h £uhrogutlon "hall IJe In subordination Lo the llrn of the Insured under its said this Policy shall continue in force in fa\'Or of such Insured, subject to all the t-ondl mortgage or det-d or trust and to the clulm of tho Insured to reteh't> and be fully paid llons and stlpulntion!'i hereof applicable to an owner of land. tho amount of printlp11l and lntt•rest and othN sums, If any, secured hy said mortgage 2. The Company at lts own cost shall defend t ho Insured in all IU!gatlon com;ist or deed of trust. '!'ho lnsurcll, H re<1uestcd by the Conmany, shall transfer lo till' ing of actions or proccC'dings commenced against the Insured. or defenses. restralninf; Company :ill rlp,hts, sccuritles, nnd remcdl<'S against any person or property n cess11ry orders, or injunctions interposed against n foreclosure, or sale of said land in satis In order to perfect such right or subrogation. faction of said indebtedness. which litigation is roonded uoon a defeet, lien or encum 6. Tho Company h11s the right and opliun, in case any loss is claimed under this brance insured against by this Policy and may pursue such litigation to final deter I'ollcy, to pay to the Insured the entire indebtedness or the mortgagor or truslOr mination ln the court or last resort. In case any such actl n or procl·odlng shall be under sal<.1 mortgage nr deed or trust to the Insured, together with a ll costs which beg un or dercnse interposed. or in case knowledge shall come to the Insured or any tile Company ls ohligated hel'eunder to pay, jn \\hlch case the Com1>any shall be claim or title or lnterest adverse to the lltlo as Insured, or which might cause loss or corno tho owner of, :ind the Insured shall at once assign und transfer to the Compnny damage for which the Co mpany sha1l or may be liable by virtue or this Poliry. the said mortgage or deed or trust and the Indebtedness thereby secured and surh 1Ja.r Insured shall at onco notiry the Company thcreor in writing. Ir such notice shall not ment shall t.erminute all liability under this polity and the Insured shall surrender be g lveu to the Company within ten days or the receipt of process or plead ings or 1f tho Sllln6. t he I ns ured shall not, 1n wrltlng, vromntly notlry the Company or any defect, lien 7. A stlltcnient In writing •• r any 1oss or dunrnge fOL' whit·h It i s r !a lnwd t hC' or encu mbrance imure•J against which shall come to the know ledge of the Insu1'L'
Plaza Hotel Headquarters -=Ill gi - gi ~~;iilt Twenty-third San Antonio I It! ~)H\ ~ gi ~HI gi a ; G!llllHl Annual Texas llll1'1A I ltlalJI Convention
• 12 TITLE NEWS Land Sold in History's Dawn Through Clay Tablets with Curses to Make Transfers Binding (All photographs in accompanying article supplied through courtesy of University of Pennsylvania)
"""""""""""""'lFTEEN hundred years before Christ in the Assyrian dictionary. The dictionary will be made up en ancient city of Nuzi, recently excavated in tirely of words found in ancient tablets. Mesopotamia, it was against the law to sell the Safeguards for holding real estate were highly developed land but some smart Nuzian attorney figured in Babylonia, played an important part in this civilization out a way to get around the statutes. for thousands of years, and were much more advanced Land could be transferred from one relative to another than anything that has yet been found in Egypt. but it could not change hands outside of the family, so The oldest land contract was probably written in people who wanted to own real estate had themselves Sumerian in 3000 B. C. The Sumerians were the early in legally adopted by people who had it. The new relative habitants of Babylonia and the system of private land received the tracts he coveted as a part of his "inher tenure was firmly established at this early period when the 4 itance" and in turn made a cash "present" to his new buying, selling and donation of land was subject to fixed papa which was really the price agreed upon for the land. rules. A neat sun-dried tablet provides for the payment of For Nuzi was a war-like city that raised its army from so much copper for a field with a "supplementary" payment its land owners who were automatically conscripted be of so many loaves of bread, so much cloth, butter and oil cause they were land owners. Thus the law providing for the house "which has been built upon the field." against the sale of real estate sought to prevent the owner A thousand years later land contracts had become stand ship of large areas of land by one person because this ard in form and property was sometimes sold on credit. would cut down on the number of available warriors. Written in Assyrian after 2000 B. C. thousands of clay How the land was bought and sold before the Christian tablets, that lie wrapped in cotton in museums through era, how the "dotted line" was used in Babylonia, and out the world, show that the "dotted line" was used freely how people rented houses and required their landlords to in Babylonia and that in those ancient civilizations every make repairs in 2000 B. C. is described by the National sale of land had to be written to be legal. Before people Association of Real Estate Boards. knew how to write all contracts were necessarily oral and, The Association quotes Mr. Thorkild Jacobsen, of the for protection in case of dispute, witnesses were always Assyrian Department of the University of Chicago, who present when a contract was made. After writing was in is assisting in the work of writing the first complete vented, the written contract supplemented the word of
View from top of the ziggurat of the excavations at Nippur, University of Pennsylvania Museum Expedition to Baby lonia, illustrating how archaelogical researches are conducted • TITLE NEWS
witnesses who were still considered very important legally; law could not always be enforced, especially by a poor and their signatures always appear. The practice of hav man against a king who might covet his little plot of ing witnesses to legal papers prepared today comes down ground. But everyone-beggar and king alike-feared from this period. the wrath of the gods; and from 1700 B. C. contracts From 3000 B. C. down to the Christian era the form of transferring the land throughout Babylonia called down the documents transferring the land remained practically leprosy, drought and famine in the name of the gods on the same. First came a description of the land, its s ize "anyone whatsoever who shall take away these lands." The curses were written at the end of the contracts and usually ended with a clause establishing "these boundaries forever." "Whensoever in later days," reads a stone inscription written in this period, "an agent, a governor, or a prefect, 01· a superintendent, or an inspector, or any official what soever who shall rise up and be set over Bit-Khanbi and shall direct his mind to take away these lands, or shall lay claim to them, or cause a claim to be made to them or shall take them away, or cause them to be taken away, or shall side with evil, and shall return these lands to their province, or shall present them to a god or to the king ... or to any other man ... or because of the curse shall cause another to take them or shall cause another to remove this memorial-stone or shall cast it into a river or put in a well, or destroy it with a stone, or hide it in a place where it cannot be seen, upon that man may Anu, Enlil, Ea, and Nin-Makh, the great gods look with anger, and may they curse him with an evil curse that cannot be loosened! May Sin, the light of the bright heaven, with leprosy that never departs clothe. his whole body, so that he may not be clean until the day of his death, but must roam about like a wild ass outside the wall of his city! ... May Gula, the mighty physician, the great lady, put a grievous sickness in his body ... May Adad, the ruler of Deed recording purchase of portion of a house by the heaven and earth overwhelm his fields, so that there may eldest from a younger brother. About 2,000 B. C. Tablet spring up abundantly weeds in place of green herbs and and case or envelope both shown thorns in place of grain! May Nabu, the exalted minister, appoint him days of scarcity and drought as his destiny ... his posterity, may they and exact location; then the names of the seller and the His name, his seed, his offspring, of widespread people!" buyer and a statement that the land in question had been destroy in the mouth One undertook something in breaking a realty contract sold. Usually the price was paid at on~ but there are cases on record where the purchase was made on credit- in those days! duties imposed this credit being a promise to pay written in the contract Owners or lessees of land had certain come to adjoining property. or made before witnesses. At the end of the contract was by law so that no harm might canals had to be kept in good con a note to the effect tnat the participants have corrobated For example, irrigation not overflow the neighboring estates. the purchase by oath (similar to our oaths before notaries dition so they would law had to pay for any damage for legal papers) ; then followed the signatures and the A man who violated this names of witnesses. · The contracts were written by professional scribes and copies were made (not carbons-but another clay tablet laboriously inscribed). One copy was kept in the temple or. some other public place for future reference and the other copy was retained by the buyer who filed it away in a jar in his home. The witnesses rolled their seals upon the tablets and if they did not possess a seal they made a mark on the tablets with the nail of the thumb. The tablets were baked, primarily to prevent tampering with the content. The land was largely in the hands of the crown, the temples that correspond to the banks of today, and the great nobles or merchants who were landed proprietors. The land of the crown was almost entirely cultivated by the soldiers who were given a "fief-estate" in return for their services. "Fief-estates" could not be sold by the tenants. The temples often rented their land to farmers who paid their rent with a part of their harvests. In 2500 B. C. a Babylonian king purchased some large tracts of land and had the transaction recorded in precise stone. It is worth noting language on a large dark-green Lease of a field with one the land that he wanted that this king did not confiscate third of the crop as rental. in a perfectly legal way, but bought it from the owners About 2,000 B. C. which shows how firmly established were the rights of private ownership so many centuries ago. But the times were uncertain and all rulers were not that might result from his neglect. The law also provided respectors of old laws. Predatory kings seized land sold that land owners or lessees must keep boundary walls in or given away before their reign and disregarded the clay good condition. contracts, witnesses and all. And casting around for some About 1800 B. C. an ancient scribe drew up a lease means to insure the ownership of land, these ingenious which was duly executed and which contained the require people filled their real estate documents with awful curses ment that the leesor keep the house in repair, a provision to fall on anyone seeking to set these contracts aside. found in most leases today. The tablet reads: which is owned jointly by Awel-Sin, • People were not afraid of much in those days and the "The whole house 14 TITLE NEWS the judge, and Ilushu-Ibni Sin-Ikisham, the scribe, has The Lawyers Title Insurance Corporation of Richmond rented from (said) Awel-Sin and Ilushu-Ibni for one year. Va., has issued a folder entitled "Evidence." It lists th~ As the rent for one year he will pay five shekels of silver. nan:es of the various insurance companies, surety com He shall plaster the roof and strengthen the walls, the pames, banks, and mortgage companies that have approved leesor will pay the expenses. As (the first) installment he the policies of the company. has paid two shekels of silver." There has been excavated a contract for a house lease for
Announcement was made today of the change of the corporate name of the Erie County Abstract Corporation which owns practically all of the stock of the Buffalo Ab~ tract and Title Company, to the Erie-Monroe Abstract Cor poration. The new company has purchased the capital stock of two ~ochest~r. concerns, ~he Abstract Guarantee Company and its subsidiary, the Title Guarantee Corporation. The f three companies whi::h are thus brought under the same control will continue to operate as individual units with the same offices, management and personnel that they now have. The new combination represents the union of the oldest Title a~d Abstract interests of both Buffalo and Rochester. The Erie County Abstract Corporation and the Buffalo Ab stract and Title Company are the outgrowth of the old Bu!falo Abstract Guaranty Co., which was founded in 1891, while the Abstract Guarantee Company of Rochester is more than forty years old. Deed ab~ut 1940 B. C. Re In the case of both the Rochester and Buffalo Companies cording sale of a field ~he businesses were founded for the sole purpose of mak mg abstracts and guaranteed tax and title searches Some two years with part payment in advance and another years later title insurance departments were added. The where a contract provided that a field be given as security mortgage departments of the business are of the most re for money borrowed by its owner, the lender possessing cent origin. In both the Buffalo and the Rochester com the field until the loan is paid. panies these departments play double roles-they loan People today do not have to spend their time thinking money on first mortgages on improved business and resi up black curses to protect their real estate contracts; dential properties and offer to investors guaranteed first neither do they have to join another family and become mortgages and first mortgage certificates issued under the cluttered up with a lot of new in-laws, but in spite of supervision of the banking department of the state of New their quaint and curious methods, the ancient Babylo york. These four phases of the business will be continued nians began the long process of safeguarding real estate ~n Buffalo by the Buffalo Abstract and Title Company and that has made it valuable down the centuries. m Rochester by the two companies there.
The New York Title & Mortgage Co. has issued a booklet enti~led "The Lien of Federal Court Judgments in the Various States. o~ the Union." It was prepared by George S. Parsons, sohc1.tor of the. national title insurance depart ment, and contams exceptionally valuable information on the subject. The status of Federal Liens is described and outlined separately by each state.
Th~ B~rton Abstract & Title Co., Detroit, Mich., has Mortgage about 500 B. C. Lands are pledged as security b~en 1ssumg ~ome very interesting booklets telling of the for debt payment h1sto~'Y of var10?~ landmarks, changes and developments of certam c?mmumties and of the progress of the city. They were written by Clarence M. Burton, president of the company, and Detroit pioneer. Miscellaneous J\lews of Interest In one case a series of booklets was issued entitled "The Burton Records." Others have been issued treating sep The Alpena Abstract & Title Co., Alpena, Mich., George arately of well-known landmarks that have experienced J. Ouelette, proprietor, has issued a booklet entitled "The several changes in their history. Advantages of Special Services in Real Estate Transfers." This tells a mighty good story of the way the title office can help in realty transactions and the services it can render. McCune Gill has found another way to present some thing of interest and profit. He has prepared a booklet The Intermountain Title Guaranty Co., of Salt Lake containing a story under the name of "The Natural Bridge City Utah, has extended its operations and acquired the to Independence." own~rship of plants for the making of abstracts and issu It reviews the growth and history of St. Louis and how ing of title insurance policies in Salt Lake City, Ogden and fortunes and money have been made in real estate. It was Provo Utah; Boise and Twin Falls, Idaho; and estab pre~ared and issued with the intention of helping and stim lished' agencies for the issuance of title insurance policies u.lat1~g the r~al estate market and is an example of how with abstracters in several counties of Utah, Idaho and title mformat10n can be made interesting and used to ad Montana. vantage in a practical way. • TITLE NEWS ~? 15 Judgments Against Trustees---Their Force and Effect Herbert Becker Chicago, Ill. In recent years there has been an John Doe, duly acting as trustee with jected to the claims of creditors by enormous growth in the creation of the power to borrow money, in the proceedings at law. There is excluded trusts of every kind. With the highly exercise of his power, borrows the from this discussion the matter of efficient organization of trust com sum of $1,000.00 and signs his name judgment liens and execution sales of panies, more testators have created to a note, "John Doe, as trustee." He real estate, the title of which is held l trusts by their wills and family set fails to pay the note, is sued in an by a trustee under a secret trust. Such tlement trusts by trust agreements action at law, and a judgment is re a title may in Illinois be sold on ex inter vivos have become quite common. covered against him "as trustee." As ecution. In this respect the law of Subdividers of great tracts of land trustee, under the same trust, John Illinois is different from the law of have found it expedient to market Doe holds the title to real estate. The other States. This is due to the word their title through responsible trustees. judgment debtor causes execution to ing of our recording act. Emmons v. Various modern inventions of financ issue upon his judgment, levies on the Moore, 85 Ill. 308; Home Bank v. ing real estate transactions, notably real estate held by John Doe, as trus Peoria Trotting Society, 206 Ill. 11. land trust certificates, require the tee, and sells it under the execution. Some authorities will be referred to medium of a trustee. The ownership This example will be referred to from from other jurisdictions where secret of cooperative apartment buildings is time to time to illustrate the various trusts were involved, but where there most effectively accomplished for the points made in the course of this dis- was no recording act. The principles benefit of the cooperative apartment cussion. of those authorities are applicable owners by placing the title of the 1 and 2. here. property in a trustee, and lastly, many Sub-heads 1 and 2 are so closely A few quotations from the leading business enterprises are now being connected that they may be discussed authorities on this subject will serve conducted under trust agreements practically as one subject. At the to illustrate that a judgment against known as common law or Massa very outset it may be definitely stated a trustee is not a lien on real estate chusetts trusts. These and a great that the judgment given in our ex held by such trustee in trust. Thus variety of other transactions are ample is not a lien upon the trust in Huntt v. Townshend, 31 Md. 336, bringing the business world more and property and the trust property can the Supreme Court of Maryland, re more into contact with trustees and not be sold at an execution sale. ferring to a judgment against trus the vast amount of business trans Before proceeding to a demonstra tees, said: acted by trustees makes it a matter tion of these propositions, it is essen "Such a proceeding is a breach of trust, of practical importance to consider tial to constantly bear in mind that and a judgment so confessed is not a lien the effect of a judgment against a trusts are the subjects exclusively of upon the trust property." trustee; how such a judgment is en equity jurisdiction. With this always In Boardman v. Willard, 73 Iowa forced; against whom it may be en in mind it is easy to understand the 20, the title was in "George F. Wool forced; and how a trustee may pro conclusions here reached. In general, ston, trustee." A judgment was ren tect himself from personal liability then, trust property cannot be sub- dered against him as trustee. The on his trust obligations. An exhaustive Court said: search of the books has not disclosed "The judgment was not a lien * * * for a great abundance of material on this all the plaintiff obtained * * * was a lien subject, on the interest of Woolston. If he had but there is sufficient to be none, the plaintiff got none." able to make an an.alysis, which it is In Wright v. Franklin Bank, 59 hoped may be useful. In passing, it Ohio State 80, 92, the Court said: may be said that there is no distinc "Judgments against the trustee are not tion in regard to the subject under liens upon the lands held by him in trust consideration between a trustee under for another." a will, in a deed or a common law The holdings of these courts are trust agreement. further substantiated by the follow For convenience, the subject may ing authorities: 15 R. C. L. 807; Black be best considered under five sub on Judgments, Sec. 421; Hays v. heads: Reger, 102 Ind. 524; Thomas v. Ken 1. Is a judgment against a trustee nedy, 24 Ia. 397. as such a lien upon the real estate It being clear, therefore, that a held by the trustee in his capacity as judgment against John Doe, as trus trustee? tee is not a lien on real estate which 2 . May real estate held by the judg John Doe holds as trustee, it must in ment debtor in his capacity as trustee evitably follow that such real estate be sold under an execution based upon cannot be sold on execution. Indeed such judgment? this is the law and it will require very 3. Is such a judgment a lien on the few citations to illustrate this. real estate of the judgment debtor owned by him in his own right? The leading case is probably Moore 4. Is there any form of judgment v. Stemmons, 119 Mo. Appeal, 162 in known to the law under which a judg which a judgment had been recovered ment creditor may enforce his judg against the trustees in their capaci ment against the trust estate? ties as trustees. The judgment cred itor 5. How may a trustee protect him. had caused an execution to be self from personal liability on his trust issued and a levy to be made upon the obligations? trust property. The proceeding be fore the Supreme Court was a motion Example. to quash the execution, which was • Let us suppose for example that Herbert Becker granted. The Court said: 16 TITLE NEWS "An execution upon a judgment or dec1·ee rendered in a proceeding at law in And in the Huntt case, the Court against a trustee cannot be made to run which they had no opportunity to be stated: against trust property." heard, would require the amendment . '',Such a judgment can only bind the in In Mallory v. Clark, 9 Abbott's d1v1dual property of the parties who con Practice Reports, 3 58, it was said: of several constitutions. Black in his work on judgments in Section 585 fess it." "An execution issued upon a judgment creditor of John Doe, who has cannot be levied upon the trust estate." says: The secured a judgment against John Doe, In Osterman v. Baldwin, 6 Wall. "The general rule is that in aJI proceed 122, the Supreme Court of the United ings affecting the trust estate, whether as trustee, is therefore, not without States held that no title would pass brought by or against third persons, the remedy. He may collect his judg trustee and cestui que trust are so far ment against John Doe individually by a sale of trust property under an independent of each other that the latter execution. The Court said: must be made a party to the suit in order by execution and sale of John Doe's However, the "If Holman had the bare, naked, legal to be bound by the judgment or decree individual property. title, without any beneficial interest in the rendered therein." creditor is not required to sue at law. ' property sold, and no possession, nothing 3. In our example the creditor had a passed by the sale." We may now proceed to consider more direct remedy. He could have Other authorities supporting this what effect the judgment rendered in subjected the trust estate to the pay- f proposition are Lee v. Wrixon, 37 our example will have on the individ ment of the debt incurred by the Wash. 50; Smith v. McCann, 24 How. ual property of John Doe. Is the trustee by a proceeding in equity 398; 1 Freeman on Executions, Sec. judgment a lien upon John Doe's in against the trust property. To this 173; 23 C. J . p. 343; 11 Am. and Eng. dividual real estate even though it was proceeding in equity the trustee and Encyc. of Law, p. 634; Kleber on incurred pursuant to powers given to the beneficiaries would be made Judicial and Execution Sales, Sec. John Doe as trustee and was for the parties defendant. In equity the court 342; and Hussey v. Arnold, 185 Mass. benefit of the trust estate? The judg may subject the trust property to the 202. ment is a lien upon John Doe's indi payment of the debt. Authority if The cases referred to do not all in vidual real estate. This follows from any be necessary for this point, is volve judgments which run against the law that the judgment thus ren found in the few cases on this sub the debtor as trustee. Some involve dered is a personal judgment and, of ject. We quote again from Mallory judgments against the debtors indi course, it being a personal judgment, v. Clark in which the court comment- vidually, but as we shall see, there is it is enforcible against the individual ed on this remedy in these words: no difference between these cases in property of the debtor, John Doe. "An execution of law could never be maintained to reach the estate by making principle, because a judgment against Whatever may be the effect of the Doe" and a judgment against the trustee defendant, but for such purpose "John word "as" when placed before the resort must be had to a proceeding in "John Doe, as trustee" have the same word "trustee" in the laws of deeds, equity." force and effed. They are both per it is absolutely without force in the In Hussey v. Arnold supra, the Su sonal judgments. Therefore, the mode law of contracts and judgments. Con preme Court of Massachusetts said: of enforcing the Judgments is the tracts by or judgments against "John "Such debts, if proper charges upon the same in this--that neither can be en trust estate, can be paid from it under Doe" "John Doe trustee" or "John authority of a court of equity." forced against the trust property by Doe'. as trustee" bave the' same force In Zehnbar v. Spillman supra, this any proceeding at law. In equity, of and effect. They are all personal con language occurs: course, it becomes a matter of im tracts and judgments. In Duvall v. "In short, the trust property cannot be portance whether the judgment is Craig, 2 Wheat. 45, the Supreme reached except by a proceeding in chancery of to which the cestui que trustent must be based upon the individual liability Court of. the United States said: John Doe or whether the debt upon made parties." If a trustee "chooses to bind himself by The creditor's remedy is thus two which it was based was incurred for a personal covenant, he is liable at Jaw for fold. He may recover a judgment at the benefit of the trust estate (in ac a breach thereof in the same manner as law against John Doe, which is en is the individual obligation of John any other person, although he describes forcible against John Doe's individual Doe, in no event, either at law or in himself as covenanting as trustee, for in such case the covenant binds him per property or he may proceed in equity equity, can the trust estate be sub sonally, and the addition of the word 'as to subject the trust estate to the pay jected to the payment of the debt. If, t rustee' is but a matter of description ment of the debt. The question im however, John Doe incurred the debt * * *." mediately arises as to John Doe's re as trustee within his powers and for In Dunham v. Blood, 207 Mass. 512, course in the case where a judgment the benefit of the trust estate (in ac the Court said: has been recovered against him as cordance with our example given at if he is authorized "When a trustee, even trustee and he has been compelled to the outset), while the trust estate to do so, borrows money in behalf of his pay it to avoid an execution sale of cannot at law be subjected to the pay trust and gives a note 'as trustee' the note is his individual note * * *." his individual property. Needless to ment of the debt, yet in equity it can. Carr v. Leahy, say, John Doe, as trustee, has a rem See Hussey v. Arnold, 185 Mass. 202 To the same effect is v. Davis, 110 edy against the trust estate. In our and Zehnbar v. Spillman, 6 Southern 217 Mass. 440; Taylor example, he clearly has a remedy be 214 (Fla.). The cases are therefore, U. S. 330; and Wahl v. Schmidt, 307 cause he had the power to sign the all in point, regardless of the form of Ill., 341. note and incur the debt upon which the judgment. Some of the cases re These authorities establish conclu a note or the judgment was rendered. It is ob ferred to involve almost the identical sively the proposition that Doe, as vious if the creation of the debt was situation stated in our example. It i's contract signed by "John note or con a breach of trust or he had no author a remarkable fact that there appears trustee" is his personal that a ity whatever for it, John Doe would to be no conflict in the cases found on tract. It follows, therefore, only may be, have no recourse against the trust this subject, from which it may be personal judgment not can be ren property. seen with what zeal courts of equity but is the only kind which dered against John Doe. Only three The Supreme Court of the United prevent interference with trusts by 4 which dis States in Taylor v. Davis supra com- courts of law and how uniformly authorities were found were Hussey ments upon this in the following courts of law apply the principle of cussed this point. They Spillman and words: "hands off" to trust estates. v. Arnold, Zehnbar v. Huntt v. Townsend supra. In Hus course, when a trustee acts in good There is another important consid "Of sey's case the Court sa_id: faith for the benefit of the trust he is eration in this connection, namely, entitled to indemnify himself for bis en that the rights of the beneficiaries are "Actions at law upon such contracts must gagements out of the estate in his hands against them and judgments concluded by a be brought and for this purpose a credit for his ex not and cannot be run against them personally." penditures will be allowed in his accounts In such judgment against a trustee. In the Zehnbar case, the Court said: by the court having jurisdiction thereof." a proceeding beneficiaries are not parties. To subject their property to "It is their personal note and the j udg 4. ment would be a personal judgment against of interest is the lien of a judgment or to a sale them to be satisfied out of their own Another question upon execution based on a judgment property." whether any form of judgment is • TITLE NEWS known to the law under which trust the issue of the execution directed payment of the debt. Of course, as property can be sold at an execution that execution be levied upon and col before stated, the trust estate is sale based upon a judgment at law lected out of the trust property. The liable only in the event the trustee against the trustee. An analogy might Supreme Court of Florida expunged had the power to incur the debt or be sought in the prevalent form of the order with these words: incurred the debt for the benefit of judgments against receivers, which is "There is no authority of law for such the trust estate. If the trustee, how made to run against "A, as i·eceiver, an order." ever, even in the face of a stipula to be paid out of the funds held by In view of these decisions it is safe tion protecting him against personal him as receiver." See McNulta v. to assume that a judgment against responsibility, suffers a judgment to Ensch, 134 Ill. 48. A similar form is "John Doe, as trustee" is a personal be rendered against him at law the • used in judgments against executors judgment against John Doe, regard judgment would be a personal judg and administrators. But due to the less of any language in the judgment ment. The stipulation would be only jealous exclusiveness of the jurisdic- intended to give it any other eflect. a defense against the judgment before \ tion of courts of equity over trusts it is entered. If not asserted, the and trustees, no form of judgment 5. judgment becomes a valid personal can be devised which the courts will It remains now to consider one judgment. recognize as the basis for subjecting more aspect of the subject, namely This manner of protecting himself trust property to an execution sale. the manner by which a trustee may against personal liability is specifically Judge Storey said in Duvall v. Craig protect himself from personal liability recognized by the cases. Thus in Carr supra: in dealing with trust matters and in v. Leahy, 217 Mass. 440, the court re "It is plain * * * there could have been curring debts on behalf of the trust ferred to this method as follows: no other judgment rendered against them estate. As has been before shown, to (the tl'Ustees) for at law a judgment "If a trustee contracting for the benefit against a trustee in such special capacity sign a contract or note "as trustee" of a trust wan ts to protect himself from is utterly unknown." is to incur merely a personal obliga individual liability on the contract, he must tion. But if a trustee should sign a stipulate that he is not to be personally In Moore v. Stemmons, already re responsible, but that the other party is to ferred to, the judgment against the note "As trustee, and not individual look solely to the trust estate." trustee contained an express direction ly," he thereby relieves himself from And in Austin v. Parker, 317 Ill. for satisfaction of the judgment out personal liability and no personal 354, the court said: judgment, in fact, no judgment what of the trust property. This judgment "The rule is well settled that a guardian, apparently attempted to follow the ever should be rendered against him. execufor, administrator, trustee, or other form of judgments used in cases of Any similar stipulation added to the person acting in such relation, in a con receivers. In setting aside the judg words "as trustee" to the effect that tract with third persons binds himself per the trustee shall not be personally sonally, unless he exacts an agreement ment, the Supreme Court of Missouri from the person with whom he contracts to said: liable will protect him. In such case look to the funds of the estate exclusively; "An execution upon a judgment or decree no judgment should be rendered and this is true regardless of whether the against the trustee cannot be made to run against the trustee, but the creditor charge is one for which the trustee may be against the trust property." reimbursed from the trust estate, as that must resort to a court of equity and is a matter wholly between him and the In the Zehnbar case the order for there subject the trust property to the beneficiaries of the trust."
San Antonio, the Next Convention City
Well, as the monkey said-"lt won't city of New Orleans is now located of the river later named the San Antonio. be long now!" Here it is July, and the looked down upon the verdant valley Here they found a colony of the Tejas twenty-third annual convention of the (meaning friendly) Indian . This name American Title Association is to meet was later changed to Texas, which the in t he historic and romantic city of state bears to this day. In the name San Antonio, Oct. 22, 23, 24 and 25. Tejas, t he j is pronounced as h, and in The business program is about com pronouncing the Indian name it is plete and the entertainment committees similar to the Spanish in that it is pro in the Alamo City are wrestling with the nounced as Tehas, the h being almost hot tamale, frijole and tortilla contractors silent. I down there in order to have these superb Of the five flags that have floated over Mexican dishes built according to speci San Antonio, this section has paid allegi fications and ready for the gang when it ance to only five nations. The French gather . This is the information we although their flag has fiiown over the get from Edward Raymond, convention city, never claimed this section. This manager. encroachment of the French caused the There is no need for us to stress here Spanish Viceroy to send other expe the genuine hospitality of Texas folks, ditions into Texas for conquest and especially those around San Antonio, for settlement, and in 1718 the first settle their fame as hosts has been abroad in ment was made here. the land for many moons. But, we do want to call to your attention some of In the year 1731 the King of Spain the historic and romantic attractions of sent fifteen families from the Canary this wonderful city. Islands and this colony was the first Historically, San Antonio dates back officially recognized civic settlement of to the year 1690 when the first expedition Texas under the name of San Fernando sent out by the Spanish Viceroy of the de Bexar (pronounced Bear.) Thirty Province of Mexico to determine the years later this city, then renamed San purposes of French explorers who had San Juan de Capistrano Mission Antonio, for Saint Anthony, became the • made their headquarters near where the (1731) San Antonio capital of . Texas which had, in 1836, 18 TITLE NEWS dccln.rcd and won its freedom from At Corpus Christi- A Convention Side-trip Spanish and Mexican rule. Until 1848, Texas was a republic and came into the Union on its own terms and became a part of the United f::llalc::; of America. For more than half a century San Antonio was the center of conflict between the royalists of Spain and the Mexican revolutionists, and Military Plaza wa · the official execution grounds for satis fying the whims of the various garrison commanders. Resolved to hold this immense terri tory against all intruders, King Ferdi t nand III of Spain encouraged the Fran ciscan monks to establish the missions to be used as churches and also as forts in case of attack. These mis ions are still standing in San Antonio today, and with the exception of the Alamo, are still used on Sundays for regular services. You will be taken through these ancient, his toric and venerable edifices, nearly 200 years old, when you visit Ran Antonio during convention week. San Antonio was an important military center during the Mexican War, the Civil Fishing is at its best during the time of the 1929 convention War, and wa made the largest military center of the United States during the Note: It is reported that the string shown above is about an average late World War, when eight camps were day's catch for Henry Baldwin built, and were later made permanent establishments. These have now been consolidated into four aviation centers and Fort Sam Houston, home of the farnou~ Second Division and also head quarters of the Eighth Corps Area, embracing five states; the Arsenal and cooperation between military and civil Against this mellow background of its Camps Stanley and Bullis, artillery and authorities in the entertainment of visit romantic history stands the San Antonio rifle ranges. ors and promotion of the welfare of the of today-the largest city in Texas, with Mention here has been made of the city is commented upon by the visitor. its modern skyscrapers ·reaching thirty military importance of our next conven five stories toward the sky jostling its tion city because so many of the present Jealousy probably prompted the state ancient missions and cathedrals. membership of the American Title Asso ment that "God, and the Army, made And today, as yesterday, men come to ciation trained in the Alamo City during San Antonio." No one knows the origin San Antonio to LIVE!-lured by the t,hc late World War and no doubt are of this statement but God has certainly dazzling glory of its sunshine, the silver anxious to again visit the scenes sur been good to San Antonio and South radiance of its moonlit nights, romance rounding their first war experiences. Texa . Here will be found the most de at every turn of the streets, the sparkling In addition to its fame as the largest lightful all-year climate in the United purity of its water and the delights of its training center for the United States States, not barring California or Florida. wondrous climate. There is no rainy season, no storms, tidal Army, San Antonio is the largest city in Start making your plans now to attend Texas, and also is a city of the first mag waves, fogs or earthquakes. And there the twenty-third annual convention of nitude in manufacturing and commerce, has never been a case of heat prostration the American Title Association at sunny and is the gateway to the Republic of in the city of San Antonio. So don't San Antonio, Oct. 21 to 26, this good year. Mexico. let anything keep you away from this San Antonio awaits you with open Aside from its recognized standing as convention. arms and with a generous hospitality that the largest military center in the United The name of San Antonio conjures a knows no bounds or limitations. Ju ·t a States, San Antonio is one of the most picture of intoxicating sunlight, haunted visit to this historic city will be well peaceful and hospitable cities in the entire by the memories of a romantic past; a worth your time and expense aside from South. The Army here weaves a color city of picturesque contrasts, set in a fer the association with old friends and the ful thread through the tapestry of San tile Vftllcy; a spot so lovely that old world value you will get from the business pro I Antonio's daily life. Every branch of the nations warred to own it, two hundred <>Tam at this convention. San Antonio is service is repre entcd here and the hearty years ago. waiting!
Travel to the Convention with the Crowd!
Join the Gang at either Kansas City or St. Louis
HAVE YOU WRITTEN JIM ROHAN AND MADE YOUR RESERVATION? I TITLE NEWS 19 Federal Liens Again By Charles C. White, Cleveland, Ohio
The writer has no desire to add to the become li ens within any state. All that estate unt il an attested copy of the judg interminable wrangle about the lien of any state legislature may do is to pro ment is filed in the office of the clerk of judgments in Federal Courts. Ile has vide the machinery whereby the federal the district court of the county in which already said all that he knows, probably act may become operative. Those state the real estate lies. more. laws which say in effect, "If, as, and when "11605. Docketing transcript. uch But like Daniel Webster in his famous certain things are done the judgment of clerk shall, on the filing of such transcript ' reply to Hayn Let's first get back to federal courts shall be a lien" have always of the judgment of the supreme or district where we started from and read the law, seemed to the writer an impertinence. court of this state or of the circuit or Act of August 1, 1888, as it exists at pres Now it seems to the writer that the district court of the United States in his ent: common sen e of thi whole matter may office, immediately proceed to docket and be summed up a follows: index the same, "That judgments and decrees ren in the same manner as thoug dered in a circuit or district court of (a) If a judgment of a state court h rendered in the court of hi s own the United States within any state, is a lien in county A, the county county." shall be liens on property through wherein the judgment is rendered, Now let's take Section 11603 and see out such state in the same manner only upon registering, docketing, re what happens: and to the same extent and under cording, indexing, etc., the lien of Judgment in a federal court sitting in the same conditions only as if such the judgment of a federal court in a County A. judgment had been rendered by a district including county A may be Judgment in a state court sitting in court of general jurisdiction of such confined to county A, if the state ounty B. state. Provided, That whenever the statutes provide the same machin laws of any state require a judgment ery for registering, docketing, re The state court judgment is a lien in or decree of a state court to be regis cording, indexing, etc., federal court County B as soon as rendered. The tered, recorded, docketed, indexed, judgments as is provided for the federal court judgment is not a lien in or any other thing to be done, in a state court judgment. County B until an attested copy of the judgment is filed therein. particular manner, or in a certain (b) It seems to the writer that the office or county, or parish in the only conformity contemplated by the Is this conformity? Mr. Parsons in his State of Louisiana, before a lien shall Act of 1888 is between the lien of article in The Lawyer and Banker, Nov. attach, this act shall be applicable federal judgments and the lien of Dec. 1928 issue, says it is; a writer in therein whenever and only whenever state court judgments in the county Iowa Law Review for December, 1928, the laws of such state shall author where rendered. When this con says it is; our friend E. F . Dougherty says ize the judgment and decrees of the formity has been properly establish it is; and we infer that Mr. Hackman so United States courts to be registered, ed by statute, all that was contem considers it, since he does not list it recorded, docketed, indexed, or oth plated by the law of 1888 has been among the non-conforming statu tes in his erwise conformed to the rules and done. As is said by Chief Justice article in the January-February, 1929, requirements relating to the judg Taft in Rhea vs. Smith: "It is the i su of The Lawyer and Banker. With ments and decrees of the courts of inequality which permits a lien in all due deference to these men, for all of the state." stantly to attach to the rendition of whose opinions we have a high regard, Now it seems quite clear to the writer the judgment without more, in the we simply can not agree with them that t han an application of the following state court which does not so attach the Iowa statute is a proper conformity propositions to the judgment lien law of in the federal court in that same statute. any state will settle the much discussed county that prevents cbmpliance If the Iowa statute (and similar tatutcs question of conformity or non-conform with the req uirement of Section 1 of in other states) is a good conformity i ty. the Act of 1888." statute, it necessarily fo llows that the 1. It is not a question of extending the (c) It does not seem to the writer writer ha been wrong all these years in lien of a federal judgment beyond the that the Act of August 1, 1888, con his contention that a state whose judg limits of the county wherein the federal templates any distinction between ments are a lien from rendition, are in no co urt judgment is rendered. That ha the effect of a federal court judgment position to take advantage of the federal "nothing to do with the case." It is a in the county where the federal court law. The writer may be wrong, of course, question of confining the operation of a happens to sit and its effect in other and he is willing "to be shown." federal judgment the lien of which is prima counties comprising the federal It still eems to the writer that two f acie co-extenS1·ve with the territorial limits court district. things are necessary to a proper conform of the federal district, to the territorial ow let's apply these theories to the ity statute: limits of a county or other imil ar dis recent Iowa law concerning which there First, provide that judgments in trict in a tate. seems to be a difference of opinion. The , state courts shall not be a lien in the 2. The first sentence of th Act of law is as follows: county where rendered until some 1888 is a statutory declaration thing other of the " 11603. When judgment lien attaches. than rendition has been former judge-made law, to-wit, i that the When the land lies in the county done. wherein lien of any judgment is prima facie co the judgment of the di trict court of this Second, provide the machinery extensive with the territorial limits o f state or of t he c ircuit or district courts of whereby the holder of a federal the court rendering it. the United St ates was rendered, the lien court judgment may avail himself of 3. The rest of the Act of 1, 88 simply shall attach from the date of such rendi whatever process is necessary to provideR a method whereby the prima tion, but if in another it will not attach make judgments in state courts a facie trrritorial rxtent of a fpderal jud~ until an atlcHted copy of the judgment is lien. rnrnt mtt\' hr <' Ill down and eonfinrd filrd in the office of the rlerk of the dis It seems to the w ri l r that too many within t I H~ limit Hor a <'ounty. trict rnurt of the c•o1mtv in whiC"h thr real stair legislatures seek to bring about PHI ate li es. · 4. lt is on ly i>y n•ason oft hr oprration conformi ty without rat ionali zin g t be law of federal law (j udge-made la\\' prior to " 1 lGO J. Suprrmr <"Ourt judgments. tts to the li rn of judgmcnts in slate •ourts. 1888 and thereafter the Act of August The lien of judgments of the supreme Like unto charity t his is a matter wherein • 1, 1888) that judgments of federal court:; court of Iowa shall not attach lo any real the start should be made at home. 20 TITLE NEWS Of Interest to Convention V isitors- -- T exas Land Titles Have Historical Facts Since Flags of Six Nations Have Flown Over Its Soil By W. C. Morris, Houston, Texas
The history of Texas ha a direct bear Ponce de Leon found La alle's colony Texas, then, was a part of Mexico, and ing on the title to all land in the sl'ate. abandoned and also learned from the the Mexican flag flew over the boundaries It is n.ot generally known that six Indians that La Salle had been dead two of the state and all land titles during that separate governments have had control years, and under the directi n of Spain, period of time found their basis in grants of Texas in its history. There is not the Franciscan priests who were pledged from the Mexican government. The another state in the union that has had to poverty and self-denial undertook the Mexican Government further decreed the varied allegiances that this state has work to convert the savages to the Catho that Texas become united with Coahuila had, and for that reason there is not an lic religion. and titles to our Harris County property other state in the union which has land Gentle but firm, these priests exercised had their beginning under this Mexican titles similar to Texas. a strange fa cination over the Indians, Government. Every land title must begin with a and as a result., between 1714 and 171 , Just a little after this, Santa Anna sovereign government, and must con mi sions were built at Victoria, St. came upon the scene of Texas. He pro tinue in a regular chain of conveyances Augustine, Nacogdoches and Goliad. fessed great love for the Texans and was from the sovereign government down to The mission Alamo, originally built on elected president of Mexico, and it was the present owner, and when you con the Rio Grande, in 1703, was removed to during this period of time that the citi sider that Texas has been under the San Antonio in 1718 and in the year 1744 zens of Texas appealed to him for separa dominion of six separate sovereign gov was rebuilt on the site where it now tion of Texas from Coahuila. ernments, you can easily recognize that stands, Alamo Plaza, San Antonio. Stephen Austin carried these petitions the titles to land in Texa would be more The pani h were thrifty home build to the Mexican Congress, and while there or less complicated because of that fact. ers, and because of their progressiveness, he was seized by the Mexican Govern Along the original Atlantic Coast or San Antonio became well known and ment and placed in jail for two years, with the original colonies of the United almost everyone who had business in after which time he was allowed to return States, their sovereign governments were Texas or Mexico traveled the old San to Texas. England and Holland. For the early Antonio highway. The situation in Texas was gloomy source of title to Texas and the Gulf The Gulf waters of Texas during thi indeed, as Mexico bad forbidden the Coast territory, one must look to the time were infested with pirates and Americans to either locate in Texas or Spanish grants. Galveston Bay was a Pirale stronghold. trade there. Criminals and disabled and The history of Texas is not only glori Jean Lafitte, one of the boldest of these diseased soldiers from the Mexican army ous, but is unique. Few countries and pirates, in 1816, sailed for Galveston were sent to Texas to settle. A strict no other state since the days when Nero Island where he established a miniature military rule was enforced at the point ruled Rome, have given allegiance to six kingdom, which became the rendezvous of a bayonet, and at this period Texas flags. Texas history begins in 1684 for adventurer from all lands. Lafitte sounded the call for the war of independ furnished when La Salle was granted permission lived in great style in a richly ence, and men poured into Texas from by the King of France to establish a home, known as the "Red House," on every quarter to rally around th<,J banner colony at the mouth of the great river Galveston Island, where loot was divided and others tbc Mississippi. between fo llowers and plans for pirate of Austin, Houston, Bowie. whose names are well known in Texas La alle in his exploration happened attack were formulated, and during this and there Sam Houston wa into many accidents. ome of his hips period of time, the earliest real ettlement history, were captured by the Spanish. High of Texas began, and over the State flew made commander-in-chief of the Texas wind and waves carried his vessel away the flag of Spain. Many grants to land army to be raised. On Mar. 6, 1835, the from its destination, past the mouth of were issued by the Spanish Government, Mexicans fell upon the Alamo where the the Mississippi to the low-lying shore of and some of these grants are still in valiant Texans were butchered, and not one of the numerous bays on the T xas effect, ratified and acknowledged by the a man was left to tell the tale. coa t known as Matagorda Bay, and at treaties between the countrie . The Texan war for independence is this place, La Salle's vessel went aground. In 1824, Mexico became an independ familiar to everyone. The decisive battle And it is said that a part of the original meanlime, Moses was held on the banks of Buffalo Bayou, boat can still be seen at low tide. ent nation, and in the at the spot now La Salle's dream of colonizing Louisiana Austin, who originally came from near the city of Hou ton, was never realized, but he, unknowingly, Missouri, began the establi hment of a marked by the Sam Jacinto Battle became the discoverer of Texas, and he colony in Texas. Grounds. established two (2) camps; one on the Moses Austin died before his colony Santa Anna left his main army at the shore of the Matagorda Bay, and one on was founded, however, but he left to Brazos and with one thousand men the pre ent site of Indianola, a small his son, tephen Austin, the duty of car marched to Harrisburg, which he looted coast town not many miles distant from rying out colonization, and Stephen and burned. of landing. In both he his first place Austin chose the rich lands, lying be The Texans fell upon the Mexicans at buil t forts, as protection against the and Brazos Rivers Indians, and above these two forts, and tween the Colorado the bend of this bayou, completely cut above the soil of Texas, flew the flag of and allotted 640 acres to each married ting them off from e cape, and the entire France. colonist, 140 acres to each child and 80 Mexican army received a decisive beat These two colonies came to grief and acres to the owners of each slave. They ing, Santa Anna himself being captured, because of raids by the Indians and were to be free from taxation for six and the independence of Texas was internal strife they were abandoned. years. achieved. The declaration of Independ Ponce de Leon, voyager and discoverer The town that was establi h d on this ence wa signed at San Felipe, and in for Spain, named this country Tcxa~ grant was Snn Felipe de Austin and September, 1836, General Houston was which means in the Comanche Indian became known far and near as a p!a,ce of elected president of Texas, and then the tongue "Friends." prosperity. Lone Star flag of the independent rcpub- • TITLE NEWS 21 lie of Texas flew over the boundaries of this state and marked the fourth flag of a sovereign government in this state. Many of our land titles begin after this period of time out of the independc:>nt republic of Texas. The Lone State state Aag was furled in 1845 when Texas was admitted to the Union and the flag of the United States stood dominion over the lands of this state. Abraham Lincoln was elected pr ident of the United States in 1860, and in the year 1861 Texas, with the other southern states, withdrew from the Union. General Sam Houston was opposed to secession, but his sympathies were with Texas. He died on July 26, 1863, with the knowledge that one of his sons had entered t he Confederate Army and had fought valiantly with nearly ninety t housand Texas soldiers who fought un der t he stars and bars for Lee and the Confederacy, and during thi period of time the fl ag of the Confederacy of the south was t he recognized flag of Texas. Bird's-eye View of Alamo Plaza, San Antonio Texas again changed flags on April 9, 1929 Convention City 1865, when General Robert E. Lee, be loved Southern warrior, surrendered at Appomattox Court House in Virginia to General U. S. Grant, and from that period, down over the State House at Austin flies the Stars and Stripes. six sovereign governments, and Texas has government. For that reason, Texas The title to any land is dependent upon been subjected to six separate flags. Each has been under many and varied rules the history of its state, and in addition, sovereign government has had supreme and regulations of its land titles. Some is dependent upon the lives and action of authority in the state, and the granting of the titles to land in Texas begin with the people who have owned it. of land and the making of laws relating one government, while some titles begin The history of this state has given us to land is a power and duty of sovereign with another government entirely.
New Orleans-Available to Convention Visitors
Jackson Square • 22 TITLE NEWS
Compiled from Recent LAW QUESTIONS Court Decisions by AND THE McCUNE GILL Vice-President and Attorney Title Insurance Corporation of St. Louis, COURTS' ANSWERS St. Louis, Mo.
What is effect of life tenant's Is deed by corporation good deed under power in will, where after failure to pay license tax? directions of will are not followed? Deed held void in California even though corporation It makes no difference in Tennessee because remainder was merely suspended and not forfeited. Usher v. Henkee, are void in that state if the life tenant is given full power 271 Pac. 494. to sell or devise. In this case life tenant was given power to sell by deed with three witnesses but used only one. Does plot without dedication es Vandecenter v. McMullen, 11 S. W. 2nd 867. tablish streets? Yes. Fritzgerald v. Smith, 271 Pac. 507 (California). Is description good without name of State and County? Is tax deed good if part of taxes Held good if names of owner and bounding owners are are invalid? given. Wilson v. Calhoun, 11 S. W. 2nd 906. No; deed is void. Wolfe v. Brooke, 271 Pac. 669 (Oklahoma). Can purchaser at foreclosure Is acknowledgrnent of mort take title free from prior mortgage gagee good? having wrong range number, of No. Heitzman v. Hannah, 221 N. W. 470 (Iowa). which he has actual notice? He will take good title if the mortgagee in the fore closed mortgage did not know of the prior mortgage. Can street improvement assess American v. B ray, 11 S. W. 2nd 1016 (Missouri). ments be recovered if paid under protest? Is purchase money mortgage No. Reliance v. City, 221 N. W. 290 (Michigan). superior to mechanic's lien against purchaser? Is pasturing cattle considered Usually is, even though mortgage is made subject to adverse possession? building loan. Prichard v. Causey, 12 S. W. 711 (Ten No. Bank v. Morrison, 221 N. W. 383 (Wisconsin). nesee). Does power to sell in will convert Does reference to former deed land into personalty? cure defect in description? It does if sale is mandatory or directed, and not merely Yes; as where beginning point is southwest corner in discretionary; and provision requiring payment of large stead of southeast corner, but deed containing correct sums amounts to a mandatory direction. Cawker v. description is referred to. Lee v. Long, 118 So. 320 Dreutzer 221 N. W. 401 (Wisconsin). (Louisiana). Is lease to unlicensed foreign Can one beneficiary of trust sue corporation good? another for partition? Held good in Alabama even where mercantile corpora No. Heiser v. Brehm, 221 N. W. 97 (Nebraska). tion intended to carry on its business in the store. Fried lander v. Deal, 118 So. 508. Is blank deed signed by wife good, when later signed by hus Must option to purchase land be band? in writing? Not as to parties knowing the facts if the property is Held not in Oregon even though connected with lease. homestead. Storz v. Clarke, 221 N. W. 61 (Nebraska). Richardson v. Ruby, 271 Pac. 600.
Does adoption of child revoke Is actual occupancy necessary to will? homestead rights? It does in Michigan as to such child. In re Rendell, assert Mere intention to occupy at some future time is suf 221, N. W. 116. ficient. McMullen v. Carlis, 27~ Pac. 665 (Oklahoma). Is unrecorded assignment of mortgage binding on subsequent Can water right be sold separate lender? from land? Not in North Dakota, Holvick v. Black 221 N. W. 71. Yes, and it is real property. Twin Falls v. Shippen, 271 Pac. 579 (Idaho). Is a fee or easement reserved by deed from rail1·oad "excepting and Is encroachment of walk bind 1·eserving the strip used for rail ing on pU?·chaser? road purposes"? Held not if encroachment was not noticeable on casual Held an exception and that the railroad retained the inspection, even though it could have been discovered by fee. Newport v. Hatton, 271 Pac. 471 (California). survey. Ashton v. Buell, 271 Pac. 591 (Washington). I TITLE NEWS 23 The Miscellaneous Index Items of Interest About Title Folk and the Title Business
The value of title insurance for mortgage loans and The Union Title Co. of Indianapolis, Ind., is another particularly building and loan association securities has company that has joined the ranks of those issuing an been stressed before these companies in articles in maga- attractive, interesting house organ for distribution to its 'zines reaching them. · clients and prospective customers. • President Wyckoff prepared an article published in It is entitled the UNION TITLE NEWS, will appear BUILDING & LOAN NEWS and Vice President Stoney monthly, and is "issued in the interests of the real es \for the WESTERN BUILDING FORUM. Both of these tate profession." have appeared in recent months. Harrison B. Riley, president The Union Title & Guaranty Co. of Detroit announces of the Chicago Title & Trust Co., has issued the appointment of Edward Straehle and his customary summer letter ad Frank I. Ken dressed nedy as Assistant Vice Presidents. "To my friends of the Chicago Bar." In this one he desires Mr. Straehle is in charge of the title examining to allay and set at rest the none depart too-pleasing rumors that ment and Mr. Kennedy in charge of the law division. frequently are noised about hinting of the purchase or merger of that company by others. Comment is made that the The POTTER LOG has recently made its appearance. company has long enjoyed and profited by its isolated position; is free from It is the house organ of the Potter Title & Trust Co. of connections with lawyers, realtors, Pittsburgh and will be issued monthly. It is edited bank and bond houses by and has proceeded upon its and devoted to the interests of personnel of the company. lonely way, lovingly helping everybody and harming no one; that it has had no part in diverting traffic from one person or George Thalman, one of the hosts and representatives institution to anoth er person or institution; that in of the Burton Abstract Title order to do business & Co. at the Detroit Con speedily and well the company early vention, sends word that he is leaving the found it to be neces title fraternity sary to mind its to become associated with own business and neither inclination nor the Capitol Savings & Loan necessity Co., Lansing, Mich. requires it to sell out to stockholders or patrons. Mr. Riley's annual message is always anticipated by He will continue his residence i,n Detroit, being in those accustomed to receiving them. charge of the company's office in that city. His many friends and acquaintances will wish him the Probably one of the longest title guarantees ever best of everything in his new work. issued was that recently delivered to the officials of the city of Huntington Park, Calif., by the Title Insurance & The Guarantee Abstract Co. of Georgetown, Trust Texas, is Co. of Los Angeles. sues every Friday its LAND TITLE NEWS. It was for use in connection with the condemnation of It appears printed on single sheets, punched for filing certain streets and alleys in that city, covered in ring binders, the binders having, been 221 dif furnished with ferent parcels of land and the the first issue to the company's guarantee itself was of customers and those on 513 pages. the mailing list. It contains interesting news and information on title matters, with some good hints on title service. The Security Abstract Co. of Independence, Kans., is one abstract company that is going after escrow busi Announcement is made of the election to the presi ness and building up a growing and profitable department. dency of the new Commonwealth Title Co. of Philadelphia Fred Wilkin of the company has outlined an energetic of Henry R. Robins. advertising and business getting campaign of direct mail Mr. Robins entered the title business in 1892 as a clerk matter that certainly has an appeal and tells of the merits in the Equitable Trust Co., later being elected vice presi of such service. dent of the Real Estate Title Insurance & Trust Co., and An escrow business is something that presents a logical vice president of the Land Title & Trust Co. and possible paying sideline for the abstract office. He was subsequently president of the Peoples Bank & Trust Co. and upon a consolidation and purchase of other The Title & Trust Co. of Peoria, Ill., announces the companies by the Commonwealth Title Insurance Co. its opening of a branch office in Pekin. vice president. The expansion will provide abstract and title insurance The new Commonwealth Title Co., of which he is now seryice for Tazewell County. president, is owned by seven of the Philadelphia title com panies, which have pooled their title plants for the pur Much of the material used in TITLE NEWS is used by the pose of consolidating the business of making searches and association members for advertising, in talks to real estate , issuing policies, and has a capital of five million dollars. boards, newspaper articles and many other ways. Any member is free and welcome to use at any time, anything The Provident Title Co., Philadelphia, which continues that comes to him from the association. the business of the old Commonwealth Title Insurance McCune Gill's articles and court decisions are not only ' Co., announces the advancement of C. Barton Brewster very popular but made use of many times and in quite some and Harry E. Jordan, title officers of the Commonwealth novel ways. Co., to the positions of Vice Presidents and Title Officers of the Provident. The new title insurance law recently passed by the Texas legislature permits those qualifying thereunder to add The Sayre Abstract, Title & Guaranty Co., Sayre, Okla., mortgage and trust business departments to their organ announces the completion of its new building and location izations. for business in it July 1. This has resulted in the changing of the names of some It has equipped itself with quarters and equipment of of the long known and established companies. Among them the last word in design and efficiency. This company is an to make the announcement already are: The Guaranty Title example of the progressiveness and character of what an & Trust Co., Corpus Christi, formerly the Guaranty Title abstracter in a small town, or sparsely settled community, Co., and the Scott Title & Trust Co., Paris, formerly the • can build . Scott Title Co. 24 TITLE NEWS The American Title Association Officers, 192 9
General Organization
President President, Guaranty Title Trust the Association is the Chairman Terming Ending 1930 Company. of the Committee.) Fred P. Condit, New York City,• E. C. Wyckoff, Newark, N. J., Vice President, Title Guarantee, Vice. President, Fidelity Union and Trust Co. Tille · Ii Mortgage Guaranty Executive Secretary Term Ending 1929 Comwmy. Richard B. Hall, Kansas City, Mo., Walter M. · Daly, Portland, Ore., M. P. Bouslog, GuU:port, Miss., 906 Midland Building. President, Title and Trust Com President, Mississippi Abstract, f Vice President pany. Title and Guaranty Co. Paul Jones, Cleveland, Ohio, Vice Donz.el. Stoney, San Francisco, Executive Committee Christi, Call!irnifa, Vice President and Henry B. Baldwin, Corpus President, Guarantee Title and (The President, Vice President, Tex., President, Guaranty Title Trust Company. Mana:itwr, Title Insurance and Treasurer, Retiring President, and Company. Guarant:r Co. Chairmen of the Sections, ex-of Councillor to Chamber of Com ficio, and the following elected J . M. Dall, Chica.go, Ill., Vice merce of United States Treasurer members compose the Executive President, Chicago Title and Fred P. Condit, 176 Broadway, J. M. Whitsitt, Nashville, Tenn., CommittP.e. The Vice President of Trust Company. New York City.
Sections and Committees
Abstracters Section Committee on Constitution and Connecticut-Paul S. Chapman, North Dakota--John L. Bowers, By-Laws Bridgeport, Kelsey Title Co. Manden, Manden Abstract Co. Chairman, James S. Johns, Pendle M. P. Bouslog, Gulfport, Missis Rhode Island-Edward L. Singsen, Minnesota-E. D. Boyce, Mankato, ton0 Ore., Vice President, Hart Providence, Title Guarantee Co. Blue Earth County Abstract Co. ma~. Ab1tract Co. sippi, Chairman Mississippi Ab stract & Title Guaranty Co. of Rhode Island. Wisconsin-Julius E. Roehr, Mil B. Clarke, Vice-Cllaitman, W. N. W. Thompson, Los Angeles, Massachusetts-Theo. W . Ellis, waukee, Milwaukee Abstract & Y:ilu · Cify, Mont. President, & Springfield, Ellis Title & Con Title Guaranty Co. Custa Abstract Co. California, Title Insurance Trust Co. veyancing Co. Michigan-Ray Trucks, Baldwin, Secre.tar:r, E. P. Harding, Wichita Cornelius Doremus, Ridgewood, Lake County Abstract Co. Fall.8, Tex. Manager, Central New Jersey, Fidelity Title & District No. 2: (Pierce Mecutchen, Abstra<:t Co. Mortgage Guaranty Co. Philadelphia, Pa., District Chair man). District No. 8: (Frank N. Stepanek, Title Insurance Section Committee on Cooperation Pennsylvania-Pierce Mecutchen, Cedar Rapids, Ia., District Chairman). Ne Philadelphia, Real Estate Title Chairman, Edwin H. Lindow, De- E. F. Dougherty, Omaha, Co. troit. Mich. Vice-President, braska, Chairman, Federal Land Insurance & Trust South Dakota-A. L. Bodley, Ut\ilm_Tftle and Guaranty Co. Bank. West Virginia-George E. Price, Sioux Falls, Gett:r Abstract Co. Charleston, George Washington Vice-Clia!):lpan, Harry C. Bare, W. P. Waggoner, Los Angeles, Iowa-Frank N. Stepanek, Cedar Ardmoi:e, · Pa. Vice-President California, California Title In Life Insurance Co. Rapids, Linn County Abstract lilerfon Title & Trust Co. surance Co. Virginia-H. Laurie Smith, Rich C"o. mond, Lawyers Title Insurance Secretar;r, R. O. Huf!, San An L. S. Booth, Seattle, Washington, Nebraska-Leo J. Crosby, Omaha, tontd,;·· Tex. President, Texas Washington Title Insurance Co. Co. Midland Title Co., Peters Trust Title Guaranty Co. Chas. C. White, Cleveland, Ohio, Bldg. Land Title Abs tract & Trust Co. District No. 8: (Richard P. Marks, Wyoming-Kirk G. Hartung, Jacksonville, Fla., District Title Examiners Section W. H. McNeal, New York, New Cheyenne, Laramie County Ab York Title & Mortgage Co., 186 Chairman). stract Co. Chairman. Stuart O'Melveny, Los Broadway. Florida-Richard P. Marks, Jack An.ules, Calif. Executive Vice Kenneth E. Rice, Chicago, Illinois, s onville, Title & Trust Co. of District No. 9: (Ray McLain, Ok Prea!Uent, Title Insurance & Chicago Title & Trust Co. Florida. lahoma City, Okla., District Trust. Co. North Carolina-D. w. Sorrel, Chairman). Vic~.;((l;lairman, Elwood C. Smith, Committee on Advertising Durham. Kansas-Ernest McClure, Garnett, Ne:wburtrJi, N. Y. President, Hud White Abstract & Investment son- Counties Title & Mortgage James E. Sheridan, Detroit, Mich., South C'arolina-J. Waties Thomas, Chairman, Union Title & Guar c/ o Thomas & Lumpkin, Colum Co. Oo. anty Co. bia. Secretary, R. Allen Stephens, Oklahoma-Ray McLain, Oklahoma Sprfndeld, Ill., Brown, Hay & Golding Fairfield, Denver, Colo., Georgia-Hubert M. Rylee, Athens. City, American First Trust Co. Stephens. Title Guaranty Co. Colorado-Milton G. Gage, Sterling, Harvey Humphrey, Los Angeles, District No. 4: (Coit L. Blacker, Platte Valley Title & Mortgage Calif., Security Title Insurance Columbus, Ohio, District Chair- Co. Proirram Committee, 1929 Co. man). Convention & Guarantee New Mexico-J. M. Avery, Santa C. A. Vivian, Miami, Fla., Florida Tennessee-John C. Adams, Mem Fe, Avery-Bowman Co. E. C. Wyckoff, (the President), Title Co. phis, Bank of Commerce & Trust Chali'man, Newark, N. J. Paul P. Pullen, Chicago, Ill., Co. Edwiti H. Lindow, (Chairman, Chicago Title & Trust Co. Kentucky-Chas. A. Haeberle, District No. 10: Title"Insurance Section), Detroit, Louisville, Louisville Title Co. Texas-Mildred A. Vogel, El Paso, Micli. Transportation Committee Ohio-Coit L. Blacker, Columbus, Stewart Title Guaranty Co. • James S. Johns, (Chairman, Ab- James M. Rohan, Clayton, Mo., Guarantee Title & Trus t Co. 1tra?ters Section), Pendleton, Chairman, Land Title Insurance Indiana-W. O. Elliott, Terre District No. 11: (C. J. Struble, Ore. Co. Haute, Vigo Abstract Co. Oakland, Calif., District Chair Stuart O'Melveny, (Chairman, James E. Sheridan, Detroit, Mich., man). Titli! Examiners Section), Los Union Title & Guaranty Co. District No. 6: (David P. Ander California-C. J. Struble, Oakland, Angeles, Calif. Donald B. Graham, Denver, Colo., son, Birmingham, Ala., District Oakland Title Insurance & Richard Jl. Hall, (the Executive Title Guaranty Co. Chairman). Guaranty Co. Secretary), Kansas City, Mo. Fred Hall, Cleveland, Ohio, Land Louisiana-W. E. Nesom. Shreve Utah-Robert G. Kemp, Salt Lake Title Abstract & Trust Co. port, Caddo Abstract Co. C i t y, Intermountain T it 1 e Judiciary Committee Alabama-David P. Anderson, Guaranty Co. Committee on Membership Birmingham, Alabama Title & William X. Weed, White Plains, Trust Co. Nevada-A. A. Hinman, Las Donald B. Graham, Denver, Colo., Vegas, Title & Trust C"o. N. Y., Chairman Westchester Chairman, Title Guaranty Co. M. Trussell, Jack Title A Trust Co. Mississippi-F. President and Secretary of each son, Abstract Title & Guaranty Arizona-H. B. Wilkinson, Phoen Harry Paschal, Atlanta, Georgia state association. Co. ix, Phoenix Title & Trust Co. Atlanta Title & Trust Co. Legislative Committee Geonre. Batchelor, Indianapolis, District No. 6: (W. A. Mercer, District No. 12: (A. W. Clarke, Indl&na, State Life Insurance Co. R. O. Huff, San Antonio, Texas, Little Rock, Arkansas, District Driggs, Idaho, District Chair General Chairman. Chairman). Olaf I. Rove, Milwaukee, Wiscon- man). Arkansas-W. A. Mercer, Little Osborne, 1in.. Northwestern Mutual Life Rock, Arkansas Abstract & Washington-Elizabeth Insurance Co. Yakima, Yakima Abstract & District No. 1: (Wellington E. Guaranty Co. Title Co. R. K. Macconnell, Pittsburgh, Pa., Barton, Camden, N. J., District Missouri-C. B. Vardeman, Kansas Tlt1i!. Guarant:r Co. Chairman). Oregon-P. M. Janney, Medford, City, Missouri Abstract & Title Jackson County Abstract Co. John J:'. Keough, Los Angeles, New Jersey-Wellington E. Barto, Insurance Co. Calif., Title Guarantee & Trust Camden, West Jersey Title & Illinois-Arthur C. M arr i o t t, Montana-C. C. Johnson, Plenty Co. Guaranty Co. Wheaton Dupage Title Co. wood, Sheridan County Abstract Co. J. W. Woodford, Seattle, Washing New York- H. R. Chitt ick, New ton, Lawyers & Realtors Title York City, Lawyers Title & Trust District No. 7: (Ray Trucks, Bald Idaho-A. W. Clarke, Driggs, Insurance Co. Co., 160 Broadway. win, Mich., District Chairman). Teton Abstract C"o. • State Associations
Arkansas Title Association Kansas Title Association North Dakota Title Aaaoclatioa Preoident, Bruce Caulder, Lonoke. President, Ernest McClure, Garnett. President, George B. Vermilya, Towner. Lonoke Real Estate & Abstract Co. White Abstract & Invest. Co. McHenry County Abet. Co. Vice-Preoident, Fred F. Harrelson, Forest City. Vice Pres., Tom J, Bomar, Hutchinson. Vice Pres., Wm. Barclay, Finley. St. Francis County Abet. Co. Hall Abstract & Title Co. M. B. Cassell & Co. Secretary-Treasurer, J. K. Boutwell, Stuttgart. Secy.-Treas., Pearl K. Jeffrey, Columbus. Secy-Treas., A. J. Arnot, Bismarck. Boutwell Abstract Co. Burleigh Co. Abstr. Co. Michigan Title Association California Land Title Association President, J. E. Sheridan, Detroit. Prealdent, E. M. McCardle, Fresno. Union Title & Guaranty Co. Ohio Title Association J Security Title Insurance & Guarantee Co. Vice Pres., W. Herbert Goff, Adrian. President, Geo. N. Coffey, Wooster. lat Vice-Pres., W. P. Waggoner, Los Angeles. Lenewee County Abstract Co. Wayne County Abst. Co. • California Title Insurance Co. Treasurer, F. E. Barnes, Ithaca. Vice Pres., V. A. Bennehoff, Tiffin. 2nd Vice-Pree., C. J. Struble, Oakland. Gratiot County Abst. Co. Seneca Mortgage Co. & Guaranty Co. Oakland Title Ins. Secretary, A. A. McNeil, Paw Paw. Secy.-Treas., Leo S. Werner, Toledo. 'Sec.-Treaa., Frank P. Doherty, Loa Angeles. Van Buren County Abet. Office. Title Guarantee & Trust Co. Suite 619, 433 South Spring St.
Colorado Title Association Minnesota Title Association Oklahoma Title Association President, Donald B. Graham, Denver. President, A. F. Kimball, Duluth. President, E. 0. Sloan, Duncan. Title Guaranty Co. Pryor Abstract Co. Duncan Abstract Co. Vice-President, Albert F. Anderson, Detroit Vice-President, Leo A Moore, Claremore. Vice-Pree., C. B. White, Golden. Lakes. Jefferson County Abst., Real Estate & Invest. Johnston Abstract & Loan Co. Co. Secretary-Treasurer, E. D. Boyce, Mankato. Secretary-Treasurer, J. W. Banker, Tahlequah. Blue Earth County Abet. Co. Secy.-Treaa., John T. Morgan, Boulder. Cherokee Capitol Abstract Co. Boulder County Abet. of Title Co. Missouri Title Association Oregon Title Association Connecticut Title Association President, T. S. Simrall, Boonville. President, George H. Crowell, Albany. President, William Webb, Bridgeport. Cooper County Abet. Co. Linn County Abstract Co. Bridgeport Land & Title Company. Vice Pres., J. A. Ryan, Chillicothe. 1st Vice President, B. F. Wylde, LaGrande Vice President, Carleton H. Steven•, New Ryan & Carnahan. Abstract & Title Co. Haven. Real Estate Title Company. Secy.-Treas., Chet A. Platt, Jefferson City. 2nd Vice President, W. E. Hanson, Salem. Secretary-Treasurer, James E. Brinckerhoff, Burch & Platt Abet. & Ins. Co. Union Abstract Co. Stamford. Fidelity Title & Trust Company. Secretary-Treasurer, F. E. Raymond, Portland. Pacific Abstract Title Co. Montana Title Association Florida Title Association President, W. B. Clarke, Mills City. President, Wm. Beardall, Orlando. Custer Abstract Co. Pennsylvania Title Association Fidelity Title & Loan Company. let. V. Pres., C. C. Johnson, Plentywood. Pensacola, Co. President, John E. Potter, Pittsburgh. Vice President, D. H. Shepard, Teton C'ounty Abstract Pres. Potter Title & Trust Co. First District. 2nd. V. Pres., James T. Robinson, Choteau. Vice President, Chas. H. Mann, Jacksonville, Teton County Abst. Co. Vice-Pres., John R. Umsted, Philadelphia. Second District. Con.-Equitable Title & Tr. Co. 8rd V. Pres., Al Bohlander, Billings. Secretary, Harry C. Bare, Ardmore. Vice President, Frank D. Sanders, Inverness, Abstract Guaranty Co. Merion Title & Tr. Co. Third District. S~c'y-Treas., C. E. Hubbard, Great Falls, Hub Vice President, P. R. Robin, Talnpa, Fourth bard Abstract Co. Treasurer, John H. Clark, Chester. District. Deleware Co. Tr. Co. Vice President, Lore Alford, West Palm Beach, Fifth District. Nebraska Title Association South Dakota Title Association Treasurer, Mia Beck Gray, Orlando. President, F. C. Grant, Auburn. Guaranty President, A. L. Bodley, Sioux Falls. Central Florida Abstract & Title Nemaha County Abst. Co. Getty Abstract Co. Co. Vice Pres. 1st Dist., Robert M. Walling, Secretary, Richard H. Demott, Winter Haven. Plattsmouth. Vice Pres., Chester E. Solomonson, Mound Florida Southern Abstract & Title Company. City. Campbell County Abet. Co. Vice Pres., 2nd Dist., Leo. J. Crosby, Omaha. Secy.-Treas., R. G. Williams, Watertown. Vice Pres., 3rd Dist., W. C. Weitzel, Albion. Southwick Abstract Co. Idaho Title Association Vice Pres., 4th Dist., Joel Hanson, Osceola. President. Tom Wokersien, Fairfield. Vice Pres., 5th Dist., E. E. McKee, York. Camas Abstract Co. Vice Pres., 6th Dist., J. D. Emerick, Alliance Tennessee Title Association Edmonds. Vice-President, (North Div.) 0. W. Secy.-Treas., Guy E. Johnson, Wahoo. President, W. S. Beck, Chattanooga. Couer d'Alene, Panhandle Abst. Co. Hamilton & Johnson. Title Guaranty & Trust Company. W. Clark, Vice-President, (S. E. Div.) A. Vice-Pres., John C. Adams, Memphis. Driggs. New Jersey Title Association Teton Abstract Co. Bank of Commerce & Trust Company. President, Cornelius Doremus, Ridgewood. Secy.-Treas., Geo. W. Marshall, Memphla. Vice-President, (S. W. Div.) M. L. Hart, & Co. Boise. Pres. Fid. Title Mort. Grty. Bluff City Abstract Co. Security Abstract and Title Co. 1st V.-Pres., William S. Casselman, Camden. Secretary-Treasurer, J. H. Wickersham, Boise. West Jersey Title Ins. Co. Boise Trust Co. 2nd V.-Pres., Frederick Conger, Hackensack. Texas Abstracter• Association Peoples Tr. & Grty. Co. President, E. P. Harding, Wichita Falls, Illinois Abstracters Association Secretary, Stephen H. McDermott, Ashbury Central Abstract Company. Park, Vice President, Herman Eastland, Jr., Hill1- President, Arthur C. Marriott, Wheaton. Monmouth Title & Mortft Grty. Co. boro, Eastland Title Guaranty Co. DuPage Title Co. Treasurer, Arthur Corbin, Passiac. Secretary-Treasurer, Queen Wilkinson, Wich Vice-Pres., Will M. Cannady, Paxton. Grty. Mort. & Title Ins. Co. ita Falls, Central Abstract Company. Ford County Abstract Co. Treaourer, M. C. Hook, Jacksonville. New Mexico Title Association Morgan County Abstract & Title Co. President, A. I. Kelso, Las Cruces. Washington Title Association Secretary, Harry C. Marsh, Tuscola. Southwestern Abstract & Title Co. President, F. C. Hackman, Seattle. Douglas County Abstract & Loan Co. Vice-President, Ira N. Sprecher, Albuquerque. Washington Title Insurance Co. Bernalillo County Abstract & Title Co. Vice President, Fred L. Taylor, Spokane. Indiana Title Association Secretary-Treasurer. Beatrice Chauvenet. Sante Northwestern Title Insurance Co. Fe. Secretary-Treasurer, Elizabeth Osborne, Ya President, J. E. Morrison, In-dianapolis. Avery.Bowman Co. kima. Union Title Co. Yakima Abstract & Title Company. Vice Pree., M. Elmer Dinwiddie, Crown Point. New York State Title Association Allman-Gary Title Co. President, Elwood C. Smith, Newburgh. Wisconsin Title Association Secy.-Treas., C. E. Lambert, Rockville. Hudson Counties Title & Mortgage Co. Vice Pres. Southern Sec., S. A. Clark, 17 6 President, H. M. Seaman, Milwaukee. Security Abstract & Title Co. Iowa Title Association Broadway, New York. Vice Pres. Central Sec., C. A. Dawley, Syra 1st Vice-Pres., Paul H. Hugh~s. Elkhorn. President, F. E. Meredith, Newton. cuse. Syracuse Title & Guaranty Co. Walworth County Abstract Co. Vice-Pres., Carl Johnson, Oskaloosa. Vice Pres. Western Sec., William W. Smith, 2nd Vice-Pres., Esther H. Turkelson, Kenosha. Johnson Abstract Co. Buffalo. Buffalo Abst. & Title Co. lCenosha County Abstract Co. Treasurer, C. A. Stern, Logan. Treasurer, Fred P. Condit, New York. Treasurer, W. S. Rowlinson, Crandon. Stearn Abstract Co. Title Guaran lee & Trust Co. Forest Abstract Co. Secretary, Frank L. Stepanek, Cedar Rapids. Secretary, S. H. Evans, New York. Secretary, George H. Decker, Wausau. • Linn County Abstract Co. 1'9 Broadway . Wausau Abstract & Title Co. ht as a fe_ather ... 6ut STRONG and ·PERMANENT " AKE a sheet of L. L. Brown every purpose; for letters, ab Paper in one of the thinner stracts, deeds, and hooks of r cord. {Y weights. Notice how light All are durable, made to stand the r l it is-ideal for manifolding. rough treatment of many hands. Observe what a white, clean, opaque surface it has. Then L. L. Brown Papers are not expen crumple it up; pull it out flat again; sive. Their cost is only slightly roll it; fold it; treat it rough. See more than inferior, unbranded for yourself why we claim dura sheets. They are recognized as the bility for L. L. Brown Papers. standard of quality. Above all else, L. L. Brown Papers are absolutely immune to discolor Specify L. L. Brown Papers. Then ation; hence, they are distinctive you can rest assured that you are from all other record papers. getting the toughest, hardest-wear There is an L. L. Brown Paper for ing paper on the market.
L. L. BROWN PAPER CO., Adams, Mass. New York Chicago San Francisco Los Angeles
Ledger, Linen and Bond Papers ·~r ;"'~'~ .... papers of SUPREME quality-L. L. BROWN'S-are made of WHITE rags
~~}~ . . . ~ ,-e, BROWN'S ADVANCE GREYLOCK GREYLOCK BROWN'S BROWN'S LINEN 1 LINEN LEDGER FINE c bl LINEN LEDCER L INEN LE DCE.R L INEN EDGER with Brown's Fluible . . ream, la;;:; wove. White, buff, blue White, bu.ff. blue White, buff, blue Hinge/or loose leaf Boolts White, buff. blue, pink
ADVANCE BOND GREYLOCK BOND BROWN'S LINEN ADVANCE AND GREYLOCK BROWN'S MANUSCRIPT While, buff. blue, pink White TYPEWRITER PAPERS TYPEWRITER PAPERS COVERS THE MAtu< OF
KABLE BROTHERS COMPANY, PRINTERS, MOUNT MORRIS, ILL. •