OCTOBER, 192,, No. lOJ

:,'\'.·''''"1!'' :mH!, ~e,,.": ..."'\: C\H~:?' ·+-ff!~++·

EDITOR'S PAGE______--·--- ____ _Page 1 ")i:~ ,.,,~t'.:\m ~' . ~ _.w - :-- • ~ .. :',~\\ ·'"\!" .. ,\\)~.:'I AN ANNOUNCEMENT OF IM- :i1. •'\~;\.:'\I•\ ( .• ,{'\ ~ h PORTANCE______Page 2 :: ':-h·,.~ r.:-rtT!', .. -~ ~ .\H::; \\ ~ !'.:\~~ "THE CONCLUSIVENESS OF A 4+-cu ;\J:o:!'.' .. :: ' TORRENS CERTIFICATE OF ''~ " by Loring M . taples ______Page 3 --: ~·:..,? ?•\\1 '~· =~ .:f'r.:":~'\\' ...?"t..'Vl\ . -:· t.. \\:.· ... ;t'\\.:\\I L• ' ' E S C R 0 W S F 0 R T HE AB- STRACTER" by Walter M. Daly______Page 8 ? ~i:u1~ ,":~H!'~ n ' · -..1\~'-i ll!'!' ... ~ 1..l\.11 "SUGGESTIONS FOR THE TRACT •'"' \~:.~:H.'~.' 21d· INDEX" by Earl W. j aekson ______Page 10 ~ ~· ~Y"'~"!'~ in\- ,,1.. 1: .:·.:i. .. ,~ .. H.~I i .. "ANOTHER REASON FOR " by McCune Gili______Page 13 •"'.I m'•"-""t .,f.R • ~~\. i~'.;. .,. 1,.. l• Io ; K?: " .. ,,, .. :'\t-~.- "''" RECENT COURT DECISIONS, T he ~-.: 'r Monthly Review______Page 15 -1\:\\'.... \1\q · ~ . ... . ; . ·' -~ f'"T:::q,\.,,...... :h: ~ f~r-.!" \1'\"'C*J:: ':''· \.rt\~ ::t.,'.\h, : ..~\H :,7 .:\ ~ ~S,H'•\ •• · ··~~·· ;~ ... ,.i,,~e,;.,,.:\~:4'". \1 . · "-----~- rt""~~~-~ \:,'t".~\:,_. ~ '"n1<>'-t~ . t.n;«11i ' ~ "'}.. - • """ i' - · . · - ..:;; .,. . \ .,. ·· '"" ", • ' "'\I r \ t \ "'' ,\1 .. ('.'\.rt'"\ \t · .:-: -."\H" ••'"''.It m~ \.\ .:"'\\ f'n~ 1\\\ ';. .. ~'\\'¥ •o:\ ~•\\•' ..,• ""'f\ •• .,,!': .:',) 1--."t ·. l."!l m .. '' \\,,, \.;"..~ ;,:-, •'"'"-:- , .. ~ .. ~' ~' .\· ..• m ..··.•11. ,.,~\~.:-"~?-\\ t' \l'\ (\\\._\C.. '-~.: ::::""'m~ f·"~" ~""",:-"..,! ..'\".:-··.' ~ .. : ·.-h\1'1.:n.,.,...-:-;-.,...... '-'" . ._. •• ..- -­--· ••• NEW DESIGNS in Abstract Covers, Caption Sheets, ES LEE CK Index Sheets and Certificates Thin Papers

We offer for your individ- ,. 1 ual use our: for .\nsTR.\l;T!!!TITlit: CAPTION SHEETS ··· - · ...... Lithographed or Steel Die Em­ file and permanent records, bossed. INSIDE SHEETS forms, copies, title reports Printed, Ruled or Water m a r k e d and memoranda, ab­ with your individ­ ual d e s i g n or stracts and general trademark. use CERTIFICATES We are prepared to print certifi­ cates to conform to your state , personal ideas and local customs. COVERS Lithographed-either Linen or h~gh grade Document cover stock. THIN-STRONG-PERMANENT jJSl'UCf.. TITO I i They are manufactured from . . the best new rags, which gives ;.;~ ; . ' the necessary strength and per­ l manency for records of value and all forms which are handled to any extent. They save filing space and postage. We are prepared to produce special ruled and printed forms, Numerical Indexes, Fidelity Onion Skin Emco Onion Skin Blan~ Boo~s, etc., and anticipate the Op- Superior Manifold Verilite Manifold portunity of quoting prices Please request samples and prices from your regular Stationer, Printer or Paper Merchant. CRANE & CO. Esleeck Manufacturing Co. Turners Falls, Mass. Printers, Stationers, Binders

TOPEKA, KANSAS Send for interesting book: STATIONERY, OFFICE SUPPLIES, "FACTS ABOUT THIN PAPERS" FURNITURE ~ NEWS Issued Monthly by and as the Official Publication of I The American Title Association Publillhera, II Kable Broth~re Compan11, 404 N. Wealet1 AtJe., Mount Morria, Ill. Price, $1.00 per 11ee>r. Editor-Richard R. Hall, Midland Building. Kanaaa Cit11, Mo. Publillhed month/JI at Mount Jlforria. lllinoia; Edit&rial office. ~ Kansas Cit11. Mo. Ente"d aa aecond claaa matter, Dec...,.ber !':\(.~ 15, 1Hl, at the po1t o~e at Mount Morrill, lllinoia, under ~ the Act of March 8, 1811. ~]S§

Vol. 7 OCTOBER, 1928 No. 10

Editor's Page

ANY words of commendation and which with the citations makes available by William enthusiastic A. Gretzinger, title officer M expressions were re­ a wealth of material and references. of the Republic Trust ceived over the Co., Philadelphia. Proceedings of the Mr. Staples is of the Minneapolis Bar He has compiled another Seattle Convention. This and it ap­ tickles Ye and associated with the firm of Cobb, pears in this issue. Enjoyable reading. Editor because he can now say "I told Wheelwright, Hoke & Benson. The you so." editor wishes to express to the author, It was the most constructive and his thanks and appreciation of the gen­ E HAVE come to anticipate-really practical program ever presented. erous consideration shown by him in W wait for articles by McCune Gill. Every paper or talk was by an au­ connection with the permission to print He takes us into the unusual and rarely thority and they all dealt with things it here. trodden phases and places, such as one title folks should hear about. No one unusually equipped can do. in the business can afford not to read He knows the actual , as well as and study the September TITLE T IS surprising to note the keen inter­ the theory and its history, and enjoys NEWS. It's great stuff-every word I est abstracters are showing in the observing its whims and fancies. He of it. matter of escrows. The discussion of has on other occasions referred to the this subject at the Seattle meeting and different roads traveled by the courts the comments received on the article in their deliberations and their reversals. T WILL only be a short time now of Mr. Dart that appeared in the Pro­ Here is shown how these differences I . until the Mid Winter Meeting. This ceedings show it is a timely subject. make for a title insurance argument. will be an event of great importance. Here is another and of such a nature The association is working on a num­ and treatment of the subject as to make ber of things-is well along in the con­ it unusually appropriate to follow the THE ABSTRACT MAN duct of a definite program of events other. It is by one who knows and all that will materially change the welfare the more interesting because w.ritten by My books are always up to date and efficiency of the business. a former president of his state associa­ From back when time began, To accomplish this, it is absolutely tion and the present president of the na­ What they show is true as fate essential that there be great support tional association, Walter Daly. I'm the Abstract Man. from every member and united effort and cooperation between the national and I read your loves and hates and fears, every state association. Every member A BSTRACTERS are always interested As thru my books I scan, of the association is urged .t\. in suggestions to be there. for the plant, ab­ I read of smiles and scowls and jeers, Every state association official should stract books or be indexes. Earl W. Jack­ I'm the Abstract Man. there. son, of the Indiana Title & Loan Co., South Bend, explains how they do it, and There may be errors in my plant, gives valuable information and suggestions. HERE is some little pride in being Find them if you can, T able to present to you in this issue, I'll lay a little bet you can't the feature article on the fallacies of the UITE some time ago there appeared I'm the Abstract Man. Torrens System as presented by Mr. Q in TITLE NEWS, an interesting By Heck. Staples. This gives an authentic, au­ story of wills, and excerpts from some (Hugh Ricketts in "Oklahoma Title­ thoritative and unbiased explanation, of the "funny" ones. It was prepared gram.")

Do it NOW! Then observe that grand and glorious feeling 2 TITLE NEWS

The Annual Mid-Winter Business Mee~ing and Joint Conference Of State and National Association Officials

Held by The E!mertcanTitie association

Will Convene in Chicago, Ill. January 18-19, 1929 Headquarters -- Bismarck Hotel

The purposes of this meeting are to increase the efficiency and advance the wel­ fare of the title business by considering its needs and problems, and to promote in­ terest in and increase the power and practical endeavors of the state and national title associations. With these things done, a plan of procedure can be determined, the means provided and such an impetus given the work as will accomplish the necessary and desired results. The subjects included in the tentative program indicate this will be a most in­ teresting and practical meeting and the results from it will be most beneficial to the business and the service it renders. Everyone interested in the problems, affairs and welfare of the abstract and title insurance business is asked to attend, and come prepared to take part. Special consideration will be given to things that will make the state and na­ tional title associations of more value and use. Everyone interested in their ex­ istence, activities and possibilities is invited. State officials are particularly urged to make every possible effort to be present. This is an important event. Such meetings influence and direct the advance­ ment and destiny of the title industry-your business. You should have a voice and take a part in its undertakings. Representatives of the title business from nearly every state in the country will be present. YOUR PRESENCE IS DESIRED! .. TITLE NEWS C> The Conclusiveness of a Torrens Certificate of Title*

By Loring M. Staples, Minneapolis, Minn.

HE primary purpose of the so-called "Torrens System" ests through fraud, being almost alone among T of registering title to real has been defined to all the states and British and American colonies which be the "creation of an indefeasible title in the registered have adopted the Torrens system in omitting all mention owner, and the simplification of the transfer of land."1 of fraud.9 Apparently, then, the purpose of the Minnesota An indefeasible title, represented by a certificate conclus­ statute was to make the decree and certificate of registration ive of the owner's rights as against the world, and upon absolutely indefeasible upon the expiration of a short stat­ which purchasers could conclusively rely, would be an ideal ute of limitation, and to relegate the unjustly deprived to .vell worthy of accomplishment, and examination of the va­ consolation from an "assurance fund."lO This statute rious Torrens titles act in force in this country and the was declared constitutional by the unanimous opinion of British colonies leaves no doubt but that the framers had the supreme court of Minnesota within a year after its such a purpose "in mind.2 The Minnesota act,3 for ex­ passage,11 and, with one exception, a similar conclusion has -ample,4 provides that after the expiration of a period of six been reached by the courts of other states where Torrens months5 from the date of granting the decree of registra­ Acts have been enacted.12 Yet it was pointed out by the tion, the decree: Minnesota court in rendering its opinion at that time that "Shall bind the land described therein and shall forever the statute could not operate to divest the rights of claim­ quiet the title thereto, and shall be forever binding and ants in not personally served with notice of the conclusive upon all persons, whether mentioned by name in registration proceedings,13 and a few years later the same the summons, or included in the phrase, 'all other persons court held that as long as the title remained registered in or parties unknown claiming any right, title, estate, or the name of one guilty of fraud in procuring registration interest in the described in the application here­ his decree and certificate might be set aside in an action in,' and such decree shall not be reopened, vacated or set brought by the defrauded party, the latter being only re­ aside, by reason of the absence, infancy, or other disability quired to act within a "reasonable time."14 Subsequent to of any person affected thereby, nor by any proceeding at this decision, the Minnesota statute was amended to pro­ law or in equity for opening, vacating, setting aside or re­ vide for the impeachment of titles fraudulently regis­ versing judgments and decrees, except as herein especially tered.15 . provided."6 Lack of jurisdiction and fraud, therefore, are two pos­ And the certificate of title, or the owner's duplicate sible defects that may prevent a Torrens certificate from thereof: being conclusive. It is obvious, also, that the aura of in­ "Shall be received in in all the courts of the defeasibility which surrounds a Torrens certificate will state, and shall be conclusive evidence of all the matters constantly tempt the unscrupulous to employ the system and things contained therein."7 for turning bad titles into good ones, and the presence of The original acts went no further. It provided no meth­ an examiner of titles,16 whose business it is to prevent such od of preserving the rights of those of whom no jurisdic­ occurrences, has not, and probably will not, in the future, tion had been obtained, or of those deprived of their inter- 9 .. Baart v,. M!'rtin, (1906) 99 Mi.nn. 204, 108 .N.W. 945, 116 A.S.R. 394. ~n exam1nat1on of the Torrens .aws of the different states and colonies •Reprinted by permission of the Author and the Minnesota Law discloses the fact that those of Minnesota and the Fiji Islands only con­ Review. This article orig-inally appeared in the February, 1924, issue tain .no express exception in cases of fraud"-per Elliott, J., p. 207. o f that publication. But 1t appears that there are provisions even in the Fiji Islands for protecting the interests of the defrauded. See W. C. Niblack, An Ana:ysis of the Torrens System of Conveying Land, (Chicago, 1912) p. 217 citing 1Baart v. Martin, (1906) 99 Minn. 204, 207, 108 N. W. 946, 116 A.S.R. section 14 of the Fiji Act. ' 394. "The purpose of this statute is to create a judgment in rem per­ 10" Assuranee Fund-Investment-All money received by the registrar petually conclusive. Other proceedings in rem may determine the status under the provhions of the preceding section shall immediately be paid of a ship or other chattel that is transient; this legislation provides for a by him to the county treasurer as an assurance fund . .. decree that shall conc!ude the title to an interest that is to be as :asting "Damages Through Erroneous Registration- Action-Any person who as the land it!lelf." Smith v. Martin, (1910) 69 Misc. 108, 111, 124 without negligence on his part, sustains any loss or damage by reaso.; N.Y.S. 1064. "Besides clearing and registering the title and faci.itating of any omission: mistake or misf easance of the registrar or his deputy, its transfer, the Torrens System practically guarantees, in behalf of the or of ar:.y examtn~r, or of any clerk of court. or of his deputy, in the state, that the holder of a registered certificate of title has an absolute performance of their respective duties under this ;aw and any person and indefeasible interest which can never be questioned on any ground who. without neg ligence on his part, is wrongfully deprived of any land whatever." A. H. Robbins, The Torrens System of , or of any interest therein by the re..-istration thereof, or by reason of (1902) 64 Cent. L. Jour. 282, 290. · the registration of any other person, as the owner of such land, or by ' Torrens acts are in force in the fo:Jowing states: California, Stats. reason of any mistake, omission or misdescription in any certificate of 1897, p. 188, amended and redrafted, Stats. 1905, p. 1932, Henning's Gen. title, or in nny entry or memorial, or by any canoellation, in the register Laws, Cal., (1920) Act 5194; , Laws, 190S, ch. 139, Mills Ann. ?f titles, a'!d who, by the provisions of this law, is precluded from bring­ Stats., secs. 856-957; , Acts, 1917, p. 108, Park's Ann. Code, (1922 ing an action for the recovery of such land, or of any interest therein Supp. . ) Title 2. ch. 8; , Laws, 1897, p, 141, R.S. 1921, ch. 80; or from enforcing any claim or lien upon the eame, may institute a~ , Gen. Laws, 1921, ch. 185; Minnesota, Laws, 1905, ch. 305, action in the district court to recover compensation out of the assurance G.S. 1913, secs. 6868-6950; Nebraska, Laws, 1915, ch. 226; , fund for such los• or damage." Minn .. GS., 1913. secs. 6942 6943 Laws, 1908, ch. 444, Real Prop. Law, 1909 art. 12; , Laws, "State ex re;, Dou')'las v. Westfall. (1902) 85 Minn. 437, 89 N.w: 1913, ch. 90. C.S. 1919, vol. I, ch. 47; North Dakota, Laws, 1917, ch. 235; 175. 57 L.R.A. 297, 89 A.S.R. 67, 54 Cent. L. Jour. 290. , Gen. Code, 1921, secs. 8672-1, 8572-118; Oregon, Laws, 1901, p. "Robinson v. Kerrigan, (1907) 151 Cal. 40. 90 Pac. 129, 121 A.S.R. 438, C.L. 1020, secs. 9940-10052; South Dakota, Laws, 1917, ch. 368, R.C. 90, 12 Ann. Cas. 829; White v. Ainsworth, (1917) 62 Colo. 618. 163 Pac. .1919. secs. 8060-3143; Tennessee, Acts, 1917, ch. 63, Ann. Code, 1917, secs. 959, Ann. Cas. 1918E 179; People ex rel. Deneen v. Simon, (1898) 176 8793a3-3793a96; Utah, Laws, 1917, p. 51, C.L. 1917, secs. 4920 -5008; Vir­ Ill. 165, 52 N .E. 910, 44 L.R.A. 801. 68 A.S.R. 175; Tyler v. Judges of ginia, Laws, 1916, ch. 62; , Laws, 1907, p. 693, C.S. 1922. secs. Registration, (1900) 175 Mass. 71, 55 N.E. 812, 51 L.R.A. 433, writ of 10622-10726. Some of these, however, only provide for the registration error dismissed on jurisdictional grounds on'y, (1900) 179 U.S. 405, 21 of land in certain designated counties. Practically a:J of the British S.C R. 206, 45 L.:&I. 252; Drake v. Frazer, (1920) 105 Nebr. 162, 179 colonies have Torrens Title acts. A modified type is in force in England N .W. 893. 11 A.L.R. 766; Ashton-Jenkins Co. v. Bramel, (1920) 56 Utah "itself. See J. E. Hogg. Australian Torrens System, (London, 1905) ; 687. 192 Pac. 875, 11 A .L .R. 762. Contra: People ex rel. Kern v. Chase. Registration of Title to Land throughout the Empire, (London, 1920). (1895) 165 Ill. 527, 4tl N.E. 4~4. 36 L.R.A. 105 (old act) ; State ex rel. 'The original act is found in Minn. . Laws, 1901. ch. 237; amended, Monnett v. Gufbert, (1897) ~6 Oh. St. 575, 47 N.E. 551, 38 L.R.A. 519, Laws, 1903, ch. 234. The act was redrawn in 1905 (Laws, 1905, ch. 305) 60 A.S.R. 756 (old act). and has been i·etained in practically this form in Minn., G.S., 1913, secs. 13State ex rel. Douglas v. Westfall, (1902) 85 Minn. 437, 445, 89 N.W. 6868-6950. Land in any county may now be registered: Laws, 1909, ch. 175. 57 L.R.A. 297, 89 A.S.R. 57. 54 Cent. L . J our. 290. 183, sec. 2. "Baart v. Martin, (1906) 99 Minn. 204, 108 N.W. 945, 116 A.S.R. 894. •For obvious reasons, the Minnesota Torrens act has been used as an "The last line of sec. 49, Minn., Laws, 1905, (Minn .. G.S., 1913, sec. example throughout this article. Unless otherwise stated, statutory refer­ 6918) provides: "In all cases of regi•tration which are procured by ences in subsequent notes are to the Minnsota statute. fraud, the owner may pursue all his legal and equitable remedies against 'It was sixty days in the original statute. Minn., Laws, 1901, the parties to such fraud. without prejudice, however, to the rights of ch. any innocent holder for value of a certificate of tit'e." Although found 237, •ec. 29. in a section dealing with the transfer of registered land, this presumably •Minn ., G.S., 1913, sec. 6889. also appli"" to initial registration. 'Minn., G.S., 1918, sec. 6903. "Minn., G.S., 1913, sec. 6879. His duties are set forth in the sub­ ' Minn., Laws, 1901, ch. 237. sequent section. 4 TITLE NEWS entirely eliminate such a practice.17 Sooner or later, by ceedings, it is unnecessary at this time to entertain the some hook or crook, a bad title will be registered, and the question of what acts constitute fraud. decree of registration, will, in turn, be attacked by the The third, and most involved situation is where no ques­ rightful owner of the land. tion of want of jurisdiction is involved, but fraud is pres­ It is possible, although improbable, (as the Minnesota ent. For example, A wishes to register his title to . court has pointed outl8), that want of jurisdiction may B also has an interest in the premises, but A persuades exist alone, without the presence of fraud. The Minnesota him not to appear in the proceedings, although he statute contains the following provisions relative to juris­ has been served with notice of them, and promises to see - diction for registration proceedings: to it that B's interest, let us say that of a partner, appears "The summons . . . . shall be served in the manner on the certificate of registration. A then obtains a decree now provided by law for the service of a summons in civil and certificate naming him (A) as the owner in fee with­ actions in the district court, except as herein otherwise out mention of B. This is obvious fraud, and A cannot provided . . . . . It shall be served upon all persons who rely on his certificate of title as indefeasible as against are not residents of the state, and upon all other persons B.20 Registration is no defense, likewise, where land has or parties unknown claiming any right, title, estate or in­ been transferred in fraud of creditors.26 But, on the other terest in the real estate described in the application herein hand, if there is jurisdiction of B, and B loses his rights by publishing the same in a newspaper printed and pub­ in the land because of mistake or negligence on his own lished in the county wherein the application is filed, once part, and not because of any influence A has brought to each week for three consecutive weeks. bear, A's title is indefeasible.27 "The clerk shall also, within twenty (20) days after the It is necessary at this point to define what is meant by first publication of the summons, send a copy thereof by the term "fraud." We have seen that jur,,isdiction for the mail to all defendants who are not residents of the state purpose of registration proceedings can constitutionally and whose place of address is known to applicant . . . . . be obtained as to unknown residents or known non-resi- • Other or further notice of the application for registration dents by publication. Suppose A, who wishes to register may be given in such maner, and to such persons as the his title, has no actual notice of B, who is a resident and court or any jury thereof may direct.19" claims an interest in the land, but could have been aware It is to be observed that only known, resident claimants of his existence by the exercise of reasonable diligence, or need be personally served, and that it has been held per­ was with notice of facts that should have put him on in­ fectly constitutional to obtain jurisdiction of unknown resi­ quiry that would have disclosed B's interest. Or assume a dent and known or unknown non-resident claimants by much commoner situation: that A is aware of B and his publication.20 Consequently, if we exclude fraud from our interest and is also aware that B is residing in another jur­ consideration, there are few possible border line situations isdiction at an unknown address and who, it is safe to as­ where want of jurisdiction may operate by itself to in­ sume, will never read the notice published in some local validate a decree; as, for example, where an unknown newspaper of limited circulation that would inform him claimant in possession of the land to be registered is not that the land is being registered. Is A tainted with fraud served personally with notice. In such a case, the posses­ in case he registers the land to the exclusion of B under sor's rights are not conclusively terminated by the decree.21 either of the above sets of circumstances? It is ap­ An equally rare case would be where the certificate, parent that if a duty of diligent inquiry is to be imposed through error, described more land than was sought to be upon the applicant for registration, and if notice by itself, registered. Such a certificate could hardly be conclusive.22 actual or constructive, of outstanding claims can taint him Where an initial decree of registration is concerned, the with fraud, decrees of registration will be subject to con­ questions of fraud and want of jurisdiction are usually stant danger of attack and will be no more conclusive present together. For example, A wishes to register his than judgments in actions to . Needless to say, title to Blackacre. He fears that B, a resident claimant, such a result would clearly be at cross purposes with the may have a superior title, and consequently by fraudulent obvious intent of the Torrens System to have the decree means prevents B from being a party to the proceedings of registration as conclusive as possible, and this intent and no personal service of notice of them is made upon should have strong weight with the courts. The Privy him. A obtains a certificate of title. In such a situation Council has settled this question, as far as the British the law is clear that B may attack A's title and have it colonies are concerned, in what would appear to be a most vacated, if he acts within a reasonable time ;23 he may even logical way, holding that the fraud necessary to permit im­ attack it collaterally, if the want of jurisdiction appears peachment of a registered title must be actual fraud; that affirmatively upon the face of the records in the office of is, conduct amounting to actual dishonesty in obtaining the registrar of titles.2·1 Inasmuch as want of jurisdiction registration; not what is called constructive or equitable is in itself a fatal defect to the validity of registration pro- fraud. It must be "brought home" to the party whose title it is sought to impeach.28 An abstract definition of ""Unfortunately. the act has been advertised, and is being advertised by some attornpys seeking employment, as u means of making bad titles this sort has not as yet been given by any American court,29 good, all of which has reflected upon this system of registering titles." as lack of jurisdiction is generally coupled with fraud in Petition of Sherman, (1919) 106 Misc. 244, 246, 175 N .Y.S. 627. '•State ex rel. Douglas v. Westfall, (1902) 85 Minn. 437, 89 N.W. American cases and the decision turns upon this. 175, 57 L.R.A. 297, 89 A.S.R. 57, 54 Cent. L. Jour. 290. "Minn., G.S., 1913. sec. 6883. 2'~amel v. Feigh, .!1919) 143 Minn. 115, 173 N.W. 570; Henry v. 20American Land Co. v. Zeiss. (1911) 219 U.S. 47. 31 S.C.R. 200, 55 White, (1913) 123 Mmn. 182, 143 N.W. 324, L.R.A. 19160 4 (semble); L.Ed. 82; Mills v. Denver & R. G. Ry. Co .• ( 1912) 198 Fed. 137; State Lake Yew v. Port Swettenham Rubber Co., (1913) A.C. 491, 82 L.J.P.C. ex rel. Douglas v. Westfall, (1902) 85 Minn. 437, 89 N .W. 175, 57 L.R.A. 89. A purchaser for value, relying on the certificate of course gets a 297, 89 A.S.R. 57, 54 Cent. L. Jour. 290; Hunt v. Hay. (1915) 214 N.Y. good tit.e. See White v. Ainsworth, (1917) 62 Co!o.'513, 163 Pac. 959, 678, 108 N .E. 851. See also cases cited in note 12, supra, all dealing with Ann. Cas. 1918E 179. this question. "Morris v. Small, (1908) 160 Fed. 142 ; Cunningham v. Bright, (1919) "State ex rel. Doug"as v. -Westfall, (1902) 85 Minn. 437. 89 N.W. 228 Mass. 385, 117 N.E. 909. Contra: Pick & Co. v. Natalby, (1918) 175, 57 L.R.A. 297, 89 A.S.R. 57. 54 Cent. L. Jour. 290 (semble). Contra: 211 Ill. App. 486. Alba v. de la Cruz, (1910) 17 Philippine 49. "Cooper et al. v. Buxton. (1921) 186 Cal. 330. 199 Pac. 6; Mooney • "Petition of Furne•s et al.. (Cal. App. 1923) 218 Pac. 61; Marsden v. Valentynovicz, (1912) 255 Ill. 118, 99 N .E. 344; Mooney v. Valen­ v. McAlister, (1887) 8 N.S.W.L. Rep. 300: Hay v. SoI:ing, (1894) 16 tynovic•, (1914) 262 Ill. R55, 104 N.E. 645; Rasch v. Rasch. (1917) 278 N.S.W.L. Rep. GO; Hogg, Australian Torrens System 828. u;. 261, 115 N.E. 871; Studley v. Kip et al., (Mass. 1923) 139 N.E. 485; •'Follette v. Pacific Light & Power Corp., (1922) 189 Cal. 193, 208 Doyle v. Wagner, (1909) 108 Minn. 443. 122 N .W. al6; State ex rel. Pac. 295, 2-l A.L.R. 965; Rock Run Iron Co. v. Miller, (Ga. 1923) 118 Coburn v. Ries, (1913) 123 Minn. 397, 143 N.W. 981. L.R.A. 19160 l · S.E. 670: Dewey v. KimbaJ et al., (1903) 89 Minn. 454, 95 N.W. 317, Murphy v. Borgen, (1921) 148 Minn. 375, 182 N.W. 449. ' · 895. 96 N.W. 704; Baart v. Martin, (1906) 99 Minn. 201. 108 N.W. 945, Fraud of third persons in which the registered owner did not par­ 116 A.S.R. 394; Riley v. Pearson, (1913) 120 Minn. 210. 139 N.W. 361, ticipate and of which he had no knowledge, is not sufficient to avoid L.R.A. 19160 7; Arnold v. Smith, (1913) 121 Minn. 116. 140 N.W. 748; a register. Coleman v. Riria Puwhanga, (1886) 4 N.Z.S.C. 230. Henry v. White, (1913) 123 Minn. 182. 143 N.W. 321. L .R.A. 1916D 4 28 (semble); Hawes v. c:ark, (1913) 159 App. Div. 65, 114 N.Y.S. 11; Kirk AssetR Co. v. Mere Roihi, [1905] A.C. 176, 74 L.J.P.C. 49. "But v. Mullen. (1921) 100 Ore. 563, 197 Pac. 300. if it be known that his suspicions were aroused, and that he abstained ••Petition of Furne5" ct al., (Cal. App., l923t 218 Pac. 61: Riley v. from making inquiries for fear of learning the truth, the case is very Pearson. (1913) 120 Minn. 210, 139 N.W. 361, L.R.A. 1916D 7: Arno'd v. different, and fraud may be properly ascribed to him"-per Lord Lindley, Smith, (1913) 121 Minn. 116, 140 N.W. 748 (•emble); Henry v. White, ~2~ . (1913) 123 Minn. 182, 143 N.W. 324, L.R.A. 1916D 4 (semble). Win Dewey v. Kimball et al., (1903) 89 Minn. 454, 95 N.W. 317, 895, Conversely, there can be no attack un·ess the error or want 96 N.W. 704, the court implied, obiter dicta. that the ·applicant for regis­ of jurisdiction appears affirmatively on the face of the record. State ex tration is bound to foJow upon notice suffic'ent to put on inquiry and in­ rel. Coburn v. Ries, (1913) 123 Minn. 397, 143 N.W. 981. LR.A. 1916D 1; vestigation. The supreme court of California has implied to the con· Jones v. Wellcome. (1916) 141 Minn. 352. 170 N.W. 224. See also trary. See Hoffman v. Superior Court, etc., (1907) 151 Cal. 386, 90 Moon07 v. Valentynoviez, (1912) 255 Ill. 118, 99 N .E. 344. Pac. 989. TITLE NEWS 5 Questions of fraud arise most frequently in connection hardly in accord with the Torrens idea of making the cer­ with land already registered. For example, A is the reg­ tificate conclusive as against the world, and, it is submit­ istered owner of land. He mortgages it to B, but neglects ted, amounts to a to the theory of the to entrust B with his duplicate certificate of title and B is acts. It requires the would-be purchaser to look beyond unable to obtain a memorial of the mortgage on A's certifi­ the owner's certificate, which was the very thing the Tor­ cate filed with the registrar of titles.30 But until this me­ rens System was devised to make unnecessary. In Min­ morial is entered, the mortgage operates only as a nesota, it would seem, a purchaser from a registered between the parties and does not in any way affect the owner would not be protected if he had notice, actual or land.31 A now the land to C, who pays full value constructive, at the time he made his purchase that an for it, but knows of B's mortgage. C nevertheless obtains unregistered interest was outstanding. He is not permitted A's duplicate certificate of title and with the aid of it pro­ to shut his eyes and rely on the vendor's certificate alone. cures a new certificate in his own name as owner in fee. From analogy to decisions under the recording acts, it Under the old recording acts, of course, inasmuch as C is would seem to follow that notice of prior unregistered in­ not a , he would hold the title subject terests obtained after completion of the purchase, but be­ ·to B's mortgage.32 The Torrens acts, however, usually fore registering, would prevent the purchaser from being provide that unless a certificate is obtained by fraud, it bona fide, since under the Torrens statute he does not is conclusive of the holder's rights, and it has been gen­ obtain any title at all until he registers.38 erally held that obtaining title with mere knowledge of But even in jurisdictions where the Minnesota statute "the existence of an unregistered interest is not fraud, al­ is not followed the purchaser of registered land is not per­ though conduct amounting to dishonesty in obtaining a mitted to rely conclusively on the owner's certificate un­ and registering it for the express purpose of shutting der all circumstances. Where this certificate has been pro­ • out unregistered interest may be. This is the situation in cured by fraud, all of the Torrens acts apparently require several of the British colonies, where "fraud" is not de­ the presence of a bona fide purchaser to remove the stig­ fined in the statute itself.33 Most of the Torrens acts, par­ ma. For example: A procures registration of Blackacre, ticularly in this country, expressly declare that actual or defrauding B. A then deeds to C, who obtains a new cer­ constructive notice of any unregistered interest shall not tificate in his own name. In order that C's title be inde­ "of itself" be imputed as fraud,34 and where such a statute feasible, C must not merely be a purchaser free from is in force, a certificate of registration obtained with fraud, but bona fide as wel].39 C must have no notice of knowledge of interests not apparent on the face of the B, actual or constructive; he cannot shut his eyes and rely certificate of the vendor cannot be questioned on that on A's certificate. This is probably a bit out of line with score alone.35 Of course, registering so as to exclude such the Torrens ideal, but likewise probably necessary. A re­ interests may, under certain circumstances, amount to cent California case, Follette v. Pacific Light and Power fraud, as where there is collusion with the vendor.36 In Corporation40 presented the following situation: B pur­ other words, unregistered interests in registered land are chased an over A's land and erected a power void not only as against subsequent registering bona fide transmission line on it. A obtained registration of his land purchasers of the land, as is the case under the recording as owner in fee without mention of the easement, and acts, but also as against subsequent registering purchasers fraudulently prevented notice of the registration proceed­ not guilty of downright intentional dishonesty. This re­ ings from being served on B. A then sold the land to C, sult, although it may seem harsh, is quite in accord with who had no notice of B, and relied on A's cerificate. It the Torrens idea: to have the cerificate so conclusive of was held that B's easement was still valid, even as against the title to land that purchasers need only scan its face C. The California statute provided that: to see what they are getting. "In case of fraud, any person defrauded shall have all Some of the Torrens title acts, however, in providing rights and remedies that he would have had if the land for the transfer of registered land, make the title of the were not under the provisions of this act; provided, that transferee, once registered, indefeasible only in case the r..othing contained in this section shall affect the title of a transferee is a bona fide purchaser, and not if he is merely registered owner who has taken bona fide for a valuable free from fraud. Strangely enough, the Minnesota act, consideration, or of any person claiming through or under which attempted to make the initial decree of registration him ....41 so conclusive, is of this group.37 Needless to say, this is " ... No unregistered estate, interest, power, right, claim contract or trust shall prevail against the title of a regis­ 30 "No new certificate of title sha11 be entered or issued, and no memorial tered owner taking bona fide for a valuable consideration, shall be made upon any certificate of title in pursuance of any deed, or of any person claiming through or under him."42 or other voluntary instrument, unless the owner's duplicate is presented therewith, except in cases provided for in this law or upon the order There was also the usual provision as to the conclusive of the court.... " Minn., G.S., 1918, sec. 6918. 3111 nature of a certificate of title.43 Inasmuch as B was in ••• No voluntary instrument of conveyance purporting to convey or affect registered land. except a will, and a for a term not ex­ possession of the land at the time of A's sale to C, C was ceeding three years, shall take effect as a conveyance, or bind or affect held not to be a bona fide pu·rchaser; adverse posses­ the land, but shall operate only as a contract between the parties. and as authority to the registrar to make registration. The act of registration sion being, of course, always constructive no~ice.44 shall be the operative act to convey or affect the land." Minn., G.S., Another type of constructive notice that might be in- 1913, sec. 6914. recorded in the office of ""Every conveyance of real estate shall be new certificate the register of deeds of the county where such real estate is situated ; and registration in accordance with such instrument, and the every conveyance not so recorded shall be void, as against any subsequent or memorial shall be binding upon the registered owner, and upon all purchaser in good faith and for a valuable consideration of the same real persons claiming under him in favor of every purchaser for value and i-n est.ale or any part t.her<'of whose conveyance is first duly recorded.'' good faith . ..." Minn., G.S., 1918, sec. 6918. sec. 6844 (recording act). abThe rule in Minnesota under the recording act is that notice, obtained Minn., G.S., 1913, purchaser from being bona [1905] A.C. 176, 74 L.J.P.C. 49; Hoa-g, before the purchase is complete, prevents the "Assets Co. v. Mere Roihi, fide. Minor v. Willoughby et al., (1359) 3 Minn. 225, (154); Marsh v. of Title to Land throughout th~ Empire. 120 ·124; Niblack, Registratio!' Ina~much as recording the deed of the Torrens System of Conveying Land, 226. Armstrong, (1873) 20 Minn. 81, (66). An Analysis acts merely as notice to future purchasf'rs, notice obtained between com­ "For example, the Tllinois statute provides (R.S. 1921, ch. 30, sec. p]etfon of the purchase and recording has no effect whatsoever. Long v. • 84) : par. 42. "Except in case of fraud, and excevt as herein otherwise under the Torrens or Wright, (1921) 70 Colo. 173, 1U7 Pac. 1016. But provided, no person taking a transfer of registered land, or any estate statute the purchase is not complete until the deed is registered, even interest therein. or of any charge upon the same, from the registered though the money has all been paid and the deed taken. Minn., G.S., owner shall be he'd to inquire into the circumstances under which or the 1913. sec. 6914, note 31, supra. Accordingly, it would seem to follow that consideration for which such owner or any previously registered owner notice acquired prior to registering prevents the purchaser from being .- was registered, OT be affected with notice, actual or constructive of any bona fide. unregistered ttust, lien, c!aim, demand, or interest; and the lcnowledge "The n:inois act provides as follows, (Ill.. R.S. 1921, ch. 30, sec. 84), that an unregistered trust. lien, claim. demand or interest is in existence par. 40: "The registered owner of any estate or interest in land brought shall not of itself be imputed as fraud." under this act shall, except in cases of fraud to which he is a party, "Bjornberg v. Meyers et al.. (1918) 212 lll. App. 257. See also Brace or of the person through whom he c'aims without valuable consi.deration v. Superior Land Co. et al., (1911) 65 Wash. 681, 118 Pac. 910; Gauder paid in good faith, hold the same subject to the char-res hereinbefore set v. Dasscnaike et al., [1897] A.C. 547. 66 L.J.P.C. 103, 77 L.T. 321. forth and also on!y to such estate, mortgages, , charges and interests "Turner v. C:ark, ( 1909) 2 Sask. L. R. 200. as may be noted in the last certificate of title in the registrar's office, ""Every person receiving a certificate of title pursuant to a decree of and free of nil others." . registration, and every subsequent purchaser of registered land who re­ '° (1922) 189 Cal. 193, 208 Pac. 295, 23 A.L.R. 965. ceives a certificate of tit"e in good faith and for a va1uablc consideration "Henning's Cal. Gen. Laws, 1920, Act 5194, sec. 37. shall hold the Frnmc free from all incumbrances and adverse claims . .. _.: "Henning's Cal. Gen. Laws, ln20, Act 5194, sec. 39. Minn., G.S .. 1913, sec. 6892. "See Henning's Cal. Gen. Laws, 1920, Act 5194, secs. 16. 34...... Wher1ever any voluntary instrument is "Presented for registra­ 41 F"or a recent example of the Hmits to which this doctrine fe some­ tion, the production of the owner's duplicate certificate shall authorize times carried, see the recent case of Hauger v. J. P. Rodgers Land Co., the registrar to enter a new ce1·tificate. or to make a memorial of et al., (Minn. 1923) 194 N.W. 95. 6 TITLE NEWS voked to upset the title of purchasers of registered land knowledge of the facts which made the decree void."53 has been suggested in several Minnesota cases; that where If this proposition is sound, as it appears to be, then a1' examination of the proceedings to register the land in the rights of those of whom no jurisdiction has been ob­ question would disclose error or want of jurisdiction, the tained are not terminated no matter who it is that holds purchaser is not bona fide, at least where the error or want the certificate of title to the land in question, or how of jurisdiction appears affirmatively. 45 much of a "bona fide purchaser" he may have been. Like­ Likewise, if by chance the memonal of an wise, if the original certificate described, through error, on registered land is entered on the certificate of title on not only the land sought to be registered but also land be­ file with the Registrar of Titles, but not entered on the longing to one over whom no jurisdiction had been ob­ duplicate certificate of the owner thereof, a subsequent tained, it is probable that a future purchaser for value purchaser is charged with notice of this encumbrance, al­ without notice relying on it would not be entitled to keep though he may have no actual notice of it.46 It is worth all that he thought he was getting. In the absence of noting here that conveyances of, and all instruments constitutional protection, the opposite result seems to affecting the title to registered land that have been filed have been reached in the British colonies.54 with the registrar are indexed and retained by him.47 Is Although at a forged deed was an absolute ihe purchaser of registered land affected with constructive nullity, and the transferee had no power to convey a good notice of the possible invalidity or legal effect of these title to a bona fide purchaser,ss under the Torrens system instruments? Assume, for example, that A is the owner the forged deed, if registered, may become the root of a of registered land. A deed is drawn up in which B is good title in the bona fide purchaser.56 B entrusts A witlf named as grantee, but which is incorrectly acknowledged, his duplicate certificate; A forges a deed to himself, has or signed, or improperly witnessed. Nevertheless, on the himself registered as the owner and mortgages or sells strength of this instrument, a new certificate of title is to C, a purchaser for value, who registers his interest issued in B's name. C now wishes to buy the land. Is C in good faith. C's rights are superior to B's.57 If, on" charged with constructive notice of the defect in the A the other hand, the forged deed runs to a fictitious per­ to B deed on file with the registrar? The statute permits son, in whom title is registered, and C relies on such a him to rely conclusively on the certificate only if he acts certificate, the wrongdoer representing himself as the agent in good faith,48 and the invalid deed is certainly open to of the fictitious party, C is not protected.58 The opposite 4 his inspection. 9' So far, a question of this sort has never result might well be reached in this country, in view of been raised in the courts. If it should be held that the the provisions in most of the Torrens acts making the purchaser is affected with notice of instruments on file owner's duplicate certificate conclusive evidence of title.59 with the registrar, a long step back to the old "chain of A would have to procure this to enable C to register, and title" system will have been taken. Arguments to the con­ if it once got into his hands C would probably be protected, trary would be based on the conclusive effect given the issuance of a new certificate by the registrar. But the "Henry v. White, (1913) 123 Minn. 182, 185, 143 N.W. 324, L.R.A. 1916D 4. Although the meaning of this statement ls obvious, it is sub­ registrar is not a judicial officer, and it is hard to see how mitted that the language used is a bit confusing. One cannot be a bona an act done in the course of his ministerial duties could fide purchaser if he has notice of defects in the title, yet decrees are only subject to co.lateral attack if the want of jurisdiction appears validate an imperfect deed, or give a deed a legal effect affirmatively on the face of the registration proceedings. which it did not actually have.50 The courts of Illinois and New York have made similar implications: "Objection is also made that by section 26 any person who has any The California court, in Follette v. Pacific Light and interest in the land, whether personally serv~

STATEMENT OF THE , MAN­ 3. That the known bondholders, mortgagees, OUTBURSTS FROM THE VAULT AGEMENT, CIRCULATION, ETC., RE­ and other security holders owning or holding QUIRED BY THE ACT OF CONGRESS OF 1 per cent or more of total amount of bonds, RAT. AUGUST 24, 1912. mortgages, or other securities are: (If there Of Title News, published m onthly at Mount are none, so state.) None. If those who dictate the fashions Morris, l!linois, for October, 1928. 4. That the two paragraphs next above, for women are not careful, the first State of Missouri } giving the names of the owners, stockholders, 88 County of Jackson • a nd security holders, if any, contain not only thing they know, they'll be out of a Before me, a notary public in and for the the list of stockholders and security holders job. State and county aforesaid, personally ap­ as they appear upon the books of the com­ peared Richard B. Hall, who, having been duly pany but also, in cases where the stockholder sworn nccording to law, deposes and says that or security holder appears upon the books of We would like to know what becomes he is the Editor of the Title News and that the company as trustee or in any other the following is, to the best of his knowledge fiduciary r elation, the name of the person or of all the buttons the laundries pull and belief, a true statement of the ownership, corporation for whom such trustee is acting, off. management (and if a daily paper, the circu­ is given; also that the said two paragraphs lation), etc., of the aforesaid publication for contain statements embracing affiant's :!ull the date shown in the above caption, required knowledge and belief as to the circumstances The battle-cry of the average flap­ by Act of August 24, 1912, embodied in sec­ and conditions under which stockholders and per: "Make up or dry up." tion 411, Postal Laws and Regulations, printed security holders who do not appear upon the .. on the reverse of this form, to wit: books of the company as trustees, hold stock 1. That the names and addresses of the and securities in a capacity other than that publisher, editor, managing editor, nnd busi­ of a bona fide owner; and this affiant has no Flappers are all "Good Indians" when ness managers are: reason to believe that any other person, as­ it comes to making up. Publisher, American Title Association, Kan­ sociation, or corporation bas any interest di­ sas City, Mo.; Editor, Richard B. Hall, Kansas rect or indirect in the said stock, bonds, or 'City, Mo.; .Managing Editor, Richard B. Hall, other securities than as so stated by him. Often after getting across the street Kansas City, Mo-..; Business Manager, Richard 5. That the average number of copies of B. Hall, Kansas vity, Mo. each issue of this publication sold or dis­ safely, we feel so triumphant and jub­ 2. That the owner is: (If owned by a cor­ tributed, through the mails or otherwise, to ilant that we forget what we came poration, its name and address must be stated paid subscribers during the six months pre­ and also immediately thereunder the names and ceding the date shown above is (This infor­ across for. addresses of stoc.kho'ders owning or holding one mation is required from daily publications ~~~~~~~~- per cent or more of total amount of stock. If only.) A shark is a big fish; so is the per­ not owned by a corporation, the names and RICHARD B. HALL. addresses of the individual owners must be son who thinks he's one. given. If owned by a firm, company, or other Sworn to and subscribed before me this unincorporated concern, its name and address, 17th day of October, 1928. as well as those of each individual member, HARRIET C'. OSMOND, What we call bad luck often is the must be given.) [Seal] Notary Public. American Title Association. (My commission expires Oct. 28, 1931.) result of poor judgment. 8 TITLE NEWS Escrows for the Abstracter By Walter M. Daly, Portland, Ore.

Have you ever had anyone ask you simple escrows, consequently the rec­ embarrassment of the delivery of some - the question, "What is an escrow"? ords of the banks and trust companies hidden article, concerning which the If so, you have probably attempted to were not such that they were able to escrow agent has no knowledge. think of a definition only to find keep a detailed account of the trans­ The second main classification un­ that a simple one was not readily action. Sometimes an escrow book was der which escrows are ordinarily available. You may perhaps have kept in which the escrow was de­ handled, are those pertaining to real taken down a dictionary, only to find scribed, and when the escrow was estate. You will note from the above that the definition given there was not closed a receipt was taken signifying definitions that it was the delivery ot such that the ordinary layman could that all matters had been handled deeds or other conveyances that the understand, and then you have prob­ properly and releasing the escrow writers seemed to have in mind when ably told him that about the best way agent from liability. In cities some­ they prepared them, and it is a fact to convey to him an idea of what an es­ times these escrows became very in­ that while escrows are generally' crow is, was to give him an example. volved, such as in the case of re-fi­ handled by banks and trust companies You then took the case of a simple uancing large corporations, where, per­ for the delivery of , escrow, explaining the various steps haps, there were different classes of yet the greater number of escrows per-. in the transaction. stocks, different grades of bonds, all to tain to real estate, and particularly in In Webster's Dictionary an escrow be held by the escrow agent pending the of real estate transactions. is described as "A deed or other in­ the reorganization. This has been true One of the reasons for escrows of this strument delivered to a third party in the past in the reorganization kind is that there are so many kinds to be by him delivered to the grantee of railroads and large industrials. of liens which may be incumbrances upon the fulfillment of a specified Cases of this kind, however, re­ upon real estate, and which must be re­ condition." quire a carefully selected organ­ lrased from the funds derived from the Black's Law Dictionary gives three ization and are not handled in the or­ sale of the property, or from the plac­ definitions: dinary course of business. Therefore, ing thereon of a mortgage, and there 1. A scroll; a writing; a deed. Par­ I shall discuss only what we may term are so many things which may hap­ ticularly a deed delivered by the grant­ as the ordinary escrow. pen to a title between the time that or into the hands of a third person to In the past, escrows covering per­ the search is made and the time of be held until the happening of a con­ sonal property have been handled recording the deeds in the recorder's tingency or performance of a condi­ either as: First. Closed escrows; or, office that some means must be pro­ tion, and then by him delivered to the Second. Open Escrows. vided so that when the money is paid grantee. Under the term of closed escrows to the seller that the purchaser will 2. A grant may be deposited by a certain documents or securities are have an absolute assurance that there grantor with a third person to be de­ left with the escrow agent in a sealed are no judgments, attachments, stray livered upon the performance of a envelope or package, to be delivered instruments, taxes, city liens, merchan­ condition, and on delivery by the de­ sealed to a third party on the ful­ ics' liens, federal liens, or in fact positary it will take effect. While in fillment of certain conditions. While liens of any nature have been file

office of the fire insurance company the title company usually examines the not carried out to the letter; or if the party; for the transfer of fire insurance pol­ title, and if it can issue its title in­ property is delivered to a wrong icies, while if all of these papers were surance policy with only the incum­ or if by any other means the escrow deposited at various times with an es­ brances which are listed in the escrow agent does not handle the escrow in crow agent the closing of the trans­ agreement, it closes the escrow, not­ strict accordance with the instructions, action is a simple matter. withstanding the fact that any one of I believe that the company is liable Another thought in this connection the parties may desire to withdraw. This and that the parties can collect dam­ - is that the more people that are is the system in use in Southern Cali­ ages. The handling of escrows is, brought together in a real estate trans­ fornia cities, the cities of the East and therefore, a very serious business, and action, the more chance there is of the Pacific Northwest. This is the es­ every safeguard should surround all losing the deal. Relatives are brought crow as you and I, I believe, under­ of the details, and in the case of any in, advisors sometimes, and the petty stand it, and in my opinion it is the doubt it is advisable to go back to the parts of the transaction are enlarged proper way of handling an escrow. parties for amended instructions; or, to the extent that the main transaction The other system which, as I have in case this cannot be done, it is some­ i,; lost sight of. Under the escrow said, we may call an imperfect escrow times even necessary to throw the system it is not necessary to get the (although this is not a proper name whole matter into the courts for set­ parties to the transaction together at for it), or we may call it an escrow tlement. all. If a sale of a piece of property based upon good faith, is the method In discussing escrows with the of­ 'is made the buyer leaves his funds used by the San Francisco companies ficers of companies who handle large with the escrow agent, the seller leaves and the companies of Central and volumes of business I have been told of his deed, the mortgagee leaves his re­ Northern California. Under this sys­ cases where it has been necessary for leases, tax statements, city lien state- tem when money and instruments are the companies to take over large pieces on • ments are obtained, mechanics' liens deposited no signed instructions are of property or to advance money and releases are left with their de­ given; therefore, the escrow instruc­ mortgages and even to pay sums of mand, so that when all of the various tions are not a contract and are not their own money because of errors in angles of the deal have been completed enforcible. It is assumed that there handling escrows. It is very necessary, the rest is merely a matter of account­ is already a binding agreement be­ therefore, in the handling of escrows ing and disbursing of funds. tween the buyer and the seller upon to charge fees commensurate with the While escrows of this kind are which suit may be begun if required. work and the responsibility, for every handled by banks and trust companies Based upon this contract, the purchaser escrow agent some day is going to throughout the country, yet I believe deposits his money with the title com­ have a loss which will be substantial, that the larger volume of them are pany, which gives him a receipt in a and which may cause him to realize handled in the offices of the title com­ simple form stating that the company that this is a service for which he must which panies. These companies have title will pay this money to the seller only not only be properly paid, but plants where the filing of instruments upon the delivery of a specified title, will also create a reserve to take care can be checked and searches made to or a title subject to specified incum­ of the losses which will undoubtedly the very minute of closing. If they brances. The seller deposits his deed come. handle title insurance they have their with the title company and accepts a In Chicago, the minimum escrow fee own examiners, who examine the in­ similar receipt, which states that the is $10.00, Cleveland, Ohio, $30.00, and it is struments to see that they are in or­ deed is to be delivered to the pur­ in Southern California I believe der, and inasmuch as they are respons­ chaser upon the deposit of a certain something like $12.50. I do not be­ ible for the title, make their searches amount of money, which money is to lieve that escrow fees should be too and file their instruments so that no be disbursed in the manner set forth high, but they should be sufficiently the liens may attach affecting the title of in the receipt. At any time before large to take care of more than the purchaser or mortgagee. If such the title company closes this escrow the clerical work involved, and I believe a company maintains an up-to-date money or the instruments are subject should be based on the responsibility de­ plant all of the instruments filed with to withdrawal. In short, the title com­ of the company, for the losses will the Clerk, or with any other officer pany does not handle an escrow at all, pend upon the value of the property in­ authorized to accept instruments, are but assumes the position of agent of and not upon the amount of work in the office of the title company by the various parties for the purpose of volved. o'clock the following morning. The recording instruments and disbursing The thought is perhaps now running 8 may title company usually has searchers funds, based upon the contract which through your mind that escrows in the at the court house, city hall and other they have between themselves. You be all right for title companies a title in­ places so that tax statements and city may say that this is rather an odd way large cities that are doing won't lien statements may be obtained by of handling escrows, and yet it is the surance business, but that they are on telephone on a moment's notice, and custom that has been built up in cen­ fit in the smaller offices that to a in this way are able to give better tral California over a number of years an abstract. basis. This thought, service than banks or trust companies and it seems that both the title com­ great extent is true, yet the demand it behooves which are not so equipped. panies and the public are satisfied. for escrows is growing and handle es­ There is another classification into In escrows covering both personal everyone to get in shape to In Cali­ which real estate escrows may be di­ property and real estate transactions crows when they do come. 90 % of all vided, based upon the manner in which the greatest care is necessary. If it fornia it is estimated that they are handled: First--The perfect is an escrow in which there is an ex­ real estate deals are handled through of the title escrow; and, Second-For want of a change of property, either real or per­ the escrow departments in the small better name we will call an imper­ sonal, or if it is an escrow involving a companies, and this is true so it is not fect escrow. deal of any sort, there must be a com­ as well as the large cities, companies Under the perfect escrow the funds plete meeting of the minds, and the es­ unreasonable that the title some of of the purchaser or mortgagee and the crow instructions from all parties, if of the Northwest may expect The busi­ , deed of the seller, or the mortgage of taken separately, must coincide so that this business in the future. of its own the mortgagor are deposited with the there is but a single contract. If there ness will not come to you it, for, like escrow agent under a binding contract are discrepancies in the various in­ accord. You must go after public must be for a certain specified time, and under structions so that there is not a com­ all new things, the than the no condition is either party allowed plete contract, there is liable to be a taught that the new is better to be the to withdraw from the escrow without loss to one of the parties, and if any old, and it is your duty one way of go­ the consent of the other. The escrow of the parties suffer damages because teacher. There is no but you must instructions themselves become a con­ of an error in instructions or a failure ing after this business, time. Write tract, a meeting of the minds, and no to handle the escrow in a proper and keep it in mind all of the or building further contract is required. Upon business-like manner; or if all of the to the mortgage companies are doing the opening of an escrow of this kind different phases of the transaction are and loan associations that 10 'l'ITLE NEWS

business in your field. Tell them that are you going to be ready to take care l:,usiness increases, proper forms should you can save them considerable work of it. How many of you now have be provided. if they will forward the papers in their any equipment with which to keep a After all cash has been disbursed, loans, together with a check for the record of escrows. If you haven't, you all papers recorded, all receipts ob­ funds; that you will attend to getting should have. The essentials are very tained-everything in connection with the papers signed and recorded, will simple-a small loose-leaf ledger, a this escrow, including your ledger pay the taxes and liens against the Graves or similar index and some en­ sheet should be filed away in the en­ property and also mortgages or other velopes (preferably large envelopes - velope as a permanent record. You incumbrances noted in their attorney's that will hold 81hx13 papers, as these can never tell when the papers will report. be I know of one small company papers will hold their appearance bet­ needed for use in court, by an income in Oregon that is now closing all of the ter if allowed to remain flat). Num­ tax official, by an executor of an loans es­ in its county which are made by ber your ledger sheets from one up, t&te, and the fact that they are easily a joint stock land bank, and also two your envelopes the same, and you are obtainable may save the p.uties a other mortgage companies. These ready. great amount of inconvenience and companies are glad to be relieved of When the first escrow comes in, in­ be another evidence to them as to the the details and the local company has dex every name that appears, whether service that an escrow renders. made some good clients for its office, it be buyer, seller, mortgagee, realtor, I wish to leave this thought in your besides getting proper fees for its tenant, or what-not, referring in your mind-make your place of business work. index to the escrow number. Credit more than a mere abstract office. En-.. When people come in to order ab­ the cash received on the ledger sheet large your service. Tell the public i; tracts of title, ask them if they are to the same escrow number. You will that you can not only prepare their selling their property. If so, tell them note that I have not provided for es­ abstracts but that you can prepare that you will • prepare their deeds and crow forms, for in the beginning there · their papers, and do all things neces­ attend to the closing of the deal for is no necessity of having printed in­ sary to see that they are protected in them. You are well qualified to handle structions, but be careful to see that the closing of their deals, whether it any . By keep­ the instructions are clear, simple and be a sale or a loan, and in short render ing escrows in your mind all of the thoroughly understandable and that all such a service in your own commun­ time you will be surprised how much instructions harmonize so as to make ities as the larger companfes are do­ business of this character you can get. a complete meeting of the minds of all ing in the cities. You can do it if When this business starts to come, parties. Later, when the volume of you will only try and keep trying.

Suggestions for the Tract Index By Earl W. Jackson, South Bend, Ind.

During a discussion at our state con­ usually a week or two back in his work, was begun, . over fifty years ago, per­ vention of the various methods of ab­ it is not possible to post at this time manently bound records were used. stract plant operation, it developed the book and page upon which each in­ After land has been platted, the sub­ that the system in use by our com­ strument will appear, so this makes it division is laid out in a new record and pany was somewhat different from necessary that we go over our post­ a page given to about every four lots that in use by many of the other com­ ing about two weeks after it is entered in the plat. We post directly to this panies, and I was requested to outline in our books and insert the book and page every deed, mortgage, lien, re­ our method in writing. Realizing that page upon which the instrument has lease, affidavit, or any instrument af­ each abstracter has a system all his been recorded. fecting a particular lot. Only the deeds own, which he has developed to a point For the past four years we have had and mortgages are posted in full show­ of perfection, I hesitate to offer our the county clerk prepare a record ing the names of both parties, dates, own for his criticism, unless we can be each day of the judgments rendered description, consideration, etc. The assured of receiving the benefit of his in each of the three county courts, to­ other instruments are posted there critical remarks. For the past seven­ gether with a list of wills admitted to only by reference to the volume, page teen years, the abstracters of our probate, new estates opened, lis pen­ and line upon which they appear on the county have employed the county re­ dens notices filed and all suits filed sheet prepared by the recorder. These corder to prepare for them every which affect real estate. We keep ::;heets are 13" by 17" and are bound day a typewritten record of the these sheets also and bind them as we permanently in volumes of 500 sheets instruments which have been re­ do the Recorder's notes. Wherever each. corded that day. Every morning at i·eal estate is described in the Clerk's When an order is received for a eight o'clock each abstracter re­ notes, we post it directly in its proper complete abstract the ceives his sheet from the recorder, set­ place by reference to the page and line is prepared much as it is in any office, ting out in the order of their record­ upon which it appears. We verify I presume. Examination is made to ing, each instrument that was recorded judgments, lis pendens, etc., as shown determine first, if we have ever ab­ the day before. The serial number, by this sheet with the county records stracted any of these instruments be- • names of all parties, dates. consider­ about once a week, and index them in ations, descriptions, acknowledge­ a separate index. fore. If so, we have carbon copies in our files. The ments, etc., of each instrument filed, We also keep an index of chain of title is then every handed are copied onto this sheet by the re­ grantee and another of each mort­ to a stenographer who first corder, and each instrument abstracted gagor. It only takes a few minutes copies whatever numbers we have al- • by him full enough that it would be each day to index these names and ready abstracted, and then works out possible, if necessary, to copy it into we often find it a great convenience. the balance of the chain at the court­ a complete abstract. We always ab­ Our tract index is laid out in such house in long hand notes and returns stract, however, direct from the rec­ a manner that each 80 acre tract in to the office to transcribe them. A ords, and do not use this sheet except the county has a separate page, upon page is given to each instrument and to post from. By noon of the day we which we post every transaction asso­ the abstract is assembled and maps receive the sheet each item has been ciated with that eighty acre tract or prepared it is arranged chronologically, posted in its proper place and the books any part thereof. We now use loose rechecked, numbered and tied up. One are up to date. Since the recorder is leaf ledgers but when our set of books stenographer has followed the title TITLE NEWS 11

t hrough from the beginning, abstract­ We have found this system of keep­ If any abstracte1· can apply any­ ing each entry whether deed, mort­ ing records and abstracting most satis­ thing I have tried to express herein gage, taxes or any kind of court pro­ factory although I realize that it would to his own particular business and ceeding. When she has finished it is not be practicable in the larger cities thereby shorten his labor or increase - largely her own individual work. or smaller communities. his profits, I will be very pleased. A Few Curious Wills By William A. Gretzinger, Philadelphia, Pa.

In this little writing I have a num­ signed with the cross, for a pilgrimage and shoes suitable. I Will that ten ber of very curious Wills and Bequests to the Holy Land on my behalf and of pounds be bestowed to buy black cloth ' -some very singular, and others very Isabel, his mother, two hundred for the cloathing of my sons and benevolent in their nature. The pur­ marks; to Joane, my daughter, a can­ daughters, as likewise for the sons poses for which Bequests are made, opy, some time belonging to St. Wol­ and daughters of all my domestic • alter with time and circumstance-in stan, and a book of Lancelot, which I servants. I Will that the two hundred fact, many Bequests outlive the object have lent them; to Isabel, my daugh­ marks now in the hands of my son, for which they are intended; for in­ ter, a silver cup; to Sibill, my daugh­ Sir Walter Hungerford, be given to stance, we hear of one man leaving ter, all the money due to me from found a perpetual chantry of one chap-· money to redeem "Christian Slaves my son William, towards her marriage, lain, to celebrate divine service in the from African captivity"; another, to and forty marks more, with the land Chapel of St. Anne, in the north part "promote bull-baiting"; and another which I bought in Britlamton, to en­ of the said Churclr of Farleigh, for the leaving so much "for whipping dogs joy it until she be married, and no health of my soul, and the soul of my out of church." Some one oddly re­ longer; to Sarah, my daughter, one husband, and for the souls of all our marked, "That man's a fool who writes hundred marks for her marriage; to ancestors for ever; to Katherine, the a letter, but he's a greater who de­ William, my eldest wn, the cup and wife of my said son Walter, my black stroys one." This might be applied in horns of St. Hugh; to my daughter mantle furred with minever, and to another way, "He is a fool who makes the Countess, his wife, a ring with a Thomas his son a green bed, em­ his own Will, but he a greater who ruby in it; to Sir Roger de Mortimer broidered with one greyhound. (Dug­ does not make one." and Sir Bartholomew de Sudley a ring dale's Abstract Vol. II, p. 204.) of W orces­ each; to the Friars-Minors J ohn Wilcock's W ill. Giving T heir Hear ts Away. ter forty shillings; to the Friar:;­ John Wilcocks, of Chipping, Wy­ the famous Earl of Mellent Minors of Gloucester one mark; to the Robert, combe, 5th July, 1506. My body to be and Leicester, one of the early cru­ Friars-Carmelites th1~re one mark; to buried in the Church of All Hallondon saders in the Holy Land, died in 1118, the Hospital of St. Wolstan at Worces­ on Wye, before the rood. To the re­ abbey of Preaux, where his body ter one mark; to the Hospital of St. in the pair of our Lady's Chapel of my grant was buried; but his heart, by his own Oswald there ten shillings; to the XX.Ills. IV d.; I Will that my executors was conveyed to the hospital at Canons of Doddeford one mark; to order, pay the charge of new glazing the win­ Brackley, to be there preserved in the Church and Nuns of Cokemill ten dow in the said chapel; also I Will that Isabella, daughter of William E. marks; to Isabel, my wife, ten marks; salt. an obit be kept yearly; I Will that my of Pembroke, who died to the Church and Nuns of Westwood Marshall, Earl executors buy a marble stone to lay in 1239, ordered one mark; to the Church and Nuns at Berkhampstead on my grave, with the picture of my in a silver cup without Worcester one mark; to every her heart to be sent two wives of seven foot in length, Abbot of Tewkes­ Anchorite in Worcester and the parts to her brother, then the stone mentioning her sons Thomas buried before the adjacent four shillings; to the Church bury, to be there and Michael Wilcocks. I appoint Wal­ The heart of John Baliol, of Salewarp, a house and garden near high altar. ter, my son, my executor, and also Castle, who died in the parsonage, to find a lamp to burn Lord of Barnard Robert Ashebrooke and Robert widow's desire, en­ continually therein to the honor of 1269, was, by his Brampton, priest, and John Aley, my closed in an ivory casket, richly en­ God, the Blessed Virgin, St. Kather­ are many ine, and Saint Margaret; and I appoint executors. amelled with silver. There Cow CJiarity. bequests of hearts on record besides my eldest son William Earl of War­ the above. wick, Sir Roger Mortimer, Sir Bar­ W oodchurch, Cheshire. tholomew de Sudley, and the Abbots James Goodaker, of Barnston, in William de Beauchamp's Will. of Evesham and of Great Malverne, this parish, in 1525, left twenty William de Beauchamp, dated at my executors. marks to buy twenty yoke of bullocks, Wauberge, upon the morrow after the which were subsequently replaced by Joane Lady Hungerford's Will. Epiphany, t anno 1268, 53 Henry III. cows, and given to the poor of Wood­ My body to be buried in the Church of Joane Lady Hungerford, Feb. 1, church; every parishoner that had a the Friars-Minors at Worcester. I Will 1411. My body to be buried in the cow or cows paying yearly for each that a horse, completely harnessed Chapel of St. Anne, in the Parish to the overseers the sum of 2s. 8d. with all military caparisons, precede Church of Farleigh, Hungerford, next every Friday before Whitsunday, • my corpse; to a priest to sing mass to the grave of my husband. I Will which hire was to be a stock for the daily in my Chapel without the City of that, with all possible speed after my benefit of the poor for ever. Worcester, near unto that house of decease, my executors cause three The parish of Woodchurch includes Friars which I gave for the health of thousand masses to be said for my ten townships, from each of which a my soul, and for the souls of Isabel soul, and for the souls of all the faith­ trustee of the cow p1 ·operty is elected, L my wife, Isabel de Mortimer, and all ful deceased. Also I desire on my whose duty it is to see that the animals the faithful deceased, all my rent of burial day that twelve torches and are properly taken care of, and those the fee of Richard Bruli, in Wiehe and two tapers burn about my body, and persons are termed governors of the Winchester, with supply of what that twelve poor women, holding the cows. There is an annual meeting, on should be too short out of my own said torches, be cloathed in russet, which occasion the cows are produced proper goods; to Walter, my son, with linen hoods, and having stockings and examined. 12 TITLE NEWS

Fish for the Poor in Lent. Street 30s. and in Old Fish Street Ellis who had always been very kind Clavering, Essex. 30s., to the use of the poor inhabiters and loving to him, and being very John Thake, by Will, dated 13th and artificers compelled by necessity much displeased with his son Freeman June, 1537, gave to Robert Cockerell to repair thither, to buy the cuttings Ellis, who had been undutiful to him and his heirs his house and lands of fish and the refuse of fish; the resi­ and married without his consent and called Valence, upon condition that due to remain the wardens for their was gone away from his wife, would they should for ever, yearly, on Fri­ labours in this behalf. and did several times in his life time day, the first week in Lent, give to There being no poor persons of the . . . say and declare that whenever poor people of Clavering one barrel description mentioned in the deed, the he died he would make his said sisters of white herrings and a cade of red annuity has 9een added to the fund . . . his executrixes and leave his es­ herrings, (a cade is about half a distributed to the half-yearly poor at tate to their sole ordering and dis­ barrel,) always to be given by the Christmas. posing." oversight of the churchwardens and Halfpenny Bread Charity. Wives fall under a full share of the tenants and occupiers of the lord­ abuse. Godmanchester, Huntingdonshire. A London bookseller, in 1785, ship and parsonage of Clavering. left a legacy of £50 to "Elizabeth The owner of the farm called Va­ Robert Grainger, by his Will, dated whom through my foolish fondness 10th October, I lence, regularly sends to the house of 1578, gave and ap­ made my wife, without regard to fam­ pointed as the parish clerk, in Lent, a barrel of much bread as could be ily fame or fortune, and who in re­ made of a coomb red herrings and a barrel of white, of wheat, to be made turn has not spared most unjustly to, into halfpenny which are distributed in the church loaves, and to be dis­ accuse me of every crime regarding tributed by the parish clerk and sexton, four among the poor of Godman­ human nature, save highway robbery." chester by the churchwardens, to each married couple, two to each to be Robert Frampton also had unhappy • widow and widower, and one to each charged on his mansion house in God­ experiences. He describes manchester. himself as child. of Woodley, in the parish of Sonning Bequest of White Peas. The present owner of the house and county of Berks, and his will was Sawston, Cambridgeshire. pays the value of four bushels of dated in London December 18, 1677. wheat, John Huntingdon, by Will, dated according to the average price "I do devise and bequeath to my wife 4th August, 1554, devised lands and of wheat at Huntingdon market, on Ann £1000 to be paid her out of my tenements to Joice his wife, and his the Saturday before Good Friday, to personal estate, not being able to leave heirs, upon condition that his heirs a baker, for supplying the bread, her more by reason of her extrava­ should yearly for ever sow two acres which is distributed on Good Friday. gancy in all things, embezzling the of land, lying together in Linton field, money given her for her apparel and with white peas, one combe to be Is is curious how quickly a man leaving what she bought for that use yearly bestowed upon each acre, for turns to his will in the event of cool­ upon the score, which I was forced to the relief of the people of Sawston. ness or misunderstanding. Cardinal pay, and her running me into debt a Two acres, the property of Richard Vaughan has told how his friendship good sum besides whereof she would Huddlestone, Esq., the lord of the sev­ with Cardinal M;anning died down. never give any account. She hath eral manors in the parish, are annually "We consulted one another and told also from time to time given her gos­ sowed with white peas, as directed by one another everything. Well, he had sips a great part of what bought for the Will, which are gathered green on appointed me to be one of his execu­ herself the children and necessaries a day fixed by the occupier of the tors. On one occasion when I was for the house and of the provisions land, by all the poor indiscriminately, staying with him in London, we got thereof to the huge increase of my ex­ when a complete scene of scramble into a discussion; I could not accept penses and great damage of my estate; and confusion ensues, attended with his views, and I suppose, on the con­ yea, in all things she hath ever been occasional conflicts. trary, strongly maintained my own. a profuse imperious and unkind wife I saw he was a little bit put out--but Milk Tribute. unto me, and sundry times bound what do you think he did? He went Alresford, Middlesex. herself under a curse to ruin me if upstairs, took out his will, and struck she could and necessitate Edmund Porter by Will, dated the children 27th his pen through my name as execu­ to beg and starve." May, 1558, directed that John Porter tor." should have a house called Knapps, Sir Humphrey Style, in 1658, was An uninitiated reader of Elizabeth more with the appurtenances, church fences, reticent in his misfortune. He Stow's will would never have known and caprons, (which comprised thirty­ gave to his wife £20 to buy mourning what bitterness lay behind that £5 for one acres of land,) to him and him if she pleased. and a further his legacy; but sometimes such bitterness heirs, upon condition that they should sum of 5s "for good reasons best is evident enough. Harry Staple, of give for ever the morning milk of two known unto myself, but not for her Ospring, Kent, whose will is dated honour able milk beasts to the poor people of to be published." But doubt­ Feb. 19, 1691, is curt and downright: his parish, every Sunday yearly, less the gossips wagged their tongues from "To the widow Hall Whitesunday to of Ospring arid no less. Michaelmas, 3s. 4d. on unto my three Good Friday, undutiful daughters, A Spanish lady, not long since, in­ and a like sum on Christ­ Mary and mas day. Elizabeth and Martha one cluded all her relations in one condem­ shilling apiece." John This milk tribute has subsequently Braibroke, of nation. "Nothing shall come to them Cooling, in 1535 requested been commuted for a money his son from me, but a bag of sand to rub pay­ Thomas "not to meddle ment, which is with nothing themselves with. None deserves even distributed in bread of my testament amongst the poor. or last will, nor my a goodbye. I do not recognise a wife Alice to meddle with nothing single one of them." But not only Cuttings of Fish. that is or hath been between me and within the family is animosity shown. London, Fishmongers' Company. my son Thomas from the beginning of John Bacon Sweeting, of Honiton, Robert Harding, by Will, dated 20th the world unto the present day." A surgeon, whose will was proved No- • November, 1568, gave to the Company startling bequest was that of 31h d. vember 10, 1803, in a codicil thus of Fishmongers an annuity of £3 6s. to a son for the purchase of a rope complains: "Be it remembered that 8d., issuing out of his lands and tene- for his wife, to be used as soon as whereas I am unhappily so situated as men ts in Pudding Lane; and Simon possible. And another son to reap to have Samuel Lott, Esquire, as pos­ Harding, his son, by deed, 7th Septem- trouble was Freeman Ellis, whose sessor of a spot of land adjoin­ her 1576, confirmed the same; to hold - father's will was proved in 1664. ing some lands which I bought . . . the said annuity to the wardens and "Memo. that Freeman Ellis late of the and situate on the north side of the commonalty and their successors, to parish of St. James Clerkenwell ... Borough of Honiton, and the said the intent that they should pay in the having a very great love and affec­ Samuel Lott has set up a claim to a Lent season £3, that is, in New Fish tion for Bridget Fanny and Judith certain space behind the same which TITLE NEWS 13

he has refused to leave to be referred penses paid out of: my property." that one of the pillars of the church to the arbitration of Wm. Tucker of More recently a testator thus gave at Neufchateau should be hollowed Croydon, Esquire, from a conscious­ vent to his feelings: "My estate would out and his body stood upright there­ ness, I conceive, of the injustice of his have been considerably larger if it had in, so that the vulgar might not walk pretensions, this as u serious man and not been for my association with this upon his corpse. a Christian I would not assert if the perambulating human vinegar cruet The strange request of the great same conduct had not been notoriously and the cleverest known legal day­ English jurist, Jeremy Bentham, that - observed by him wherever he had a light robber." his corpse might be embalmed and prospect of over-reaching his neigh­ But a transition to the subject next placed in his favorite chair at the bour, and feeling that this conduct will appearing may conveniently be made banquet table of his .friends, on all oc­ as [illegible] prevent my selling the by mention of the will of Robert Halli­ casions of state, was carefully carried property at a fair and just value, as day (dated May 6, 1491), who gave out by his friend, Dr. Southwood most people wish to avoid law, it is my 5s. issuing out of an estate in St. Smith. By some scientific process the will that the same shall not be sold Leonard, Eastcheap, to make an en­ body of the philosopher and law during the lifetime of the said Sam­ tertainment once a year for persons at writer was preserved, by a French art­ uel Lott for a less sum than £120, and variance with one another, that peace ist and in his usual suit of clothes, it is further my will that if the said and love might be promoted and pre­ with his broad-brimmed sombrero and Samuel Lott shall encroach any build­ vail. his favorite walking-stick, in his old 'ing on the spot alluded to, that then Among the freakish wills collected armed-chair, the lifeless body of this my said executors shall pull down such by Harris, may be mentioned that of gifted man graced the meetings of his encroachments and defend the act as the nobleman of the house Du Chate­ friends, until it was removed by Dr. they shall be advised, and the ex- let, who died in 1280, and directed Smith to University College.

Another Reason for Title Insurance By McCune Gill, St. Louis, Mo. Sometime ago the writer was dis­ that she would not have been barred to make even this simple formality cussing title insurance with a lawyer until ten years after the death of her unnecessary. The legislature has, client, and mentioned as one of the husband). But why this distinction however, left unstopped a very obvious reasons for such insurance the hazard in favor of a married woman? Until means of exit. The act itself provides of future court decisions. The client the day of her marriage the claimant that the president and directors of a answered that such decisions were al­ of land in possession can hold ad­ forfeited corporation can convey its most invariably just and reasonable, versely against her, which holding will real estate, as trustees, and more re­ and hence not to be feared. The run against her during her marriage cently the court has decided that a writer replied that the contrary is true and become invulnerable in ten years. deed by the president is sufficient even and that courts usually show a fine But if his claim begins the day after though executed in the corporate disregard for the practical justice of her marriage, it would not avail him name. Something more than capital the case and follow the dictates of anything until ten years after her hus­ punishment seems to be necessary to obsolete precedents and faulty logic. band's death perhaps fifty years later. collect this road tax. The whole To settle the argument it was pro­ If limitation is a proper public policy grotesque subterfuge should be re­ posed to select, at random, a volume why not apply it to all alike? We hear pealed. Should a corporate charter, a of Supreme Court reports and criti­ that she had no right of action be­ contract between state and stockhold­ cally examine the real estate decisions cause of her husband's estate during ers, be nullified without notice, proc­ therein, so as to determine whether coverture. Why shouldn't she have ess or proceedings whatsoever? Why the case or statute law involved in the a right to sue? And why cannot should corporations be singled out to decisions be just or unjust. In short, courts establish rules in accordance pay a road tax, or be executed with­ to see whether the trend of court de­ with modern ideas of the status of out trial by either judge or jury, for cisions, present and · future, constitute women, without being forced to do so failure to pay it. a hazard to landowners that should by a tardy legislature. This was done Bank v. Kirby', 269 Mo. 285. title insurance. The of be protected by in the present instance by the Acts This is a suit to foreclose a mort­ to be the volume chosen happened 1917 and 1!)19 bringing married gage on land in the name of Charles containing eight real 269th Missouri women within the ten-year rule, but W. Kirby. The mortgage was signed property cases, decided in the year not until much injustice had resulted by Kirby and his wife, Adda Kirby, result of this study is 1916. The from the operation of the old rule. but not acknowledged by either. herewith submitted: Woodward v. Fisher, 269 Mo. 271. was ordered and no ap­ Schneiderheinze v. Berg, 269 Mo. 263. In 1913 the legislature passed the peal was taken by the! husband, but In this case a married woman, Corporation Registration and Forfei­ the wife appealed. Her contention was Sybilla Schneiderheinze, was granted ture Act. About the only useful pur­ that a deed conve~ing dower is ab­ in a sheriff's deed under execution in pose served by this act seems to be solutely void, even between the par­ 1888. For some undisclosed reason, the collection of fees from corpora­ ties, and even after the Married best known to herself, she did not at- tions to be expended on roads (the Women's Acts, if not acknowledged. • tempt to obtain possession of the land connection not being very evident). And the court sustained this conten­ until 1911, or twenty-three years after It was perceived that the act would be tion. That such a flitnsy excuse, fol­ the date of the deed, and two years wholly ignored unless adequate pun­ lowing a doubtful historical precedent, after the death of Berg, the judgment ishment for violation be imposed. So should defeat a valid mortgage, is al­ debtor, who had continued in posses­ the crime of nonpayment of this tax most unbelievable. Perhaps the court sion during his life. The court held was made capital; the corporation lost did not realize that it was blindly fol­ that she was not barred by limitation its life upon noncompliance. In the lowing the rulings that were obtained because she was a married woman. present case, a suit on account, for­ centuries before in the days of fines It also erroneously intimated that she feiture was avoided because notice and recoveries, although these strange would haye been barred in twenty­ was not posted in the recorder's office farcical lawsuits were never in vogue four years (the correct rule being and the next year the act was changed in Missouri. The obvious remedy for 14 TITLE NEWS

this condition is to abolish dower, for term of fifty years, why should it not of No. 19. The court V;ery properly the dead weight of stare decisis seems be sufficient for an extension of fifty held that this did not affect the valid­ too great for courts to overcome. years? A better way would be to ity of the tax title. The next point Dower has been abolished in more make co1·porations perpetu'al, subject was that one of the defendants other than half of the States and recently to termination upon abandonment or than Slaight was omitted in the judg­ in England, and in the latter country misconduct, and to require an annual ment and the name of the purchaser, (from whence we got .our dower) it fee or tax based upon capitalization, Laclede Land & Improvement Com­ was enacted almost a century ago that or still better upon the amount of pany, inserted instead. The court also - dower should attach only to land realized. The fee in the pres­ passed this defect as harmless even owned by a man at his death and not ent case amounted to three thousand though it became necessary to criticize to that conveyed by his sole deed in dollars-too large to be justified as a a previous ruling of the same court. his lifetime. clerical service charge, and probably On the third point, which seems the too small if viewed City v. Moore, 269 Mo. 430. as a tax on the most trivial of all, the court held the benefits of corporate existence. It tax title void. The land This is a proceeding to open a was described may be i·emarked that two of the as SW ~ Sec. 22-31, 2W. street from the end of Slattery Street, The only judges in this case dissented, in the sensible rule as to description is a blind street or cul de sac, through that teeth of the statute, but without as­ a surveyor should be able to locate the to another or cross street. To so do signing any reasons. ground. Any surveyor, or would necessitate taking the eastern real estate Reading & Sparks v. Chandler, 269 man (or farmer) would thirty feet of the rather commodious say that these· Mo. 589. figures meant section yard or playground of a public school. 22, township 31, This is a four-to-three decision on range 2 West. They couldn't The deed by which the school board mean whether a private road, previously anything else. But the acquired title stated that the east court held the line condemned and paid for, should be tax title of the property was the center line void. Courts delight to de­ vacated. Another or public road had feat titles created by of "proposed Slattery Street." The other courts. been opened through to the farm of And judges who are officers deeds of the owners of the other half of a gov­ Chandler served by the private road ernment whose existence depends of the proposed street were made sub­ but at a point that made the distance upon taxation, seem eager ject to an easement for street pur­ to find to town greater by a mile. The statute flimsy excuses to defend those poses. It would seem that here was who provides for the vacntion of a private refuse to pay their taxes. Bids a reasonable and a just plea, but the at tax road only when a "convenient anti sales will continue court forbade any inquiry into the to be very small practical" public road is opened, and so long as courts merits of the opening by ruling that declare the sales the court held that the new road was void on every pretext. the public acting through a city gov­ not convenient or practical. This ernment has no right to open a street seems a very strained construction Chapman v. Chapman, 269 Mo. 663. through the same public's property particularly as the location of the old used for a school, no matter how Fannie E. Chapman sued Fred E. road appears to have imposed consid­ greatly the street is needed nor how Chapman for divorce and alimony, erable burden upon Reading and little the school will be damaged. Is and joined Waltei~ E. Chapman, Sparks by bisecting their farms. not a city as well as a school board The brother of Fred, because Fred's real minority opinion brings out these an instrumentality of the State? estate stood in Walter's name. Fred points to some extent but is weakened Would it not be better to inquire into had absconded and could not be served by an attempt to inject a constitu-­ the justice of the proposal rather than with process. The plaintiff asked for tional question, referring to assign some fanciful and arbitrary to the pro­ divorce and that any alimony be de­ vision in the constitution superiority to one branch of govern­ forbidding clared a lien on the husband's real es­ the condemnation of private property ment? The court excuses itself by tate in his brother's name. She did for private use except for saying that the remedy is with the private not ask for an attaehment nor allege ways "of necessity." Then legislature and not with the courts. the mi­ fraud on Walter's part. The court nority proceeds to confuse this Has not the legislature already given sort of held that a divorce court in Missouri condemned and paid-for road with the city power to open streets? Must the cannot make any order with reference implied easement of necessity it be given specific power to open that to any specific property and that the arises without compensation streets through each particular owner­ when an statute does not authorize a proceed­ owner sells a lot separated ship or class of ownership? Surely from the ing in rem. If true,· this appears to road by his own land. It may be obstinate school boards as well as said be a serious defect in our statute, as in passing that our constitutional obstinate private citizens are within pro­ compared with those of other states, hibition against the meaning and necessity of condemnation for authorizing and requ1rmg divorce the con­ private stitutional power of condemnation. use seems strongly out of date courts to settle all property rights in when compared with the modern Eng­ the divorce action. But is our statute State ex rel. Kinloch Telephone Co. v. lish statutes allowing private con­ thus limited? It states that in addi­ Roach, 269 Mo. 437. demnation for homes, factories, gar­ tion to a money judgment for alimony, This was an attempt to mandamus dens, and other worthy purposes. a divorce court may enforce the or­ the Secretary of State to allow an Orchard v. Laclede Land & Improve· der "by sequestration of property." extension of a cQrporate charter with­ ment Co., 269 Mo. 647. The legislature could not have meant out payment of the statutory fees. This is to determine the validity of sequestration in its narrow or histori­ While there was nothing for the court a tax title under judgment for taxes cal sense for that was a sort of equit­ to do but to follow the statute, this in 1887, through which defendant able attachment in lieu of imprison­ decision is a good example of the in­ claims. Plaintiff claims und-er deed in ment for debt. It would seem that congruity of our corporation laws. 1911 from Alonzo T. Slaight, the the legislature intended to create a One of the chief reasons for incor­ owner, who refused to pay his taxes lien, particularly as it includes divorce porating is to obtain continued exist­ in 1887. It would seem that the im­ with "attachment, foreclosure, me­ ence regardless of the death of stock­ portant question would be as to who chanics liens and other liens" in the holders. Still it is provided that cor­ had been in possession since 1887, and statute allowing service by publica­ poration existence shall not continue who had paid the taxes all those years. tion in actions in rem. But all of this longer than twenty years, unless the But these points if raised did not was denied by the court. By the com­ articles provide a longer term up to reach the appellate court. The only bined efforts of legislature, counsel, fifty years. If the policy of the state points there mentioned were three and court, the plaintiff failed to obtain fo to limit to twenty years, why allow small and inconsequential clerical er­ what everyone seems to have conceded fifty upon mere request? If fifty rors in the proceedings in 1887. One she should, in good conscience, have years is proper, why not for all? And was that the number of the case re­ had, support out of her husband's if one fee is sufficient for an original cited the judgment was No. 90 instead property. TITLE NEWS 15

Complied 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 divorce on distributing the proceeds. Schee v. Schee, 4 S. W. 2nd tenancy by entirety? 760 (Missouri). Husband and wife become tenants in common, each tak­ ing undivided half. Baker v. Kennerup, 140 Atl. 681 Does the mere word "Trustee" (New Jersey). constitute notice of the rights of beneficiaries? Is trust for son, during his life, It does in those States that have not passed the act then to all his children during their recommended by the American Title Association; hence lives, then to named nephews, deeds must be obtained from beneficiaries. Howey v. Cole, good? 4 . W. 2nd 8Gl (Missouri). Yes; it is not a perpetuity (at common law) because the life estates to unborn children must vest at end of life in Can the homestead be parti­ being (son), and the final remainders (to nephews) vested tioned by suit? at testator's death. McAllister v. Elliott, 140 Atl. 708 No; but it can be set apart from other property in a (New Hampshire). ------ suit. Crayton v. Phillips, 4 S. W. 2nd 961 (Texas). Does a corner lot front on both streets? Is a devise to one if another dies No; only on the narrower width; as where there is a building line restriction on "street on which lot fronts." without issue during a preceding Rhinehart v. Leitch, 140 Atl. 763 (Connecticut) . estate, good? Held both ways in Missouri at the same term. Barn­ hard v. McGrew, 5 S. W. 2nd 77; Ewart v. Dalby, 5 S. W. Does 's consent to sublet 428. carry over into renewal period? 2nd Held not, even though lessee had privilege to renew. Sisson v. Mathews, 227 N. Y. S. 721 (New York). Can cashier take acknowledg­ ment of mortgage to bank? Is trust to pay income to five He can if not a stockholder. Bank v. Niklasson, 218 children during lives, N. W. 744 (Nebraska). to each one's descendants, good? Yes; not a perpetuity even in a two life state, as the Is affidavit "on information and shares are separable. In re Peek, 227 N. Y. S. 682 (New belief" sufficient? 564 (New Jersey). York). No. Maplewood v. Margolis, 141 Atl. Is Probate sale to strawman, What is effect of description who conveys to administratrix, to "bank of creek"? good? Runs to bank only even though otherwise would run to No; sale is voidable, particularly where administratrix center. Hutton v. Yolo, 265 Pac. 933 (California). is also life tenant. Johnston v. Johnston, 227 N. Y. S. 526 (New York). Is agent entitled to commission if deal falls through? Can land owner buy at fore­ Yes. Collopy v. Stevenson, 265 Pac. 1098 (Kansas). closure of first mortgage and cut out second mortgage? Did omission of stamps make No; the second mortgage 1·evives and becomes a first deed void? lien, if owner executed or assumed the second mortgage. No; the deed is good. Chauvin v. American, 218 N. Clearman v. Graham, 4 S. W. 2nd 581 (Texas). W. 788 (Michigan).------Is construction mortgage su­ to mechanics' liens filed Can wife give husband power perior of attorney to release her dower? after recording of mortgage? Usually not; but held that she can in New York, al­ is inferior if mortgagee knew of mechanic's Mortgage though she cannot convey her dower to him. Carney v. claim, even though mechanic did not exercise right to file Morrison, 228 N. Y. S. 308. warning notice, in Kentucky. Coral v. Trust Co., 4 S. W. 2nd 737. Can guardian of two minors sell Who loses when escrow bank lots of each in one deed? fails? No; the sale is void. Bennett v. Airington, 266 Pac. The purchaser, where bank holds purchase money pend­ 451 (Oklahoma). - ing the perfecting of the title by the seller. Foster v. Elswick, 4 S. W. 2nd 946 (Arkansas). Can fees be deducted from proceeds of reinvestment sale of Should title policy be issued as remainders? soon as partition sale is approved? Yes; such as fees of attorney, broker and guardian ad No; there is a right to appeal from subsequent order !item. In re Roosevelt, 228 N. Y. S. 323 (New York). 16 TITLE NEWS The American Title Association Officers, 1927-1928 - General Organization

Preeldent President, Guarant7 Title Truat Committee. The Vice Prealdent President, MIHIHlppl Abetraot, Walter M. Daly. Portland. Ora.. Company. of the Association la the Chairman Title and Guaranty Co. Prealdent, Title and Tru1t Com­ Executive Secretary of the Committee.I Donze! Stoney, San Francisco, Cal., pan7. Richard B. Hall, Kansai Cit7, Mo., Term Endinl' 1928. Executive Vice Preaident, Title Vice President Midland l.luildinir. J. W. Woodford. (the retlrlnir Insurance and Guaranty Co. president) Seattle, Wash•• Presi­ Term Endina 1929. Edward C. Wyckoff, Newark, N. Executive Committee J., Vice President, Fidelity dent, Lawyers and Realtors Title Henry B. Baldwin, Corpu• Christi, Union Title and Mtir. Guarant7 (The President, Vice Prealdent, Insurance Co. Tex., President, Guarant7 Title Co. Treasurer. Retirine President. and Fred P. Condit, New York Clt7, Co. Chairmen of Treasurer the Sections, ex­ Vice President, Title Guarantee J. M. Dall, Chicago, Ill, Vice officio, and the followinll' elected and Trust Co. Pree., Chicall'O Title and Trait J. Iii. Whitsitt, Nashville, Tenn., members compose the Executive M. P. Bousloir, Gulfport, MIH., Co.

Sections and Committees Ah1tractera Section Willis N. Coval, Indianapolis, Ind., Connecticut-Carlton H. Stevena, District No. 7: Vice President, Union Title Com­ New Haven, Secretary, New Ha­ Chairman, Jameo S. Johna, Pen• pany. North Dakota-Georll'e B. Vermil­ dleton, Ore., President, Hart• ven Real Estate Title Co. ya, Chairman, Towner, Presi­ man Abstract Company. Ralph Burton, Detroit, Mich., Vice Rhode Island-Ivory Littlefield, dent, .McHenry County Abet. Co. President, Burton Abstract and Vice-Chairman, Alvin Moody, Providence, Vice President, Title Minnesota-John B. Burke, Attor­ Houston, Tex., President, Texa1 Title Co. Guarantee Co. of Rhode Island. Abstract Company. ney, St. Paul, Guardian Life Lester E. Pfeifer, Philadelphia, Massachusetts-Francia X. Carson, Buildinir. Secretary, W. B. Clarke, Miles Pa., Title Officer, Chelten Trust Springfield, Vice President, Title Wisconsin-Julius Clt7, Mont., Preaident, Cuater Company. Insurance and Mtll'. Guaranty E. Roehr, Mil· Abstract Company. waukee, President, Milwaukee Jaa. D. Forward, San Diell'O, Calif., Co. Title Guaranty and Abat. Co. Vice President, Union Title In­ Title lnwrance Section surance Co. Dlatrict No. 2: Michl.ran-George R. Thalman, De­ troit, Assistant Secretar7,. Bur­ Chairman, Edwin H. Lindow, De• Pennsylvania-Pierce Mecutchen, trolt, Mich., Vice President, ton Abet. & Title Co. Committee on Cooperation Chairman Philadelphia, Title offi­ Union Title and Guaranty Co. cer, Land Title and Trust Co. District No. 8: Vice-Chairman, Stuart O'Melveny, Jas. P. Pinkerton, Chairman, Loa Anll'eles, Cal., Executive Philadelphia, Pa., Vice President, West Virirlnia-John D. Thomas, South Dakota-Fred Walz, Chair• Industrial Trust Title and Sav­ Wheelinll', Attorney, Wheelinir Vice President, Title Insurance Steel Bldir. man, Milbank. President, Con­ and Trust Co. ings Co. solidated Abstract Co. Secretary, Kenneth E. Rice, Chl­ Richard P. Marke, Jacksonville, Viririnia-H. Laurie Smith, Rich­ Iowa-Ralph B. Smith, Keokuk. cairo, Ill., Vice President, Chi· Fla., Vice President, Title and mond, President, Lawyers Title cairo Title and Trust Co. Trust Company of Florida. Insurance Corporation. Nebraska-Verne Hedire, Lincoln. John F. Keogh, Loa Anireles, Calif., Wyoming--Chas. Anda, Caaper, Title Examiners Section Vice President, Title Guarantee District No. a: President, Natrona County Ab· Chairman, John F. Scott, St. Paul, and Trust Company. Florida-0. W. Gllbart, Chairman, stract and Loan Co. Minn., 81' Guardian Life Build· Cornelius Doremus, Rldll'ewood, N. St. Petersburir, Secretary, Weat lnir. J., President, Fidelity Title and Coast Title Co. District No. 9: Vice-Chairman, 0. D. Roats, Mortiraire Guaranty Co. North Carolina-J. K. Douirhton, Kansas-E. S. Simmons, Chair· Sprinll'fleld, Masa., e/o Federal Theo. W. Ellis, Sprinll'fleld, Mase., Raleigh, Vice President, Title man, Topeka, Manairer, Colum­ Land Bank. President, Ellis Title and Con• Guaranty Insurance Co. bian Title and Trust Co. veyancinll' Co. Secretary, Guy P. Lonir. Memphis, South Carolina-Edward P. Hod­ Oklahoma-G. M. Ricker, El Reno, Tenn., Title Officer, Union and Sydney A. Cryor, Spokane, Wash., .res, Attorney, Columbia, Pal· Secretary, El Reno Abstract Co. Planters Bank and Truat Co. Attorney, Federal ·Land Bank. metto Buildinir. Colorado-Foster B. Gentry, Den­ Pro1ram Committee, 1928 Con· Kenneth E. Rice, Chicairo. Ill., Vice Georgia-Harry M. Paschal, At­ ver, Vice President, Republic vention President, Chicall'o Title and lanta, Vice President, Atlanta Title Guaranty Co. Trust Co. Title and Trust Co. Walter M. Daly, (The Prealdent) New Mexico-D. D. Monroe, Cla7- Chairman, Portland. Ore. ton, President, Clayton Abstract Judiciary Committee District No. ': Co. Edwin H. Lindow, (Chairman. Title Tennessee--W. S. Beck, Insurance Section) Detroit, R. Allan Stephens, Chairman, Chairman, Chattanooll'a. President, Title District No. 10: Mich. Springfield, Ill., Brown, Hay and Guaranty & Trust Co. James S. Johna, (Chairman. Ab• Stephens, Attorneys. Texas-R. 0. Huff, San Antonio, stracter1 Section) Pendleton, John Sietert, Utica, N. Y., Presi­ Kentucky--.J. W. Fowler, Jr., President, Texaa Title Guarant7 Ore. dent, Central New York Mort• Louisville. Counsel, Franklin Co. John F. Scott, (Chairman, Title ll'all'e & Title Co. Title Company. Examiner• Section) St. Paul, E. D. Dodge, Miami, Fla., Man­ Ohio--J. W. Thomas, Akron, District No. 11: Minn. ager, Dade County Abstract, President, Banker• Guaranty California-Morpn E. Larua. Richard B. Hall, (the Executive Title Insurance and Truat Co. Title Co. Chairman. Sacramento, Secre• Secretary) Kansaa City, Mo. Stuart O'Melveny, Los Angeles, Indinna-Earl W. Jackson, South tary, Sacramento Abstract and Calit., Executive Vice President, Bend, Secretary, Indiana Title Title Co. Committee on Memberahlp Title Insurance and Trust Co. and Loan Co. Utah-Alex E. Carr, Salt Lake City. Bruce B. Caulder. Chairman, Lon­ Oakley Cowdrick, Philadelphia. Pa., oke, Ark., President, Vice President, Real Estate Title District No. 5: Lonoke Insurance and Trust Co. Nevada-A. A. Hinman, Laa Ves­ Real Estate and Abstract Co. Louisiana-Lionel Adams, Chair• as, President, Title and Trust (The President and Secretary of Edward F . Doull'herty, Omaha, man, New Orleans, Vice Presi• Company of Nevada. each state association conatltute Neb., Attorney, Federal Land dent, Union Title Guarantee Co. the other members of Bank. thia com• Alabama--C. C. Adame, Birmlnir• Arizona--.J. J . O'Dowd, Tucaou, ' mittee.) Odell R. Blair, Buffalo, N. Y., hnm. Secretary, Alabama Title President, Tncaon Title lneur­ President Title la: Mortiraire and Trust Co. ance Co. Committee on Constitution and Guaranty Compan7. By-Laws Mississippl-F. M. Trussell, Jack­ District No. 12: H. P. Bousloir. Chairman, Gultport, son, President, Abstract Title r Miss., President, Miaaisslppl Ab­ Lecfslatlve Committee and Guaranty Co. Washinsrton-Hugo E. Oswald, Chairman. Seattle, etract and Title Guarantee Co. Mark R. Craig. Chairman, Pitts­ Title Officer, District No. 8: Puget Sound Title Ina. Co. C. A. Loewenberll', Syracuse, N. Y., burgh, Pa.• Title Officer. Potter Vice President, Syracuse Title Title la: Mortiraire Guarant7 Co. Arkansas-Elmer McClure, Chair­ Orell'on-R. S. Dart, Bend, Han• and Guaranty Co. man, Little Rock. President, &ll'er, Deachutea Count7 Abstract District No. 1: Little Rock, President, Little Co. Waltn C. Schwab, Philadelphia, Rock Title Insurance Co. New Jersey-Stephen H. McDer­ Pa., Vice President, The Title Montana-R. H. Johnson, Scobe7, - Compan7 of Philadelphia. mott, Asbury Park, Secretary, Mlssourl--C. B. Vardeman. Kanaae Monmouth Title and Mtir. Guar­ City, Vice Preoi

:Arkansas Title Association Michigan Title Association North Dakota Title Association Pr~sident, Will Moorman, Augusta. President, J. E. Sheridan, Detroit. President, George B. Vermilya, Towner. Augusta Title Company. Union Title & Guaranty Co. McHenry County Abst. Co. Vice President, F. ,F. Harrelson, Forrest City. Vice Pres., W. Herbert Goff, Adrian. Vice Pres., Wm. Barclay, Finley. St. Francis .,County Abstract Co. Lenewec County Abstract Co. M. B. Cassell & Co. Secretary-Tr easurer, Bruce B. Caulder, Lonoke. Treasurer, F. E. Barnes, Ithaca. Secy-Treas., A. J. Arnot, Bismarck. Lonoke Real Estate & Abstract Company. Gratiot County Abst. Co. Burleigh Co. Abstr. Co. - Secretary, A. A. McNeil, Paw Paw. Van Buren County Abst. Office. Ohio Title Association Califor nia Land Title Associat ion President, B. W. Sebring, Canton Eggert Abstract Co., C'anton, Ohio. President. E. M. Mccardle, Fresno. Minnesota Title Association Security Title Insurance & Guarantee Co. Vice-Pres., R. M. Lucas. President, C. E. Tuttle, Hastings. Guarantee Title & Trust Co., Columbus, 0. 1st Vice-Pres., W. P. Waggoner, Los Angeles. Caiifornia Title Insurance Vice-Pres., Albert F. Anderson, Detroit Lakes. Secy. Treas., George N. Coffey, Wooster. Co. Wayne County Abstract Co. 2nd Vice-Pres., C. J. Struble, Oakland. Secretary-Treasurer, E. D. Boyce, Mankato. Oakland Title Ins. & Guaranty Co. Blue Earth County Abstract Co. Scc.-Treas., Frank P. Doherty, Los Angeles. Oklahoma Title Association Merchants National Bank Bldg. President, Hugh Ricketts, Muskogee, Missouri Title .Association Guaranty Trust Co. Vice-Pres., President, T. S. Simrall, Boonville. E. 0. Sloan, Duncan Abstract Co., Cooper Gou n ty Abs Duncan. Colorado Title Associa tion t. Co. Vice Pres., J. A. Ryan, Chillicothe. Vice-Pres., Leo A. Moore, (N. E. Dist.) President. Donald B. Graham, Denver. Rynn & Carnnhnn. Claremore. Vice-Pres., • Title Guaranty Co. Secy.-Treas., Chet A. Platt, Jefferson City. R. E . Rutherford, (S. E. Dist.) ·vice-Pres., C. B. White, Golden. Burch & Platt Abst. & Ins. Co. Tishomingo. Jefferson County Abst., Real Estate & Invest. Vice-Pres., Addie Loftin, (S. W. Dist.) Co. Sayre. Secy.-Treas., John T. Morgan, Boulder. Secy.-Treas., J. W. Banker, TahleQ.uah. Boulder County Abst. of Title Co. Montana Title Association The Cherokee C'apitol Abstract Co. President, W. B. Clarke, Mills City. Custer Abstract Co. Oregon Title Association 1st. V. F lor ida Tit le Assoc Pres., C. C. Johnson, Plentywood. President, George H. Crowell, Albany. iat ion Teton County Abstract Co. Linn County Abstract Co. President, William Beardall, Orlando. 2nd. V. Pres., James T. Robinson, Choteau. 1st Vice President, B. !". Wylde, LaGrande Fidelity Title & Loan Company. Teton County Abst. Co. Abstract & Title Co. Vice-Pres., E. D. Dodge, Miam. 3rd V. Pres., Al Bohlander, Billings. 2nd Vice President, W. E. Hanson, Salem. Dade County Abst. Title Ins. & Trust Co. Abstract Guaranty Co. Union Abstract Co. Vice-Pres., 0. W. Gilbert, St. Petersburg. Sec'y-Treas., C. E. Hubbard, Great Falls, Hub­ Secretary-Treasurer, F. E. Raymond, Portland. West Coast Title Company. bard Abs tract Co. Pacific Abs tract Title Co. Secy.-Treas., Geo. S. Nash, Orlando. Nash Title Company. Pennsylvania Title Association Nebraska Title Association President, John E. Potter, Pittsburgh. Pres. Potter Title & Trust Co. President, F. C. Grant, Auburn. Vice-Pres., John R. Umsted, Philadelphia. Idaho Title Association Nemaha County Abst. Co. Con.-Equitable Title & Tr. Co. President, Joseph W. Fuld, Halley. Vice Pres. 1st Dist., Robert M. Walling, Secretary, Harry C. Bare, Ardmore. Plattsmouth. Merion Title & Tr. Co. Vice-Pres., O. W. Edmonds, Coer d'Alene. Vice Pres., (Northern Division) Panhandle Abstract Co. 2nd Dist., Leo. J. Crosby, Omaha. Treasurer, John H. Clark, Chester. Vice-Pres., A. W. Clark, Driggs. Vice Pres., 3rd Dist., W. C. Weitzel, Albion. Deleware Co. Tr. Co. (S. E. Division) Teton Abstract C'o. Vice Pres., 4th Dist., Joel Hanson, Osceola. Vice-Pres., M. L. Hart, Boise, (S. W. Divi­ Vice Pres., 5th Dist., E. E. McKee, York. South Dakota Title Association sion) Security & Abst. Title Co. Vice Pres., 6th Dist., J. D. Emerick, Alliance. President, A. L. Bodley, Sioux Falls. Sccy.-Treas., Tom Wokersien, Fairfield, Camas Secy.-Treas., Guy E. Johnson, Wahoo. Getty Abstract Co. Abstract Co. Hamilton & Johnson. Vice Pres., Chester E. Solomonson, MounU City. Campbell County Abst. Co. Secy.-Treas., R. G. Williams, Watertown. Southwick Abstract Co. New Jersey Title Association Illinois Abs t racttts Associa t ion President, Cornelius Doremus, Ridgewood. President, Cress V. Groat, Lewiston. Pres. Tennessee Title Association Groat & Lilly. Fid. Title & Mort. Grty. Co. 1st V.-Pres., William S. Casselman, Camden. President, W. S. Beck, Chattanooga. Vice President, Arthur C. Marriott, Wheaton. Title Guaranty & Trust Company. DuPage Title Company. West Jersey Title Ins. Co. Vice-Pres., John C. Adams, Memphis. Treasurer, Lee E. Powell, Morri 2nd V.-Pres., Frederick Conger, Hackensack. son. Peoples Tr. & Grty. Co. Bank of Commerce & Trust Company. Secretary, Harry C. Marsh, Tuscola, Secy.-Treas., Geo. W. Marshall, Memphis. The Douglas County Abst. & Loan Co. Secretary, Stephen H. McDermott, Ashbury Park, Bluff City Abstract Co. Monmouth Title & Mortfl Grty. C'o. Treasurer, Arthur Corbin, Passiac. Texas Abstracters Association Grty. Mort. & Title Ins. Co. Indiana Title A ssocia tion President, E. P. Harding, Wichita Falls, Central Abstract Company. I'rei:ddent, J. E. Morrison, Indianapolis. Vice President, Herman Eastland, Union Title Co. Jr., Hills­ New Mexico Title Association boro, Eastland Title Guaranty Co. Vice Pres .. B. R. Dinwiddie, Crown Point. Secretary-Treasurer, Queen Wilkinson, Wich­ Al lman-Gary Title Co. President, A. I. Kelso, Las Cruces. ita Falls, Central Abstract Company. Secy.-Treas., C. E. Lambert, Rockville. Southwestern Abstract & Title Co. Vice-President, Ira N. Sprecher, AlbuQ.uerQ.ue. Washington Title Association Bernalillo County Abstract & Title Co. Secretary-Treasurer, Beatrice Chauvenet, Sante President, F. C. Hackman, Seattle. r Fe. Washington Title Insurance Co. Iowa T itle Ass ociation Avery-Bowman Co. Vice President, Fred L. Taylor, Spokane. Northwestern .f'resident, D. G. LaGrange, Storm Lake. Title Insurance Co . Buena Vista Abstract & Mtge. Co. Secretary-Treasurer, Elizaeth Osborne, Ya­ kima. Vice President, Carl V. Batty, Boone. New York State Title Association Yakima Abstract & Title Company. ~ecretary, Frank N. Stepanek, Cedar Rapids. Linn County Abstract Co. President, Elwood C. Smith, Newburgh. Wisconsin Tftle Association Treasurer, Bess Klopping, Newton. Hudson Counties Title & Mortgage Co. Vice Pres. Southern Sec., S. A. Clark, 176 President, Julius E. Roehr, Milwaukee. Broadway, New York. Milwaukee Abst. & Title Grty. Co. Vice Pres. Central Sec., C. A. Dawley, Syra­ 1st V. Pres., H. M. Seaman, Wilwaukee. cuse. Syracuse Title & Guaranty Co. Security Abst. & Title Co. Kansas T itle A ssociation Vi e Pres. Western Sec., William W. Smith, 2nd. V. Pres., Agnes E. Benoe, Ashland. Preaident, Ernest McClure, Garnett. Buffalo. Buffalo Abst. & Title Co. 3rd. V. Pres., P. C. Zielsdorf, Wausau. White Abstract & Invest. Co. Treasurer, Fred P. Condit, New York. Treasurer, W . S. Rawlinson, Crandon. Vice Pres., Tom J. Bomar, Hutchin.son. Title Guarantee & Trust Co. Forest County Abst. Co. Hall Abstract & Tille Co. Secretary, S. H. Evans, New York. Secretary, John M. Kenney, Madison. Secy.-Treas., Pearl K. Jeffrey, Columbus. 149 Broadway. Dane Abstract of Title Co. -

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