13 THE SUNDAY "OREGONIAN, rORTLAN'D, JUXE 1, 1919. MORTGAGE Oil OWN PROPERTY HELD VOID Interesting Real Estate Case Decided by Supreme Court. LOMBARD SUIT IS QUOTED Slan Who Permits Tirst Mortgage ' on 1x3 ts to Secure Building loan Taking Some Chance of Loss. BT W. B. SHIVELT, Chairman Legal Committee Portland RealtJ Hoard. Is a mortgage to one's self on one's town property valii? And where an agent holds tne legal title to real estate In trust for the real owner, is a mort gage on that property valid which is executed by the agent in favor of said owner? This interesting question is decided bv our supreme court in- the case of Lombard vs. Bietau. 90 Oregon. 174 Pac. 1164. In that case the facts were that the plaintiff, Lombard, being the owner or certain lots in Portland, sold the same under contract to one Peake with the understanding that Peake would erect a residence on the property at once. Lombard retained a. lien on the premises for the balance iue o-n the sale price, 1S90. payable in installments. It was agreed between the parties that Lombard would post pone his lien of $1S90 in favor of a building loan of $3750. to be placed on the prooerty by Peake. For the convenience of Peake, Lom bard conveyed the legal title to the property to one Bietau, who was Peake's agent. Bietau then executed s first mortgage on the property of $3750 in favor of Peake, and a second mortgage of $1890 in favor of Lombard. It was the agreement that Peake should then negotiate the first mortgage of J3750 and thereby obtain the necessary funds to complete the building. Peake, however, built the dwelling without ne gotiating the first mortgage, but about two years thereafter borrowed $1000 from one Good and assigned to Oood the $3750 mortgage as collateral se curity for tho $1000 loan. During all this time Bietau held the legal title to the premises. Second Mortgage Foreclosed. Finally the payments on the second mortgage in favor of Lombard became delinquent. Lombard then brought suit to foreclose his mortgage, claiming it to be in effect a first lien on the prop erty for the reason that Peake had not used the proceeds of the first mortgage for building- purposes, as agreed. Peake and Bietau answered Lombard s complaint, claiming that Lombard's mortgage was only a second lien and that the $3750 mortgage was prior thereto. In passing upon the case the court held that Bietau had no personal inter est in the property, but held the, bare legal title to the property as Peake's agent in trust for Peake. who was the beneficial owner; that in equity (this being an equity case) Peake was the real owner of the property and that in asmuch as Peake was the real owner, the $3750 mortgage made by Bietau in favor of Peake was in reality a mort gage made Peake to himself on his own property; that therefore the $3750 mortgage, as to Lombard, Bietau and Peake was absolutely null and void, and that no assignment of the mort gage from Peake to others could con vey any equitable right except only when made to an innocent purchaser for an adequate consideration and with out notice. Innocent Pnrchaier Protected. The court further held that Oood was an innocent purchaser of the $3750 mortgage, but that having loaned thereon but $1000, he was only entitled to recover that sum with the agreed interest and no more. The decree of the court therefore was that Good had a. first lien on the property for $1000 and that Lombard's mortgage was a second lien on the property, subject only to the Good claim of $1000. . Jt may be inferred from the forego ing decision that the device adopted by Peake to finance his building opera tions would have been enforced by the court if the agreement bad been ac tually carried out as the parties in tended. It conclusively appears, how ever, that a mortgage to one's self on one's own property even though exe cuted through the medium of an agent, is absolutely void except as to bona fide purchasers for value and without notice. ELECTRICAL DEALERS TO HELP Blembers of Association. Assist in t "Own-Your-Home" Campaign. The "Own-Your-Home" campaign has been given material aid by the mem bers of the Oregon Association of Elec trical Contractors & Dealers, through action at a meeting in the Imperial iotel. Desiring to do their share- towards furnishing employment for returned soldiers and to relieve the shortage ot dwellings for working people, they have offered to install electric wiring for lights at rates that are ordinarily lets than cost. Anticipating that there will be a considerable volume of house wiring work, they have eliminated from their prices a certain percentage of the customary overhead expense and are giving this to the cause. This is considered by the managers ef the "Own-Your-Home" campaign to be a very generous offer by the elec trical contractors and is much appreciated. CERTAIN GARDEN PESTS HAVE STRANGE FONDNESS FOR MAN Wherever Humanity Migrates, There Will Be Found the "Social Weeds," Plantain, Knot-weed, Dog Fennel, Etc F 7 1 prior to that at the Brownsville mill and the Dallas mill. The memory of Mr. Worsley seems to be perfectly clear on many of the points not heretofore made plain. Mr. Wors ley says; "My father, John Worsley, came from Philadelphia in 1863 to in stall the machinery and superintend the Brownsville mill. This was the second woolen mill to be started in Oregon. He secured as operators and brought with him from Philadelphia Thomas Kay, David Dalgleish. Johnithan Hill. James Kennedy, Squire Farrar and Thomas Anderson. These men were all experts and had been associated with my father in Pennsylvania and New Jersey. "John Worsley left Brownsville In 1865 and went to Salem, where he as sociated himself with Judge Reuben P Boise and went to Dallas. Polk county. where with William Brown, James Im- bree. Frank Nichols and others they or ganized tho Kllendale Woolen Mills company. The mill was located on the Rickreal, three miles from Dallas, on the farm of Judge Boise. The site was named Kllendale. after Judge Boise's wife, Ellen. Father- installed the ma chinery and had charge of the mill until April, 18t8, when he went to Wasco county and organized The Dalles Wool en & Worsted Mills, with Dan and Josh French, George and Ben Snipes. Henry Marlin, William P. Joslin and Z. Don nell. Father installed the machinery and was superintendent for a number of years. "We renounced the woolen mill busi ness In. the early 70s and took other avocations. Father died at The Dalles in June. 1874. "The Brownsville mill and the Dallas for Kllendale) mill were destroyed by fire: I have no recollection of what be came of the machinery of the mill at The Dalles." That letter upsets some theories about the early woolen mills and estab lishes facts hitherto in doubt. Prob ably others, reading Mr. Worsleys let ter, will come to the aid of The Orego nian and help in eventually making a complete record of the mills up to date. (The ninth article will appear next Sunday.) BT HELEN M. GILKEY. Assistant Professor of Botany, O. A. C CERTAIN weeds seem to have an al most animal-like fondness for man's company, following him wherever he migrates and springing up along his trails and in his dooryards. Where man is found most they flourish best, apparently willing even to be trampled into the dust for the honor of his company. Such plants, called "social weeds," are commonly repre sented by plantain, knotweed and dog fennel. Plantain, indeed, was called by the Indians the "white man's foot," because of its unfailing habit of ap pearing upon the trail of tho English settlers. One of the most faithful and at the same time most unwelcome of the social weeds is dog-fennel (anthemls cotula), ragged, ill-smelling and wholly useless. No animal will eat it, and its acrid Juice, which scalds the flesh, makes it particularly undesirable in fields where direct contact with it is necessary. Farmers of the olden time when grain was harvested by hand cursed the weed which burned their arms, hands and feet and made "bearing the burden in the heat of the day" a doubly irksome task. Plant Admired at Distance. Dog-fennel is perhaps too well known to require description, but the follow ing points may serve to distinguish it from' several somewhat similar mem bers of its family. The weed grows from 6 inches to 3 feet in height and branches freely, often at an angle of nearly 90 degrees, which gives it a broad-topped, sturdy, tree-like appear ance. The stems are stiff and ridged, the leaves are very finely dissected into short, slender segments, and the blossoms resemble miniature white rayed daisies with yellow, cone-shaped centers. The plant is not unattractive in appearance, but is usually admired only at a distance, even by little chil dren, who are generally open-hearted enough to love anything that is a flower. A few experiences of rubbing the weed juices from their fingers into their eyes are sufficient to teach them that distance lends enchantment. The weed is an annual, sometimes a winter annual. It germinates in the fall and the resulting plant lives over the winter, flowering and forming seed very early the next season. It propa gates by seeds, producing a large num ber which are hardy and readily germi nated. They form a frequent impurity of grass and clover seed and are easily distributed In this way. Pest May Be Eradicated. The plant' will grow in practically any soil and may become troublesome in almost any crop. As with other an nuals, the remedy is simple in theory. If the plant is not allowed to ripen seed it can be eradicated in one season except for the few aeeds which have remained ungerminated in the soil and which can be easily destroyed as they develop from time to time. In practice. if a field is badly infested, the process of extermination is not wholly simple but the results of one's labor are worth while. "The dog-fennel, being an annual, is not difficult to get rid of," says B. F. Sheehan of the farm crops department. "It requires careful attention and never should be allowed to become estab lished. Destroy the young plants before- danger of their maturing seed. Cutting off the plant after they are well up will check seed development. "In grain fields the crop may be re lieved of crowding by harrowing early, before the seedings are well established. "Careful preparation "of the seedbed will get many of the young plants. Xo foreign growth should bo present when planting Is done. OREGON CITY WOOLEN MILL THIRD ESTABLISHED IN OREGON Judge Chester T. Miller, of Asotin, and Ben S. Morsley Give Interesting Facts of Oregon Woolen Mill History. News in The Oregonian Reaches Far in World. Owner of Mayflower Heirloom Gets Letter From Hawaii. OREGON CITY. May 31. TI.J old world isn't so large, or else the newspapers cover much of the world, for a recent article in The Ore gonian has brought a number of let ters to the home of Mr. and Mrs. TV'. E. Blossom of this city. ThlB was con cerning a cane, an heirloom In the family of Mr. Blossom, and came over in the Mayflower. A letter dated May 6, and written by Dr. J. Christopher O'Day of Hono lulu, Hawaii, is as follows: Mr. W. E. Blossom. 611 fcenter street. Ore gon City, Or. Lear Mr. Blossom; I have juat read In The Oregonian the little notice of your receiving the heirloom cane of the Blossom family. 1 can hardly tell you the many, many things this brought to my memory, but that which should be of interest to you, I will 'take time to tell you. When I was a very young boy my father ras one of the pioneers of the oil Inaustry of Pennsylvania. The opening of the Bing ham lands In McKean county was Immediate' ly followed by a rush Into the wilds of north western Pennsylvania. My family was with the first and soon a new town sprung Into being. This town took its name from a nearby settler. Daniel Hew, and was called Rew City, la due time a postoffice. then a narrow gauge railroad, and with the opening of the surrounding lands for oil prospectors and a telegraph office were established. To me, as a boy, fell the honor of being the first Western union messenger Doy or tne new town. Even today my memory holds the names of the many prominent men to whom I de livered telegrams. Your brother. H. S. Blossom, ho had opened up a ffract some three or four miles distant irom the town. As I am writing this 1 vividly recall my old delivery book, upon which your splendtd brother'many-tlmes receipted the deliverance of a "dispatch." That was the name in those daya On one occasion I had to deliver a message to bim late In the evening. His wife, whom I remember as a very refined and cultured M Jm TRHTHPl!! AFlVFRTKINR Thla tor satisfies the people through Its unprecedented "Ov I nU I nrUI. MU 1 Ln I lOlllO values, truthfully named. Sincerity is our chief business policy. YiSL VJ So-Called Smart Piano Selling Practice &J BY ADDISON BENNETT. (Eighth Article.) 1 THERE is an error In the first sen tence of my seventh article, which appeared in The Oregonian a week ago. The mill established at The Dalles was not the third one to be started in Oregon. Tho Oregon City mill was the third. There has been some doubt about this, but I think I have this order now clearly established, as I will show further on in this article. And in a strict sense to Brownsville belongs the credit for the fifth mill as well as the second; but I have treated the various mills at Brownsville as the same mill, as after the fires at least some of the property was saved, and partially the organization practically wa3 the same. In my last article I stated that I would in the next article give an ac count of what happened to the ma chinery of the old mill at The Dalles. I stated that Ben Snipes took it for debt and then sold it to tome parties at Dayton, Wash. I have received a very full account of tho matter from Superior Judge Chester F. Miller of Asotin. Wash. His recollections are very clear about the matters, except that he does not give the dates closer than the year in which the events occurred. The judge's letter Is so clear and comprehensive that I will quote it in full: "The Dayton Woolen Mills company was organized in the summer of 18 by V. G. Frary. a practical woolen fac tor who came from Indiana. He first I endeavored to organize a company at Walla Walla, but was unsuccessful, and then came on to Dayton, where he soon succeeded. S. M. Wait was president and ' F. G. Frary, secretary and man ager. Tho other stockholders were Jesse X. Day. Winnett brothers. William Matzgar and A. 11. Reynolds. These parties were all residents of Dayton ex. cept Reynolds, who was a resident of Walla Walla. "John Mustard, one of the proprietors of the original townsite of Dayton, do nated several acres of land to the com pany, a building was erected and a two point mill was soon running, the ma chinery coming, as I understand it, from The Dalles. "Twenty-five to 30 hands wero em ployed and the mill was a paying in stitution until 1877. when it closed. In the spring of 1879 S. M. Wait and J. N. Day purchased the stock and re-opened the mill under the rrranagement of S. G. Frary. It waa not run at a profit and was again shut down in 1880 and re mained closed until tho fall of 1882, when W. H. H. Fouts, J. G. Bonnett and D. T. Rogers, practical woolen mill men from the Oregon City mills, purchased the plant and ran it successfully until tho spring of 1885, when the buildings, stock and machinery wero all destroyed by fire." It was certainly very kind in Judge Miller to send these facts to The Ore gonian to the end that the information might become history. I have recently received another very illuminating letter from Ben S. Wors ley, the son of John Worsley and broth er of William Worsley. all of whom were employed at The Dalles mill, and BEAUTIFUL HOME OF DR. GEORGE PARRISH PURCHASED BY HOQUIAM LUMBERMAN. 1 1 X -iVf- i . '- :. Vv ---Jt ?V' 1 : ' w.---.:; 'SC '' - ' - W - r "ft.- c K, - ?K.t.'iaK-j3: v . . ... .t W N r.Z'i W"" --5- -'Z . .3- -at,.! - i .. V r- jr.. .. J Photo by Columbia Studio. View f Ttve Acres. renldenee and srroanelsi oimei Tay Fortlantfl'n cltr liealtlt officer. Jnst purchased for S30,000 Tsy . J. Blagen, of Hoqulam, former Portland resident. The sale was made through R. 11. Torrey of the Fred A. CcobB companx. ..... - U ' 1 ; - V ; i f "Aft -'JW-i'. UnA sTsnaVaWBsH II tr I X ta 1 V. K. Blossom holtllnsr cane that was broaght e r in May flower. littln monU prepared a little to eat for the hungry messenger. While engaged, your brother asked me. ""Johnny, do you know anything about the Mayflower? ' After tell lng him what little I knew of it and the wonderful people it brought here, he then told me of the first of the Blossom family, who were with them. Then going Into an adjoining room he returned bearing the very vane that is yours toda.y. The past eight yearn I have been living In Portland. Am very well known there, and expect to visit that city the coming summer, It will be .mighty good to meet you, for your splendid brother made himself a prlnee to my boyish fancy, and It Is my opinion that the fancies of boyhood are nearly correct. Sincerely yours. J. CHRISTOPHER O'DAY. It was also through the columns of The Oreponian when the article ap peared, that the broken piece from the cane has been found in the east. The cane recently came into posses sion of Mr. Blossom of this city. It first came into the possession of Reuben Blossom, great-grandfather of W. K. and II. S. Blossom, then in the possession of Nathan Blossom, their grandfather, and at the time of hi death. K. I. Blossom, father of W. K and H. S. Blossom, became the owner. Upon his death, II. S. Blossom, W. K Blossom received the cane and which he highly prizes. At the time that Nathan Blossom owned the cane it was broken and a handle of ivory was placed thereon. The original length was five feet, but since it became broken, is of ordinary length. PLANES ASSURED' ASHLAND Rose Festival Aviators to Give Ei- liiultlon in Southern Oregon. ASHLAND, Or., May 31. (Special!) Representatives of the Aero club of Oregon have riven their assurance to Ashland that the airplanes which have been assigned to participate in the Vic tory Rose Festival at Portland next month will stop hers for an exhibition flight. The landing; field selected is the Frank Walte tract across Beaver creek and facing- Ashland. It will be cleared and marked ln time for the com ing- of the aviators from Mather field. It is also arranged that the planes win remain nerf ror participation In th" Fourth ct July celebration and round-up, July 3, 4 and 0. So-Called Smart Piano Selling Practice It is one of the old-time western peculiarities of the peoplo on the coast that to resort to misapplied truth-breakinps is smart practice, and that it in reality carries nothing- wronsc in its utilization but it truth be urged the salesman, would soon find that it is far better to sell by telling the truth. Constructive and Educational Salesmanship wins out ajralnst the old-time scheme-salesmanship correct grading and correct pricing one price and that the lowest cash price- has won out for tho fchwan runo Co.. where the second generation of piano buyers is now being added to their regular lino of patrons. It the son or tho daughter or the niece whose parents or uncle purchased one of the Steper, Reed & Sons. Mincer, Thompson or other makers' pianos, and then tho second generation is determined to have a piano like father's or uncle's, who have been co well pleased, so greatly satisfied with the piano or player piano purchad at tiia Schwan Piano Co. years ago, which the second (feneration, must have will have it must be a Steger, Reed & Sons. Sinaer or Thompson Piano or player piano in use with the first generation for many years pat. This is due to correct grading, pricing and celling. You are not willing to pay Mr. High Price $450 when you can buy same quality piano here for $337, or 75u for a player piano Quality that you obtain at the Sohwan Piano Co. for Srfi2. or 253 less on all new improved 1119 models at a saving of a-1 u all v $112.50 or $1S7.50 in money, in cash. At the chwan Piano Co, therefore, 70c grow into dollars. Pnrrlia-a' Six Rmrdi for ..lo. Ton Pvrchaw 13 Records for 10.20 and we send to your home either model : ' 520.00. 1 si $450 Model $337 1S Coan. 10 Monthly. S475 ,ioTe, $356 1! r - t I "- Vjiii i tsh. ll Monthly. f ? r l JSRn50" I J I I VW"'U Weekly. wMWa'a P - il $500 M, $395 . N. iisiMj . 35 Cash, 13 Monthly. . W f . -Ll. $650 Moie, $487 .$60.00 ?Kewr.- 950 c'"" " Mwfc,y- $797 eon nn t.oo $750 Model dOO Cash, so Monthly. iin Motlrl 8SO Cash. C17 Monthly. ton nnn-n JOU.WU weekly. USED UPRIGHT PIANOS $73. $133, $163. S215. $243. $283, Etc, $13 Cash. $6 Monthly. PAHLOIl OllitS S23, S30. S4S, Kite, SIO Cash, 3 Monthly. DOIjn? or other securities taken In part or full payment of pianos or player-pianos during wnxw mis sale, as also your old piano, organ, phonograph or city lot, by our Real Department. Wi'l you be one of the fortunate ones to share in this great money-saving Vn D Bllllin nv Ml" atndy and compare oar quality, prices Md V1IUI.II IVUII I irtllW Ul IliniU advertised and yon will team why we have hundred. nwi-orner Duyerm. inr ooy or rlrl vorkln: can ?ave rash and SIO rnonthlv. ana tfrur. a ehi-ailon now Ol'T-OK-TOWN 111 VERS VK PREPAY AND MAKK KB ItLll;r PIAXO TO VOIR HOMK within 200 ml In. ami the phtno be nhipped aubject to exc U'ttmn otiM Var. we lllowlnr th f till iniAnnt nniil. THim vlrtunllv riv.. vnn a in. -v.. - tr ot the ptano ou order. Kvery piano or player-piano purchased carries with It the Schwa rlano (o. guarantee or satlsfHtt,n. aa alo the usual Guarantee from each raanuiacturer of these new musical instruments. ODeu Saturday evntnas. Maaitarturrra' WARRtNTCK lt.. W 11" " ' 'M! - ? v. . toast Distributors, 111 I onrth at W itribntars, f 1 . T f .Vinbchwanrianolo. Estate event? fA-"! rma na I o) 1 IY Ol V. f.' hnti VV -r B AC KED BY M-Y MILLIONS IS CAPITAL DR. PflRRISH SELLS HOME FTVE-ACRE TRACT IX IRVIXGTOX BOrCHT BV S. BLADEN. Xew Owner Will Build Larger Resi dence and Landscape the Prop erty, Is TteporU "Five Acreo." the beantlfnl home of Dr. Georg-o Parrish, city health offi cer, on East Thirty-third street between Tillamook and Thompson, was pur chased last week by N. J. Blagen. lum berman of Hoqulam, Wash, for $30,000, all in cash. Mr. Blagen and hij family wlll take immediate possession. While not in Irvlngton proper, the site of "Five Acres," which covers a space equal to about four Portland city blocks, adjoins the best developed por tion of that residence section. The home itself Is built in the bungalow style of the southern California type. It is one of the first of this type of residences to be built in Portland, and contains eleven rooms. It is handsome ly furnished. The -grounds of "Five Acres" are among: the most attractive in the city. The beauty of the original trees on the place has been enhanced by the plant ins; of shrubbery and flowers. There also are fruit trees on the place. Mr. Blagren, it is understood, will build a larger house and . landscape the prop erty. Mr. Blag-en is no stranger to Portland. He was a builder here for many years, and not only constructed some of the city's finest residences, but such fa mous structures as the White temple, the plant of the Portland Flouring mills here and a similar plant at Tacoma Twenty years ago he became interested In lumbering in the Grays Harbor coun try and moved to Hoqulam. He now owns there one of the largest and best equipped lumber mills on the coast. The sale of "Five Acres" to Mr. Blagen was made through R. H. Torrty of tho Fred A. Jacobs company. A large clock to be placed in the Li brary building as a memorial of the 1919. class of O. A. C. will be formally presented on class day. The marble dial will be two feet in diameter, the hands and numbers of bronze. The numerals, " '19," w ill be placed on the face. 1919 Class to Present Clock. OREGON AGRICULTURAL COL LEGE, Corvallis, May 31. (Special.) BEAUTIFUL DUTCH COLONIAL HOME IN IRVINGTON SOLD. a. Realdenee of C. It. Hamilton. Portland district manager for the Standard OU company, recently promoted to n similar poaltlon In Lw Anarelea, pnrehaacd last week by R. I Brnelcett, of the Creseeat Paper company. The honae la at 743 Clackamas street aad is considered the beat example of Dnteh colonial architecture In Portland, The sale naa made hr XL T. Street, Irving ton agent. R0SEBURG FRUIT CROP BIG Umqna Valley Inspects to Snip 1 0 0, 00 0 Boxes of Apples. HOOD RIVKR. Or, May 31. (Epe. cial. ) The Umqua Valley Fruit union of Roseburg will ship 100,000 boxes of apples, compared with 30,000 last year, says R. H. C. Wood, manager of the sates organization, who arrived this week to make a study of community packing houses at Hood River. Mr. Wood, formerly a local resident and first manager of the Hood River tele phone system, says his concern is plan ning to erect a large packing houfe. A cannery will also be erected at Rose burg .to handle the annually increasing fruit products- "We are just beginning in a horti cultural way in the Umqua Valley." saya Mr. Wood. "We set greater etoro by our prunes than any other fruit. Our prunes are world beaters." 1919 "Mascot" Best Ever. HOOD RIVER, Or.. May 31. (Spe cial.) "The Mascot," the annual publi cation of the Hood River high school. Is being distributed. It is declared one of the best annuals ever issued by the school. The staff of the 1919 "Mas cot" was: Myron Ho5t. editor; Helen Brosi, associate editor; George Samuel, business manager; Morton HonneywelL, circulation manager; Ray Slaven, ath letic editor: Louiae von der Ahe, society editor: Frank von der Ahe. jazz editor; Susan Rodwell and Helen Hershner, reporters, and Principal W. R. Bailey, faculty adviser. Sunday to Preach .Van i u . HOOD RIVER. Or.. May 31. CSpe clal.) Rev. Billy Sunday, who filled the pulpit at the big church last Surs day. will preach again tomorrow at the Congregational church. Mr. Sunday, while he has declined several invita tions to deliver addresses away from Hood River, because of the exertion of traveling from home, haa offered to help the local people, whose paator. Rev. M. L. Hutton, was forced to leave recently for & aouthtrn clime because nf poor health. V v4