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About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (Sept. 21, 1919)
12 TIIE SUNDAY " OltEGOXIAN, PORTLAND, SEPTEMBER 21, "1919.' LAW Oil DEEDS IN ESCROW IS DETAILED Supreme Court Decisions Are Held Ample and Clear. CASES IN POINT ARE GIVEN Instructions Must Be Followed Im plicitly, Violations Render ing Deal Void. BY W. B. EHIVELY, (Chairman Legal Committee. Portland Realty Board.) Where a deed is put in escrow to be delivered upon the payment of a sum of money or performance of some con dition, and the deed, through inad vertance, mistake, fraud or the like, is delivered without the payment of the money or the performance of the con dition, does the deed pass good title? The foregoing question has been an swered in the negative by the supreme court of the state of Oregon on many occasions. In the case of Foulkes vi Seng Ttacken, 83 Or. 118. 158 Pat 952. 163 Pic. 311. the supreme court said that "the general rule is that the. instru ment deposited does not become a deed and operate to convey title . . . until the performance of the condi tion." In the case of Tyler vs. Cate. 29 Or. B15, 45 Pac. 800, it was held that while no specific formalities are- necessary to constitute a delivery of a deed -"it is essential that the grantor must con sent either expressly or impliedly that the deed shall pass irrevocably from his control." Rights of Grantor Stated. And, it was further held that the grantor has the right to say under what conditions the deed shall be de livered and the title pass. In that case a deed was duly signed and executed and placed in escrow with instructions that it was to be deliv ered when a certain mortgage was executed. The deed was ultimately de livered to the . purchaser without the execution or delivery of the mortgage. The purchaser subsequently sold the premises to another who claimed the right to the premises under the record ing acts as a bona fide purchaser. In holding the deed void the supreme court said: "It would seem that where a deed deposited as an escrow is ob tained without performance of the conditions, by operating upon the fears or' credulity of the depositary, or by fraudulent collusion with him, or by other undue means, it bears a close analogy in principle to the case of a forged or stolen deed ... no title passes whatever, and a subse quent purchaser is not protected. . . .A deed deposited as an es crow is nothing more than a mere scroll until the condition is fully per formed or the contingency happens upon the faith of which it was de-, posited; and. this being so. no delivery of the scroll prior to that time with out the grantor's consent could give life to the instrument, or convey the title to the grantee or purchaser un der him." Portland Cane Cited. In the case of Sharp vs. Kilborn. 64 Or. 371, 130 Pac. 735. the facts were that the seller of a piece of property forwarded his deed of conveyance to a bank in Portland with written in structions to the bank to deliver the deed to the purchaser upon the pay ment to the seller's order of $625 in cash. The purchaser went to the bank in question where he had an account, his balance being in excess of $625. and drew a check on the bank in the bank's favor for the amount stated; the bank accepted the check and delivered the deed to the purchaser, who placed it of record. The bank did not remit the money to the seller, nor did it charge the amount of the check to the purchaser's account, but held the same for four days and then closed its doors and failed, whereupon the seller instituted suit against the purchaser to cancel tJie deed on the theory that the pur chaser had obtained the deed from the bank without paying the purchase price. The purchaser resisted the suit, claiming that the purchase price had been paid as above stated. In passing upon the question the supreme courT pointed out that no cash had actually been paid to the bank and held that the bank could not rightfully deliver the deed so as to bind the seller unless it had first received the amount of actual cash named in the instruc tions forwarded with the deed, laying down the principle that the delivery of a deed in violation of the terms of the escrow passed no tile. The deed was thereupon cancelled. H'rons Instructions Given. In the case of Bradford vs. Durham. B4 Or. 1. 101 Pac. 897. a deed had been deposited in escrow with a bank with instructions from the seller to deliver the same upon the payment of $100. The purchaser went to the bank with the seller's son, the son stating to the bank that the deed could be delivered upon the payment of $10. The bank thereupon delivered the deed. Thereafter the seller brought suit to quiet the title to the property, claim ing that the deed w-as void for the rea son that it had been delivered con trary to instructions; the buyer de fended, citing the son's act in author izing the delivery of the deed; the seller testified at the trial that he had never given his son the right to authorize the delivery of the deed for any sum less than $100. The buyer being unable to submit any proof to the contrary, the supreme court held that the deed passed no title. From the foregoing cases It is ap parent that escrow instructions must be implicitly followed, as a deed deliv ered in violation thereof is void and does not pass title. As said in the case of Telschow vs. Quiggle, 74 Or. 105. 109. 145 Pac. 11. such a deed "would be of no more force than one with a forged signature." TEX NEW BCXGALOWS PLANNED Tj. W. Densmore to Build on Royal ' Avenue in Mornlngside. Tj. W. Densmore. formerly of Ind anapolis, ind., is planning the immediate erection of ten bungalows on Royal avenue in Morningside, according to the announcement made by J. L. Hart- man company, agents for Mr. Dens more. The cites for the proposed bungalows overlook the valleys and mountains and are dotted with fine shade trees. The plans for the buildings have , been drawn by Mr. Densmore himself. The cost of construction will range from $4000 to $6000 for each of the proposed buildings. PLANT TO RISE AT LIXNTOX Associated Oil Company to Spend $150,000 in Improvements. Construction and installation work totaling an expenditure in Linnton and Portland proper of approximately $150.- 000 is included In this year's pro gramme of the Associated Oil company. Of this amount about $77,000 is to be used in the erection of a new oil plant at Linnton. The company's construction work in Portland comprises the installation of a number of service stations of the latest design. , Work on these has been in progress for some time and they are now practically completed, according to Manager Parker. ' The Linnton project is to be com menced within about two weeks and it is hoped to complete It by tne first of the year. The plant will be built on a 10-acre tract of land owned by the company. It will include the following: Retaining wall, $15,000; four residences. $12,000; bunk house, $4500: gauging tank house, $3000; loading shed, $3000; warehouse and office, $35,000; garage, $10,000; fence. $3000. HOME PRODUCTS DRIVE XEAR Portland Realty Board-to Start Ac tive Campaign. An active campaign for the boosting of -Portland products is to be opened by the Portland realty board some time in the near future, according to announcement made by J. W. Crossley. secretary of. the board. The campaign will include a series of addresses which will be given at regular meet ings of the board. "The realty board feels that the In- NEW BUNGALOW ON ALAMEDA - ....... ....J - BUILDING WHICH IS OXE OF SEVERAL SOLD BY jr. I- IIAHTMAX COMPANY FOR I- W. DENSMORE. Among the sales registered during the past week was that of a beautiful little bungalow on Alameda drive, facing Fifty-third street, which was purchased by G. L. Dougherty of the Northwest Auto company from L. W. Densmore. The deal was negotiated by J. U. Hartman company. The consideration was in the vicinity of $8000. The bungalow is one of the most attractive in that section and is finished in old Ivory. The garage at one side of the building Is an attractive feature. terests of the manufacturers of Port land are Its interests," said Mr. Cross ley, "and we hope to make ourselves a factor in spreading the trade-at-home doctrine." The realty bourd has announced that manufacturers and business men of the city may become affiliate members of the organization. No initiation fee is charged for such members. A personal effort to get new mem bers among the realty men of the city is now being pushed by Mr. Crossley and six new names were enrolled dur ing the past week. The board now has 500 members. WORK DN ROAD WEARS END EAST SIDE LIXK MAY BE ALL PAVED TOMORROW. Section, on Oregon City-Portland Highway Soon Will Be Opened to Traffic. OREGON CITT, Or.. Sept. 20. (Spe cial.) The outstanding feature of the work being done by the county road crew is the announcement of the pros pective completion on Monday, Septem ber 22, of the paving being done on the East Side river road in Gladstone. When this stretch of pavement is set sufficiently to bear traffic the road will be opened and traffic from Oregon City to Portland will be permitted to make use of the new link, which com pletes the hard-surface pavement be tween the two cities. The rock crusher located near Baker's bridge is furnishing material for paving the road along the south side of the Clackamas river from Baker's bridge, connecting that point with the Clackamas Bottom road, and this work will be completed in about two weeks. Scarifying and smoothing of several miles of roadway in the Molalla dis trict was started several days ago, and one of the big caterpillar tractors owned by the county has been sent to that point to smooth'and roll the loos ened gravel and put the roads at that point in good shape before the fall rainy season. The work of macadamizing the Lo gan road above Baker's bridge will be practicaly complete after approximate ly two more weeks' work. The crusher outfit near Sandy will begin operations Monday to furnish material to repair a bad stretch of roadway about a half mile in length on the main highway to Mount Hood. which has caused a considerable amount of inconvenience to motorists during the past season. It is expected that this work will be completed in three or four weeks. $100,000 STRUCTURE TO GO UP Plans for Mitchell, Lewis and Stavcr Structure Filed. Plans for the erection of a new $100. 000 building at 74 North Broadway, be tween Everett and Davis streets, to be occupied by the Mitchell. Lewis & Sta ver company, were filed Friday by Houghtaling & Dougan. architects. The new building is to occupy more than a quarter of a block and is to be four stories in height. The floor di mensions will be 100x120 feet. The contract for the erection of the building has been let to George Isack son. . The basement of the proposed struc ture will be used by a heating plant, the first floor will be occupied by the salesrooms, the second by offices, the third by stock storage and the fourth for the assembling and repair shops. The Mitchell. Lewis & -Staver com pany is at present located at East Sec ond and East Morrison . streets. The company deals In farm Implements, automobiles and wagons. DEATH BATE BY PROPER D HOUSING Unsanitary Conditions Cause of Disease and Crime. NEW YORK HELD EXAMPLE Dr. James II. McBrlde of Pasadena Declares Race Xot Gaining in Physical Stamina. An appeal for legislation making for proper housing to develop a strong and robust citizenry, inasmuch as the fu ture control of the world will rest with the strongest race, featured a paper prepared by Dr. James H. McBride of DRIVE PURCHASED BY AUTO COMPANY. G. L Pasadena, Cal., member of the Califor nia state commission on immigration and housing, which was read by Fath er E. V. O'Hara before a meeting of the Portland Housing association Tues day night at Library hall. Dr. McBride cited figures to show that housing legislation In New York city had lowered the death rate. Cood Hones Lower Death Rate. "In every city in the world where sanitary homes have been provided for the workers, the death rate has been lowered," he said. "New York fur nishes an illustration of what hous ing laws may do in improving the pub lic health. The first tenement house law of New York city was passed In 1867. At that time the death rate was 35 per thousand. Five laws have been passed down to 1910, each law more stringent than the, previous one, and the enactment of each resulted In a reduction of the death rate. It slid down from 35 per thousand through 26. 22, 19.6. 16.4. and in 1916 was still lower, 15 per thousand. In opening his paper Dr. McBride declared that man Is naturally an out door "animal" and that he was still trying in a bungling way to adjust himself to the complex conditions of civilization. He said that from the viewpoint of physical stamina, civilization had made a sorry failure of its care of the race, for if knowledge of wild men. Is an in dication of the kind of men that pre ceded civilization. Instead of gaining, men have lost in physical vigor since they have lived In houses. "There are numerous indications that the race is not gaining In physical stamina, in ability to stand the in creasing stress and adverse conditions of civilized life," he said. "There are many causes for the physical degener acy that is seen today, but one of the chief causes is the houses men live in and the general conditions that are connected with house life. Housing is one aspect of the complicated condi tions mat afreet the health of men in dividually and also that of commun ities. It is only recently that the evils of bad housing and their extent have become apparent, and we are but now in the pioneer stage of remedial work." Results of Bad Housing; Shown. The results of bad housing In the United States were emphasized by Dr. McBride. "Every year in the United States the following average number of deaths from communicable diseases are re ported," he said, "and this is only a partial list: Measles. 12.000; whooping cough, 10.000; scarlet fever. 9000; diph theria, 1S.000. and tuberculosis, 150.000. These are house diseases in the sense that the house is their usual breeding place, though it is, of course, quite pos sible to contract them or any disease out of doors." "Tuberculosis is a house disease," he continued. The bacilli that cause it live in dark corners, in damp houses, in illy-ventilated homes, in filthy homes. in overcrowded homes. in cheerless homes, in homes of poor food and scant clothing. Poor Houses Cause Crime. "In a certain American city of 500, 000 population a number of pin maps were made to indicate the location of cases of sickness," he said. "It was found that the pins put in the maps to show the location of Insanitary and overcrowded homes went In at the same places as the pins for sickness. In the well-housed districts the death rate was 13 per 1000, in the badly housed it was 19 per 1000. The maps also showed that crime, delinquency, drunkeness and insanity occurred chiefly among the badly housed. "This is the tale of a single city, but the conditions are duplicated in hun dreds of other cities. The facts show, though Imperfectly, the price that any city must pay for Its neglect of the de cencies of its housekeeping and the consequent wastage of its human val ues. The money spent for charity, for hospital care, for crime, pauperism, etc., would, in a few years,- rebuild these degenerate districts and restore to Industry and decent living those who are now a dead weight to the com- , O 4 ij -i U.U14 1 AIM : 11 ju-JLrrr munity and a menace to its good order and its morale. "Physical degeneracy due to bad housing conditions has been observed in all cities where investigations have been made. Children living in one room tenements are shorter and weigh less than those living in two-room ten ements; and when families have three rooms or more the. height and weight of children are greater." Dr. McBride declared that there Is a real financial loss to the country due to bad housing. "There are about 30.000.000 wage earners in the United States.", he said. "As nearly 10 per cent of their time is lost In sickness and as it appears much of this is due to bad housing, the cost of the latter to this class alone amounts to the region of 10 figures." FIXE HEIGHTS HOMES . SOLD Marie K. Knox Bays 916,000 Resi dence on Buena Vista Drive. A number of modern homes on the heights surrounding Portland have changed owners during the past few days, the transactions being negotiated by Mrs. John Brooke. 541 Montgomery drive. A strong movement in homes of this character is reported. Frank W. Thorn sold to Louis Sond helm a bungalow at 732 Mountain bou levard. Portland heights. The price was $4250. N. B. Nicholas sold to Marie K. Knox DOUGHERTY OF NORTHWEST at". 2s- a fine new colonial home, surrounded by large grounds, with a beautiful view of the city, rivers and mountains. at 581 Buena Vista drive. Portland heights. The price was approximately Another sale was a beautiful colonial house with two lots at 717 Patton road Portland heights, which was taken frorr Walter B. Thorn by Joseph M. Wiley for $9000. Mr. Wiley will enlarge the nouse Detore occupying It. GOVERNMENT RENTS FRONTAGE Section of Marshall Wells Building Taken for Store. The u'nited States government has rented the Fourth-street section and frontage of the Marshall-Wells build ing, at Fourth and Pine streets, for the government store, according to ad vices. The sale of government supplies t othe general public as a phase of the fight' against the high cost of living will be handled from this store. The deal was negotiated by Metzger Parker & Ferguson company.. The same concern has negotiated a five-year lease for property at Broad way and Flanders street, upon which the Willamette Oakland people are .to put in a new $30,000 building.'. The structure will be used as a store for the handling of automobiles and ac cessories. Ground at Sixth and Glisan streets has been taken by Erwln Bros, for the election of a similar building as. a bi cycle and auto accessories store. $30,000 STRUCTURE TO RISE Building at Sixth and Glisan to Be Used for Accessories. - A building, to be used as a retail store for the sale of bicycles and auto accessories and as a machine shop, is to be erected on a tract of land 100 by 1 00 feet at the northwest corner Sixth and Glisan streets by W. L. and T. B. Erwln. The land was leased from the owner. Charles O. Sigglln. Monday for a five year period. bornooa or $30,000 ana is to be con structed of concrete, one story high Woodard Home Is Sold. : Among the residence sales of the past week was the purchase of the M C. Woodard home, 1615 Thompson street, by Dr. Sherman E. Wright. Th place is valued at $15,000. Dr. Wright, who sold his forme home on Nineteenth street some time ago. is now living at the newly-ac quired place. The house is one of the most beau tiful ones in that section of the city, and is surrounded by grounds beauti tied with shrubbery and trees. f IN PORTLAND'S CHURCHES (Continued From Pare 8.) the regular services last Sunday. New members are being added at almost every service. During the past tw years the congregation purchased an paid cash for the present house of wor ship, besides expending several thous and dollars In remodeling and equip ping its Sunday school quarters. Th congregation also disbursed more tha $1000 among various missionary en terprises. A sumptuous banquet was served Friday night, September 13, in the church parlors by the local sisterhood to 50 or more of the young men of the congregation who have recently .re turned from active service In the army and navy. The banquet was followed by an Informal reception In the beau tifully decorated auditorium, at which a large number of the members an friends were present. Mr. Sawyer has an advisory board consisting of the elders of the church as follows: A. H. Guy, A. K. Flnley J. E. Lepper, H. L. Canoe and V. H. Reed. L. W. Myrick is financial see retary. ' The pastor will speak at the mornln iiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiiluiiiiiiiiiiiiiiiiiiiiiiniiiiiiiiiiiiiiiiin Permanent Positions for Young Women Due to constantly increasing requirements of the service, permanent positions are now open in the operating department. Telephone operators earn approximately $800.00 during first year of employment. During first month while learning to operate they earn $52.00 and by the end of seven months they earn from $63.00 to $72.00 per month. Thereafter periodical increases are given until an operator will earn from $85.50 to $94.50 a month. Supervising opera tors will earn from $88.00 to $106.00 a month. The opportunities for promotion to still higher-salaried positions are excellent. Previous experience not required. A good salary paid immediately upon employment. Increases regularly given to all employed. Excellent opportunities for promotion. Annual vacation with pay. Permanent and continuous employment, j Large, cheerful operating rooms. ; Attractive, comfortable recreation rooms, j Lunch-rooms where meals are served at cost. j Plan for sickness, pension and death benefits with- j out cost to employes. j Young women considering employment should call upon the Employ I meht Supervisor, Telephone Building, Park and Oak streets. Tele j phone Broadway 12000. 1 The Pacific milllllllllllllllllllllllllillllllllillllllllllllH!!!!!!!!!!!!"''"-: service on the theme. "A Self-Con demned Nation." The pulpit will be occupied in the evening by Rev. A. E. Beebe of Norwalk. Conn. The usual Sunday afternoon meeting will be held at the Men's Resort at 4 P.- M. The men are taking a great in terest in these meetings. There will be community singing, 'speaking and music by the ever-popular orchestra, with Miss Alice Johnson at the piano. m The Fourth Presbyterian church has adopted a large programme of com munity service and Is to be known from this time on as the Community church. One of the special features this week will be the community sing. onight. led by George Hotchklss Street. Mrs. Street will sing both morning and evening. The evening service has been changed from 8 to 7:30. Next Tuesday a five-reel feature film will be shown in the church under the aus pices of the Sunday school. All who are at Sunday school and church Sun day will receive tickets. At the morn ing worship, at 10:30 o'clock, the top ic will be "The New Heaven and the New Karth: How Are They to Come?" Sunday school will be held at 12: even ing service will be at 7:30, with the sermon topic, "One of the Forgotten Purposes of Christ. m On Thursday night at 8 o'clock an en tertainment and social will be given to the members of the church and the congregation by Dr. Milligan, pastor, and the officers of the church and their wives. Joseph H. McCoy and Walter Jenkins have charge of the entertain ment. A programme of dramatic read ings and music has been prepared. In cluding much humor and not too much "jass." A social hour will follow the programme. Lemonade will be served. This Is the first of a series of get- A visit to the laboratory at Lynn, Mass., where this successful rem edy is made, impresses even the casual looker-on with the relia bility, accuracy, skill and cleanli ness which attends the making of this great medicine for woman's ills. Over 350,000 pounds of various herbs are used annually, and all have to be gathered at the season of the year when their natural juices and medici nal substances are at their best. It is the wonderful combination of roots and kerbs, together with the skill and car used ia its preparation, which has made this famous medicine so successful in the treatment of female ills. Letters from thousands of women who have been restored to health attest to the virtue of e actable Compo .iV.lf Telephone & Telegraph Co. acquainted gatherings, the more neces sary because of the changes in the population of the community and the number of new members in the church. The newly-organized choir sang last Sunday. The members are: Miss Mar garet Kennedy, soprano: Miss Gertrude Hoeber. contralto; Joseph H. McCoy, tenor: Mark Daniels, basso, and Miss Nina Marie Walker, organist. The subject of Dr. Milligan's morn ing sermon today will be "The Re fusal of Responsibility." The subject of the evening sermon will be. "Deci sion and Indecision." The subject of the lesson-Sermon In Christian Science churches In Portland for today Is "Matter." Seven Churches of Christ. Scientist, will hold Sunday services In Portland at 11 o'clock and all but Fifth and Seventh will hold services tonight at 8 o'clock. The Wednesday night meetings in all the churches Include reading from the Bible, together with "Science and Health With Key to the Scriptures." by Mary Baker Eddy, and testimonials of healing in Christian Science. Sunday school for children up to the age of 20 years Is held in all the churches except Third and Fifth at 9:45 for the older classes and 11 o'clock for the younger classes In Third and Fifth churches the sessions are at 9:."to and 11. Free public reading rooms are main tained In the Northwestern Bank build ing and at 2S6 Burnside street, where the Bible and all authorised Christian Science literature may be read, bor rowed or purchased. The churches are located as follows: First church. Nineteenth and Everett streets; Second church. Kant Sixth and HolladaV avenue: Third church. Fast tYDI A C. PINK 7- i i ;;ii!ii:iiiiiiiiiuiiiiiijjiiiiiiiiuiiiiijiii!iiiiiiis Twelfth and Salmon streets; Fourth church. Vancouver avenue and Emer son street; Fifth church. East sixty .econd and Forty-secord avenue South past: Sixth church. Masonic temple. 3S Yamhill street; Seventh church. Hol breok block. St. Johns. A cordial invitation is extended th public to visit the reading rooms and attend the church services. The First Divine Science church. East Broadway and Twenty-fourth street (formerly Vniversslist). Rev. T. M. Minacri. pastor, will hold services at 11 A. M. and 8 P. M. Subjects announced are: 11 A. M., "Man's Unveiling"; 8 P. M.. "Man's Atmosphere." Francis Richler is oriranlst. How to Banish Wrinkles and Crow's Feet Quickly If your face Is disfigured with wYln kles. no matter what the cause, you can quickly dispel every line, even the most obstinate, by using a simple, home made wash lotion. Merely dissolve an ounce of powdered saxolile in a half pint witch hazel ingredients found in any drug store. Bathe the fce in this, and presto! you scarcely believe your own eyes when you look into your mirror and behold the marvelous trans formation : The remarkable astringent action of the saxolite so tightens the i-kin. wrin kles are literally pressed out. Best of all, this result Is not purely Temporary, for the lotion also has a healthful tonic action, which tends to strengthen and tone up the weakened tissue, and added benefit may be expected with contin ued true. I'se this once a day for awhile: it cannot Injure the most deli cate skin. The treatment Itself leaves no trace no one guesses the secret of your increasing youthful appearance. Adv. i7S - -a" v 3Si HAM MEWCINE CO,CTNH. I