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