Image provided by: University of Oregon Libraries; Eugene, OR
About The Sunday Oregonian. (Portland, Ore.) 1881-current | View Entire Issue (March 21, 1920)
J v- - - .'. :'V.-- ff .U'v.l.n.v ........ .1 i 4 1 . 1 0 I 12 TnE SUNDAY OWEGOXIAX, TOKTLAXD, 3IAKCII 21. 1920 EN MODERN HOUSES ARE TO BE ERECTED HANDSOME RESIDENTIAL PROPERTIES ON EAST SIDE CHANGE HANDS. Dwellings Will Be Disposed Of on Installment Plan. WHOLE BLOCK OCCUPIED Promoters of Enterprise Desire to I'rovide Accommodation Rather Than to MakeMoney. Krection of 10 dwellings to occupy the full .ri0 feet on the east side of Eighteenth street between Klickitat and Frecmont, in Irvington, by the Title and Trust company, has been an nounced by Robert E. Smith, presi dent of the companv. The land was recently secured from Edgar W. Smith, president of the Astoria Flour Mills company. The dwellings are be ing erected more to aid in solving the present problem of inadequate housing facilities than for investment, it is announced, and will be sold at cost of construction plus price of lot. and on the installment plan, it desired. The dwellings when com pleted will be disposed of through members of the Portland Realty board. Monthly Payments Reasonable. The houses will average in price between $S000 and $9000, and may be paid for by cash or on an install ment plan, 20 per cent down. The Mortgage Guarantee company will take a first mortgage for 50 per cent of the cost and the Title and Trust company a second mortgage for the balance. Payments will be 1 per cent per month of the amount of the sec ond mortgage. The purchaser will pay semi-annual interest on the first mortgage and will pay the taxes. Thus on an $8000 dwelling the cash payment would he $1600, the monthly payment $24. and there would be the taxes and interest on a first mort gage of $4000- The Mortgage Guarantee company was organized by the Portland clear ing house banks, together with the Title and Trust company, for the pur pose of finanring homes in Portland and the directors of the latter com pany were encouraged to build at this time in order to assist in relieving the present congested situation with regard to houses. "In considering the present high cost of building, the Title and Trust company found that the present low price of land to a large degree off sets the present high cost of build ing, sain -Mr. smith, and in this way new and up-to-date houses can V.bullt at a price which will compete with iouses built in pre-war times. Particularly is this true if several them are built at one time in the same vicinity, so as to reduce the cost or ouiiuing. . "We have found that by buildln these 10 houses on this one block we can make a saving of from 15 to 20 per cent. This saving, of course, i made in the cost of materials, but mere is tne additional advantage o: having better workmen on the job. As fast as the excavation for the first house is completed, the excava tors immediately begin work on th second house, and so on until all th excavations are made. Of course as soon as the excavation on the first house is done the concrete men be gin work and move down the line be hind the excavators. Carpenters fol low and the entire row of houses will be finished almost together. iinoLiier aavantage wnich is se eured in harmony of design. We will build a double garage between every other house, making one driveway serve two houses and thus giving more space tor lawns. 1 ' zj &: !l -.IT1 Ten iff -6 I HOSTILE POSSESSION OF LID MADE CLEAR Title to Property Lies Method of Control. $1000 Opening Sale Player Less 25 $750 U Munlkly SHIVELY DEFINES TERM Honwi Well Designed t-acn bouse will be of five rooms ana oatnroom downstairs, with pro vision for finishing two rooms up stairs if desired. The houses will be heated with gas furnaces and will nave gas water heaters installed, wim a wood fireplace in each living room ana a gas fireplace in the main oeoroom. ine floors downstairs, ex cept the kitchen, will be hardwood. While the houses will be erected to gether, each will be different in de sign from the others, both interior and exterior, the plans being worked out bo as to lorm a harmonious hlolr Each house will be set back about 30 feet from the sidewalk and the lawns will be graded and beautified by the Title and Trust company. re Young noam are the architects and will supervise the building, which will be oy day work Instead of contract. EAXCH SEIiLS FOR $45,000 ' 1 4 Lieutenant O. V. Morrow, Portland, Buys Brookhnrst, Near Med ford. MEDFORD, Or., March 20. (Spe ciai.; ine second big ranch sale within the week was announced Wednesday, the transaction involving ine purcnase ot iirookhurst. Dr. E. B. ncKeis property north of the city oy lieutenant u. v. Morrow of Port land for $45,000. The ranch consists of 153 acres, 60 acres of pears, 6 apples and the balance in grain and an ana. A residence and barn are included In the deal. Lieutenant Morrow was n officer of the Rainbow division. He expects to take charge soon. Elevator Company Will Build. The Otis Elevator company will oc cupy a new building to be erected at 74 Tenth street, near Everett, the contract for which has been let, and which will cost when completed ap proximately $30,000. The structure will be 60 by 100 feet and specially designed for the plant of the com pany. Sutton & Whitney have com pleted plans for two comfort stations on the north park blocks near the North Bank station, estimated to cost about $25,000. Parker & Banfield are to erect a one-story building at East Third and Davis streets, covering a ground area 100 by 100 feet, at a cost of about $10,000, according to an nouncement. Realty Firm Expands. Henry G. Rltter, who has been, em ployed with the Standard Oil com pany at Tacoma, arrived in the city last week to become associated with Ritter, Lowe & Co. Mr. Ritter. who is a nephew of A. R. Ritter, head of the firm, will have charge of the in surance department of the company. this department having grown mark edly during the last few months. Board Receives Applications. Additional applications for member ship In the Portland Realty board, filed with the membership commit tee, have been announced as follows: W. S. Kellogg, John Ferguson. Clar ence Marsters, C. E. Adams, William DaM Uk. Tl ,, . . aau, wiii. r. ..inline v o, VM1 aCtlVS I members; E. F. Williams, D. B. Zig- I Above Dwelling sold by Charles A. Rnneo to C. V. Anderaon, located at the corner of Twenty-second and Wcld- cr trert. In Irvlngton; connldrralion, I3,r00. Ilelow Rcdldcnce at 445 Kant Forty-seventh street North, old by J. I.. I)avie to K. R. Shan t consideration. 955U0. The former sale was handled by A. B. Cleveland of The .McCrillia-Clevrland company, and the latter by J. V. Bootb of the same concern. OUTLOOK BRIGHT FOR SPRING AXD SUMMER SALES. Dealer Says Real Estate Always Last to Be Affected by Grin-mi Business Improvement. That the outlook for the sale of high-class homes is excellent for this- spring and summer is the statement of A. B. Cleveland of the firm of Mc- Crillis-Cleveland company, who has recently been making an investiga tion of residential property values and of the cost of building. What little building has boen done since, the close .of the war has been principally in moderate priced homes, ' he explained yesterday. "Not only our selves, but the entire country is way behind on its building programme and it will take several years of hard work to get back to normal. From a building standpoint, there is nothing to indicate a decline in prices. On the other hand, we know of several items entering into building construction which will be even higher than at present. "The- demand last year was for modest homes; three or four years of high wages made it possible for the wage earner to acquire a home which he could not do under former condi tions. The wage earner was, there fore, the principal purchaser of homes. The business and professional man has fared equally well with his labor ing brother and is now casting about for a suitable location for a home. - "The real estate market is always the last to be affected by the general ncrease in business. We all know that business of every sort has been remendous. There has been a de- houses will be In lin with the de mand for better goods generally." REALTY CONTEST RULES OUT Speakers to Compete for Trip to National Convention. Plans for the contest to determine who will go to the national conven tion of real estate boards in June to speak on the benefit and advantages of Portland are in the hands of Paul A. Cowgill, secretary of the Inter state Realty association, it has been announced, and the contest will be held in May. It was recently voted to pay the expenses of the winner of the contest to the convention. According to the regulations an nounced by Mr. Cowgill, each con testant must he an active member of the Portland Realty board. Each of the speakers at the competition will speak five minutes and no longer, and must speak without nates of any kind. The subject will be "Portland." All those desiring to enter the contest are asked to leave their names with Mr. Cowgill. or with Fred O. Brock man, secretary of the Portland ReaJ- ty hoard. Utilitor Company Coming. The 'Northwest Utilitor company will establish headquarters in this city shortly, the concern having ob tained a lease last week on a portion of the first floor of a new building now being erected at the corner of Sixth and Flanders streets. The ar rangements were made through the Metzger-Parker-Ferguson company. The company, which handles the sale of a gasoline-driven garden culti vator, already has branch offices in seeral cities of the northwest. REALTY 1 920 BOOKLET OUT DISTRIBUTION TO MEMBERS MADE BY SECRETARY. Yakima Ranch Brings $65,000. YAKIMA. Wash, March 20. (Spe cial.) Peter Agor and wife, and his son, Ben Agor. have sold a ranch of marfd for all kinds of goods whether i 242 acres west of the town of Union manufactured or otherwise. The de mand, however, has become greater and greater for better goods of all kinds. It is only natural, therefore, to assume that the call for better Gap, for $05,000. Lawrence Wood of Seattle, formerly director of the fed eral employment work in this state, has leased a Moxee ranch and will bring his family here to live. Proceedings of Third Annual Con vention Held at Victoria Last Summer Included in Contents. Publication of the 1920 booklet of the- Interstate Realty association. containing the full proceedings of the third annual convention held at Vic toria, B. C. last summer, was con cluded last week and the volume sent by Secretary Paul Cowgill to all ac tive and associate members of the association throughout, the north west. As the total membership now exceeds 1300, it was necessary to have a larger number of the volumes printed this year than ever before. The booklets are sent free to all members. This year's volume is practically the same size as the one issued last year and contains, in addition to the complete proceedings of the 1919 an nual convention of the interstate as sociation, the list of officers of the association nad a complete roster of membership, arranged alphabetically by states and cities, the constitution and by-laws of the association and the code of ethics. The volume this year contains 22S pages, and is considered of particular value because of the roster of mem bers it contains. As realty dealers can only become members of the association after careful scrutiny as to their reliability, the list is consid ered to be one for ready reference to reliable dealer? in practically all cities and towns of any s;se in Al berta, British Columbia, Idaho, Mon tana, Oregon and Washington. Mere Holding of Property Not Enough if Occupation Is Per mitted by Owner. BY W. B. SHIVELY. Chairman!, Legal Committee, Portland Realty Board. (This i th third of a scries of articles written by -Mr. sniricy on tne law oi a virfle Dossession as aDDlled in this state. Previous articles will be found in the Sun day Issues of March 7 and 14.) May one enter upon the land of an other, with the latter"s permission, and, after residing thereon continu ously for ten years, claim to own the land by right of adverse possession? Readers of this series of articles will recall that It is well settled in Oregon that adverse possession oi another's real estate for the statutory period of ten years vests in the pos sessor the title to the real estate, ex tinguishing all rights of the former owner; also that to constitute ad verse possession there are five ele ments necessary, that is, the posses sion must be hostile, actual, notori ous, exclusive and continuous. The first of these elements is that tne possession must be hostile, and it is the purpose of this article to lane up and discuss that particular feature of a title by adverse possession. The term "hostile," as used in tne law of adverse possession, is not to be construed as showing ill will, or as to mean that the one claiming adverse possession is an enemy of the person holding the legal title. The term is construed to refer to an occupant who holds and is in possession of the land as -the owner thereof, irrespective of who else may claim to be the owner. Mascall vs. Murray, 76 Or. 637. 149, Pac. 517. 521. It is held in Bessler vs. Powder R. D. G. Co., 90 Or. 663, 176 Pac. 791. that any recognition of the true owner at any time during the ten-year period wiil be fatal to the adverse claimant Merc Poflarsaion Vot Enough. There have been many cases where one enters upon another's lands with the owner's permission, as tenant, vendee, licensee, mortgagee, trustee, or the like. Can such a one, after occupying the lands for ten years, successfully claim to own the lands by right of adverse possession? The answer, subject to the following dis cussion, is "no," for the reason that if the entry is made with the owner's permission, it is necessarily in recog nition of the owner's title and, there fore cannot be hostile or adverse. In Abraham vs. Owner, 20 Or. 511, it is held that a permissive occirpancy, no difference how long continued, is never adverse. This principle has been applied to many different circumstances. For instance, there is the case of Thayer vs. Thayer, 69 or. 138. liis, .fac. ib. In this case the defendants having re sided upon certain land for more than ten years therefore claimed to own the same in the hope that they might some day be able to purchase it, and they continued to reside upon the land that hope. This fact, said the court. clearly showed a recognition of the owner's title by the defendants' show ing that the defendants occupancy of the land was not hostile. Habcrly vs. Treadgold, 67 Or. 42a, 136, Pac. 334, the adverse claimant had moved upon the land under an alleged contract to purchase it. This, held the court, did not show hostilitj to the title of the true owner. Railroad Case Cited. In Oregon City vs. O. & C. R. com pany. 44 Or., 165, 74, Pac. 924, the de fendant railroad, with the permission of the city, had used a strip of the city's land in connection with its right of way for over 30 years, after which the railroad claimed tne land bv right of adverse possession. The court held that the railroad's entrj upon the land was by the permission of the city, wherefore the railroad could not claim that its occupancy has been adverse. In Nessley vs. Ladd, 29 Or.. 354, 45, Pac. 904. it is held that a tenant can never acquire title by adverse posses sion of his landlord's lands for the reason that in first renting the lands he does so in recognition of the land lord's title. There are circumstances, however, where one may acquire title to lands occupied by him as a tenant, that is to say, even though he originally went upon the land as a tenant, if he there after openly and explicitly disclaims any holding under his former land lord and emphatically and unreserved ly asserts that he is the owner of the true title, all with the knowledge of the landlord, he. the tenant, if he meets the other requirements as to the hostility, openness, continuity, etc., of his subsequent possession may be come the owner of the land by ad verse possession. Such is the holding in the Nessley-Ladd case. In Raymond vs. Flagel. 27 Or. 219, 40 Pac. 158, a trustee held certain lands in trust for another, and the court held that so long as the trus tee held title as trustee, adverse pos session could not be claimed. But if. with the knowledge of the person for whom the trustee held the land, the trustee repudiated all trust relations and then continued in the. adverse possession of the land for the ten year period, such possession would ripen into title. A similar decision with reference to the relation between mortgagor A II Two New Store Opening Sale Is Giving People a New Vision of Pianos When we say the sale is doing this, we mean specifically the pianos that are the mukinc of the sale. The Schwan Piano Company's piano is ore thing1 which suffered no deterioration as a con sequence of these difficult times. Our pianos and player pianos are as good, yes better than ever. This is a show of Pianos which gives the word home a new cultural sisnif icance. The assemblage of pianos and player pianos in our Mezzanine and Quality Store, is regarded by critical and experienced visitors as without equal in scope, sumptuousness, and desirability. You may want a Period Chippendale, Sheraton, Louis XV, or quite modern style of piano of refined tone the choice here is hardly duplicated in Portland. And they are pianos of such a genuine sort genuine all the way through. This is a sale moot ing every requirement of common sense, of practical service, of superfine tone and of sound economy. Speaking of economy you will please bear in mind that the saving here is still 25 same quality would cost you 25 more if bought anywhere. $900 quality Steger & Sons pianos, "the most valuable pianos in the world," grands in upright form, for $675 cash, or $50 cash, $20 monthly; $800 Steger & Sons upright pianos for $.r.r!i cash, or $18 monthly; some 1919 models in Steger $750 quality for $562, $17 monthly; $675 quality Reed & Sons' pianos for $495 cash, or $25 cash, $15 monthly; $650 Singer quality lunre upright grands for $487 cash, or $25 cash, $15 monthly; $650 Thompson Colonial models for $487, $15 monthly, as also our opening sale special, the $525 quality Thompson at $nor, $25 cash, $12 monthly. Then in our quality store you will find the famous Natural Player Tianos, theSvonder of this age. $1250 Steger Tlayers for $937; $1150 values at $62; $1050 Hoed & Sons Natural Players at $797; $1000 Singer Piano Co. Tlayers at $750, as also the most popu lar opening sale special $900 quality Thompson Player Piano at $675, $50 cash, $20 monthly. Then there is our downstairs store with its underpriced pianos. What variety of ne-w and used pianos, inexpensively priced! There are hiiimlng now Bungalow Pianos in Mahogany, Oak Fumed and (loiden all marked at iliMlnrl lavlnm One Oak $550 Conover at J315. a large Plain Case Mahogany $550 Kimball at $;!.".. a splendid J " Kteinway & Sons at $345, also a $750 Steger in fumed oak for 4"i5, and one steger In pollxlu-il mahogany at $485, also a dull mahogany $475 Kingsbury for $265, n $475 Vme K- Suns for $;3."i. a modern 3tyle Plain Mahogany Kbersole and a splendidly carved lurne $575 Unhurt M. Cable for $395. a Bush & Gertz and a large Mclntyre & Ooodsell at, each $295; as also a large I la 1 let Davis Upright at $195, one Newby & Kvans at $295. Cash or with payments as low ns $ii, $s. $10 or ninrn monthly, all to be paid within 2M- years' time. Then, again, here ynu will find some good makem' Plaver Pianos a mahogany $750 Stark & Co. at $495, an Oak $xoo Memleiihall nt $496, and a now $800 Player for $535, on terms of $15 monthly if you do not wish to pay cash. Schwan Piano 101-IO.t Tenth St.. nt nb- ington and Stark Six. You Are Cordially Invited to Ittend Our Opening 0,0. IaH Inttrf'N l.tmrKtraf iHtrnuior and mortgagee is the case of Caro vs Wollenberg, 68 Or. 420. 136 Pac. 866. An example of a case wherein the holding was at first permissive and then hostile is the very late case of Looney vs. Sears (Or.) 1S5 Pac. 925. In that case Bean, the owner of cer tain property, made an oral contract to sell the same to L,oney and under sirch contract Loney moved upon the land. After a time a controversy arose as to the terms of sale and, after an argument. Bean repudiated the contract and sold the land to an other. Loney. however, continued to reside upon the land and he and his representatives remained there until 1918. During this period he built fences, houses and barns thereon and harvested crops therefrom, always claiming to own the land and at no time recognizing any title but his own. Bean's purchaser did not insti tute proceedings to oust Looney from the land until 1918 and the court, in deciding the case, held that in view of Looney's long, continuous, open and hostile possession of the property, he had become the owner of the land and that Bean's purchaser had lost his title thereto. X A T I O X A I j CO X VI :. T 1 1 X KANSAS CITY JIXK 2-,' NT AT 2 5 Kealty Boards In Oregon Washington, Idaho, Montana British Columbia Represented. Med ford to Open Street. MEDFORD, Or., March 20. (Spe cial.) At the council meeting Tues day night the purchase of the prop erty for the opening of King street was sanctioned over the mayors veto of two weeks ago and the city will now go forward in opening up this thoroughfare which has been a bone of contention for many years. The mayor's veto was on the ground of economy, he maintaining the price of $2500 being out of all proportion to the value derived. Councilman Hargrave was the only member of the council to support the mayor, however. HARMONIOUS DEVELOPMENT OF WHOLE BLOCK IN . IRVINGTON, WITH ERECTION OF TEN NEW DWELLINGS, PLANNED BY TITLE & TRUST COMPANY. 1 ' I 1 I ' ' ' ler and the C. M. Olsen Transfer com- I ennnp on- vova av this tk mafikkjc biikgalowi which wii.i. risk as the: east sine nr kighteesth sthe kt. bktwegk kulkitat axd fuehont STREETS. AT pany, associate members. ' COST OF FBOM To 98000 SACU. More than 25 realtors from the Ta clfic northwest will attend the nex annual convention of the National Ah sociation of Real Estate boards, to be held in Kansas City June 2, S. 4 and 5, according to assurances that have been received by F. K. Taylor, of the F. E. Taylor company of this city executive committeeman of the na tional association for Oregon, who is makine nlans for n excursion of northwest realtors to the convention city. Thorn are 25 realty boards and ex changes in Oregon, Washington. Idaho and Montana and tirnisii loiumui the territory embraced In tne inter state Realty association. It is ex pected that the presidents of nearly all of these boards will attend the convention and several of the boards are planning to send delegations, ten members of the1 Portianu uoaru iihv ing signed up for the trip. Special Car I'lannrd. The realtors are planning to leave Portland in a body, arrangements be Ing made for a special car. The dele gation is to be entertained en route to Kansas City by the Deliver Realty board for one day and probably also bv the realty board at bait Lake city Among those planning to make the trln is C V. Johnson, manager of the real estate department of the state of Oregon, who will address the natlona convention on the merits of the new license law now governing realty transactions In the state of Oregon. In the near future the Portland Realty board will conduct a contest in order to decide who is to represent this city in the five-minute speaking contest at the national convention. Following a time-honored custom, the authorized realtors of the respective boards compete for a handsome silver trophy, which is awarded to the speaker who can deliver the best talk pertaining to his home city. The Port'land board has already voted to send the winner of the local try-out contest to the convention at the ex pense of the board. Delraates Already Listed. In addition to this five-minute speaker and delegates from the Spo kane, Vancouver, Victoria, North Yakima and Walla Walla boards, the following is a list of the delegates which have notified Executive Com mitteeman Taylor of their definite intention to make the trip to Kansas City on the "realty special'': E. B. Arthaus of Hoquiam, presi dent of the Interstate Realty associa tion; E. O. Dole, president of the Grays Harbor board; W. O. McCaw, secretary or the Grays Harbor board; E. S. Goodwin of Spokane, past presi dent of the Interstate Realty associa tion; B. JU Lambuth, past president of the Seattle Realty board; A. I Murphy, president of the Caldwell, Idaho, hoard; Ceorgo M. Elliott, pres ident of the Tiionma board; V. A. Karnes, secretary of the Tacoma board; Waller S. ltruce, president of the Itoise, Idaho, board: (!. I', lteiinelt, president Seattle board: N. M. Apple, LewlHton: John Elliott, Seattle; C. V. Johnson, manager real estate depart ment, state of Oregon. From Portland F. K. Taylor, rpe. utive committeeman for Oregon: Fred. W. tiermaii, president of the Portland Itoard; Fred O. Hrorkninn, secretary of the Portland board; Paul A. Cow gill. secretary of the Interstate Realty association ; Cue A. Mi'Kenna. W. W, Ferguson, Harold Jungck, Fred II. Strong, Paul C. Murphy, II. 8. ileck-with. CLUB EXPRESSES REGRET HK.SOIATIOX AD()PTi:i) Kl f; ItlI; LATK It. It. SIXXOTT. AsMM'lale. Member Aruiiy Active Interest In Affair Port laud ltenlty llonrd. Took of Sincere regret at the death of Rig"" R. Slnnott was expressed by the Port lsnd Realty bo-ird through a resolu tion adopted by it at Its regulur weekly meeting Friday. Mr. J-'Innmt, although hut an associate member. had shown a nvnt aetlve Interest In matters taken up by tho realty board. and not long aso represented the club In speaking atf-tinst the adoption of the snntng ordiimrre mm orltrinatly proposed. Tho resolution follows: "Again we mourn, fine of our best known and m-st highly respected as sociate members will meet with us no more. Roger U. Slnnott died Kt Ms home Tticsrl.iy evening, Msrch IS. 1920. He was a good citlxen and slnrnre friend of this hoard, who could always be drafted when he could be of service to us. Ho was a regular ttendant at our meetings and we will miss him In our future activities. BecausA of his merit and high char acter and of his association with us; now, therefore, be it Resolved, That we sincerely regret the loss of our sssorlate member. Roger R. Slnnott, and that we deeply sympathise with his widow and rela tives in their bereavement; and be It further Resolved, Thit these resolutions he spread upon the minutes of this board as a testimonial of our respect, that a copy be sent to his widow." Lumberman (o Built! Hesldencp. EUGENE. Or., March 20. (Special.) E. B. Kingman, president of the Alsea River Lumber company, with headquarters In this city, now erect ing a large sawmill at Glenbrook. In southern Benton county. Is' plannlnc to erect a $20,000 residence fa Eugene. Fire Ilorses Leave London. LONDON'. The last horse-rtrs wn fire engine remaining In the Inndon fire brigade has been offered to th South Kensington Science museum. I- r- i , r '' 4 ,