Tillamook headlight., October 22, 1908, Image 2

*
TILLAMOOK HEADLIGHT, OCTOBER 22, 1908
Pluint.ff failed to pay the fir«t insUB. privilege. It is a significant fact alao. Centrally Located
Electric Lights.
All Modern CoOVl
! men I »»f interest, when due, but gave a that sometime after that. Waterman
Free Bath.
rir,t Clan
granted
to
one
Higgins
«
license
to
hunt
|
note
for
the
amount.
which
w
as
sent
to
L egal A ikebtisementb
Decision Rendered by Com­ the latter at Baker City. He heard no on the place and the use of it in consid­
Hirst inHetion, |>er bna............
that the latter would pay the
Each subsequent insertion, line
missioner Slater in the [ more from plaintiff until after the na- l eration
mriiy of the debt, when on December taxes. Higgins notified Elliott of his
BuBineas and piofes»4Uual cards
State
Supreme
Court
I
license
and
asked for the key .to the old
29. 1900, he sent the notes to Eddy for
1 month...................................
collection, saying to him, “if Elliott will house on the premises. Hud asked plain­
Homestead Notices .......................
We give below Commissioner Slater'► pay all the interest due. I just as auou tiff to take his horses out of the enclos­
Timber Claims
.....................
decision in the Sandspit case. Geo. W Id the mortgage run a» long aa said in. ure. ¡Elliott surrendered the key to
L< ch N per line each insertion .
Higgins but did not laae his horses
Disdlay advertisement, an inch
Elliott vs. Scott Bozorth and |ohn (»-reel la paid annually, but I understand
that Elliott is rather slow in paying h»s away, and the latter turned them out.
1 month ........................... ...
Waterman, referred to in our last issue,
Tra veline Men’s Home.
obligations. So 1 wish you to do which This angered Elliott who declared be
I will please you
All Resolutions of Condolence
in which the Supreme Court reversed the y<»u think bent according to your own would overcome Higgins' right To ac­
Popular Price«.
Touiist. Head,^
Lodge Notices. 5c. per line.
complish
his
purpo-e
he
applied
io
Peter
decision ol Judge Galloway in the ciicuu judgment, and if necessary )uu may
Cards of Thank h , 5 c . per line.
McIntosh, a Inend living at Tillamook,
have to foreclose the murigage.”
Notices, Lost, Strayed or Stolen,
court of Tillamook county.
Eddy trslitien, that he toil plaintiff and asked him to purchase from Water­
minimum rale, 25u. nut exceedii g fiv
Two principal questions are presented
man the latter's interest in the place
lines.
by the record,which are (I) Wastiie deed that the loan must be paid or it Wi.uld Now McIntosh had previously been an
intended to be only a mortgage, and (?) be foreclosed, ami that Elliott said he agent lor Waterman in looking after
if so, did Bozorth buy with notice? It had no hoped paying unless he could Ins proper tv in that citv and collecting
RATES OF SUBSCRIPTION.
the first is determined against plaintiff's *eli the plac?. Ellioit substantially con­
.STRICTLY IN ADVANCE.)
rent, ami had some knowledge of the
contention, the second becomes iiniiia firms this evidence and it is quite ci- ar
business relations that had previously
1.50 terial.
One year........
Plaintiff’» counsel, however that Ixith parties understood at the be ixisted betwitn Waterman and Elliott
75 first urge that an appeal to thia court ginning of the negotiation resulting in
Six mouths ....
In
February, 1901, lie had written
50 Iras not been perfected by defendant ihe making of the deed, that foreclosure
Three months
Waterman that he might as well lor-
Waterman, ano that, therefore, the de­ must proceed if the debt was not paid.
close on Ellioli as he would never pay
cree, which established the relationship Elliott swears that he made the offer to the mortgage. Re also knew that
of mortgager and
mortgrgee
be deed the property if he could not sell.
Elliott hml given Waterman a deed and
tween them, has become binding as to A complication, however, had arisen,
and at one time wrote him, that when
him, aud consequently the only mat­ which at the time prevented plaintiff
Elliott's option runs out he could sell the Prepares young people for bookkeepers, stenographers, corra,
ter left for determination is whether from conveying to Waterman or to a
place to some other parties. Un Septem­ pondents and general office work. The development of thè Nod
Bozorth is a bona tide purchaser for purchaser if one were secured : This was
ber
25. 1903. he wrote him, at Elliott s
value. But counsel are in error as to occasioned by the death of Elliott, Sr.,
west will afford openings for thousands in the next few vt®
Interesting Scraps.
their premise. Defendants gave a joint whose interest in the land had devolved request, saving "I have been talking
Send for catalogue.
notice of appeal, signed by each of them upon plaintiff and plaintiff’s brothers and with Geo. Eiliotl and he wants me to Prepare now.
arrange wuli you lor an extension of
The critics who declared that G-»v. by their respective attorneys. A joint sifter»*, who were widely scattered, some
lime on his Sand Spit place." Now it is
undertaking on appeal was af-o tiled at that time being in Alaska So that, to
Hughe* it» no orator was as much mis
important io note rimt his letter is dat
wherein the surety uudertaKea aud eiiabi- plaintiff to deed either to Water­
taken as those who pronounced him n<
promisee ou the part ol the a »p--lla its man or st II and convey iu a third party, ed tiveduvs before the expiration of the
politician.
'Dial the said appellants will pay all il was necessary that the title should be one year gi ven in tile option to repur
Ibis plaintiff chase and Hie requeul lor an extension ol
M * *
damages, costs,
and disbursements centered in plaintiff.
O».e of the Democratic electoral nomi
which may be awarded against them on thought could be accomplished because lime must have reference to that instru­
ment. Ibis shows tliut Elliott knew
nees in Massachusetts asks permission the appeal." It was executed Uy de heclaimsil had aiwa»sbeen understood
between Ins father and himself hat that by the terms of the contract, be­
to withdraw on the ground that he has fendant Bozorth and the surety ; but, plaintiff should have his father’s interest tween him and Waterman, he had but
because it was not executed by Water­
decided to vote lor Tait. He will be ex- man, it is claimed that it is not Ins in this land for the care and attention he one year after Oct 1, 1902, to exercise
cused.
bond. It lias been held by tills couit in ha*i given his father during the latter’s whatever rights be had, and not three
* * *
Drouilliat v. Rottner, 13 Or. 493, that it old age. As the expense of foreclosing years as he now ¡contends in which to
redeem," as he terms it, aud he also
II King Edward desires to exchange is not essential that the appellant him ami st curing service of summons upon
Ted McKinley.
W. E. Cattek
letters with President Roosevelt he can eelf should sign the undertaking on itie hens by publication would be ex­ must have understood that his rignts
pensive and consume considerable time, aotild terminate unless be got an exten­
appeal
from
a
justice's
judgment,
be
­
do s<> at th»» rate of 2 cents each, undei
Moreover on Nov. 1. 1904,
cause the appellant is already bound plaintiff was allowed time to procure sion.
the new postal agreement, but he should and i.o purpose could be served by Ills conveyance to himself of the wh* le title; Alclutosb again writes Waterman at
be carelul of the topic.
joining with the sureties: (Curtia v hut it was in July, 1902. before this was Elliott s request, asking if he will make
Richards, 9 Cal. 38). The language ol accomplish»d, «nd »»veil then, no release a bond lor a deed to a young man by the
* M *
The American people have one feult the justice’s code there construed m sub­ had been obtained from one Ruhl of an uume of Currell covering 60 acres of
inchoate right as tenant by the couitesy Hie land. Nothing came ol this, and
that ought to be speedily corrected. It stantially the same 559 B. & C. Comp, as husbr nd of Adelia M. Ruhl, one of the on the lOtli lie again wrote him, asking
under which the present appeal was
takes too much urging to get them to perfected. That case must be taken as heirs.
Waterman paid the necessarj ' w hat kmd of a deal or bond would
register, though they know that the gov­ conclusive of the question presented legal expenses in procuring these con ■ ou fix out tor me," saying in addition,
vejances from the heir to plaintiff, who chat he would like to help Elliot out.
liera.
ernment is founded on the ballot.
It is also claimed that no transcript in the meantime had made two or three Un December 8, he writes, lelerring to
* * *
ineffectual attempts to sell On July 11, the Higgins matter, ‘ Elliott does not
By a tremendous effort Mr. Bryan has been filed on the part of Waterman. !9d2, Eddy wrote to Waterman of aisli to Ho anything contrary to vour
There is a sufficient transcript on file
kept the Nebraska majority against and the appeal being joint it is not Elliott’s failure to sell, and saying that wishes but does not wish to give pos-
Parker down to 86,000 The latest necessary that each party appealing “in talking with him the other day lie session ol the place unless notified by
Bryan whirl wind tour in Missouri may should tile a separate transcript. One is indicated that if he could not do some­ i ou to do so. 1 will probably arrange a
thing pretty soon he would simply give utile later to take the place off your
possibly save some of the baggage sufficient
We couie not to the consideration of you a full deed to the place and de­ nanus," etc, and on December 13. 1904,
wagons.
whether the deed was in fact a mort pend upon you to let him redeem il in ne inascs vv atermau a definite offer ot
M * #
f8O0, lor the place, payable tn lour equal
gage. It is generally held, that a deed the course of a year.”
Col. Guethals states that the Pan­ absolute on its face may be shown by
Plaintiff,«himself, testifies in substance, annual iiiHtalimuite, the first falling
This appears
ama Canal will be open to business par.d.*to have been intended as a in.iil that he said to Eddy, that as Waterman lue in September, 1905.
about the beginning ol 1915. This HS- gage to secure the payment of money had bten so kind to him in giving him to have been satisfactory to Waterman
an opportunity to seek a purchaser h< who, m exchange lor McIntosh's notes,
suriince from the official engineering dt- and such is the settled law of this 8tate:
Stephens v. Allen, 11 Or. 188;8wegle v did not wish to put him to any further gave the latter a bond lor a deed
partment is gratifying news for the Belle, 20 Or. 823; Kramer v. Wilson. 49 expense to foreclose, and that he would in double the amount of the purchase
country.
Or. 333. However, the presuiupiion is ( make a deed, but thought Waterman price m the usual lonn.
t » M
this irausaciiou was understood by
that the deed is what it purpoi is U|a>n < should give him one year in which to re
I
The London Times will buv its new its face to be, aud the burden ol siiow . | leein
He admits, that Eddv told him all ol the parties, it finally carried out,
equipment of machinery in the United ing that it was really intended as a mort that Waterman would nut likely agm to have the effect ol vesting in McIntosh
to that. The deed was made on July the legal title and that the latter was
States. The Thunderer shows that it is gage rests upon the oae who as-ei Is leal ;
to be fact, which must be slinwu by 21, and was retained bv Eddy who no­ acting tor the benefit ot Elliott. It was
smart when it borrows the thunder ot clear aud satisfactory evidence : Aluany tified Waterman by letter of its execu­ entered
into
with his knowledge
America inventors, manufacturers and & Saiiliaiu, W. D. Co. v, Crawford, 11 ! tion and enclosing a written memoran­ and nt his request, and he now claims
an
equitable
interest
in the contract bv
dum
of
anoption
to
plaintiff
to
purchase
Or
243;
27
Cyc.
1017
18.
li
was
said
artisans.
by this court, in Stephens v. Allen, that within one year from October 1, 1902. leason thereof. While the bond is not in
* * *
This is a notable month fur great con­ when the result of the evidence is to for the price ol $665, and ten per cent evidence, it is agreed that it was in the
produce doubt, ti e court incline to cou I interest on that sum from that date, to usual lorin and must have bound Water­
ventions devoted to irrigation, tile
strue the transaction to he a mortgage. j get her with $24-.70 taxes paid by Water­ man ou receiving payment of the con­
lakes to.the-gulf deep waterways, and Es iecially would that rule apply wheie man and any that mav thereafter be sideration to Convey by deed the legal
trans Mississippi interests. The cent*al there is an agreement to recovery as in | [ paid bv him. This was signed on July title to McIntosh. Therefore, it must
region of the country is booming with this case : Jones on Mortgages (ttili etl) j 28th. at Baker City, by Waterman, and ue an admission by Elliott that Water,
379. There it is said, that courts gene­ return' d to Eddv. who, on August 1, mail had the legal title to convey. Il
big ideas.
rally incline against conditional sales, ; recorded the deed. Now it is admitted could rest on no other assumption.
* * *
sud give the benefit of any doubt arising ■ hv plaintiff that lie intended to execute McIntosh, not being able to make his
Gov. Hughes has shown that he is
upon the evidence in favor of the a deed in form but he contends that he hrst payment in the summer or tall of
thoroughly grounded in the principles granter's right to redeem. But the iu did not intend to convey a legal title 1905, offered to surrender his bond iu
ot the Republican party and is one ol tent ol the parlies is the governing The object of making the deed was con- consideration ot the return of his notes
from the
the ablest and most active members ol factor. It is Uns which must ue sought le-sedly to avoid the necessity of fore­ and he sent Waterman the bond with a
and where it can be ascertained, it must closing «nd it is difficult to understand request to return the notes. The latter
the party. The question as to governor’s prevail, and it is essential that the uii .
how that was to be accomplished if the was at first disinclined to accede to the
politics has subsided.
derstanding and intention of both | instrument was not in fact to operate >equest and lor some tune retained the
parties, grantee and grautor. should con j as a deed. Upon a carelul review ol all notes, but having met with an oppor­
* * *
There are thousands of business or­ cur to convert a deed absolute in its ot the evidence, we ha ve no doubt that tunity to sell to Bozorth he finally, either
ders marked ; “Stop il Bi van is elected.’’ terms into a mortgage (27 Cyc. 11'97). I Elliott, at the time ot making his deci, just before or just alter consummating
I'be intent must be sought in the co. I fully and clearly understood that he was the sale, surrended to Melntosh the lat­
If wage earners doubt this statement let cumslances surrounding
the trans conveying a legal title in satisfaction ol ter's notes, which together with the
them investigate the matter for them­ action, tile pecuniary relations ot the tlip previous debt, and (hat such will ootid were destroyed by him. This was
parties,
their
previous
negotiations
and appear from its own evidence. Eddy so done, it is now claimed by plaintiff,
selves in the near»st industrial circles.
their acts and declarations contempo­ testifies and al) the circumstances appear without his knowledge or consent, aud
raneous witli the making of the deed. io corroborate his evidence.
PlaintiH therefore is not binding on him, and
Fraternal Insurance.
Their sutw-quent acts and admissions testifies that the debt was to be con that in equity it still exists aod must
respecting the subject matter of Die tinued and that he was to have two oe toiecloscd by Waterman or his suc­
In fraternal insurance the man of contract, while material aud relevant, ' ears in which to pay it. and one addi
Splendid Quality of
cessor in interest. But a contract in
suih II lucana linda protection for his are to be considered rather as evid-nce tional year to redeem, if foreclosed. But writing to convey laud can be abandon­
Imine within his leach and without an corroborative of a previously existing hr has alleged, in his complaint, that ed by parol Uuihiil vs Thompson, 1
intent shown to exist,
I tills indebtedness was due and payable Cr, 353 ; 29 A. & E. Ency. ,2 ed. 645.
element uf gaiubliiig anil speculuGoli
With this preliuiitiarv statement ol • within one vear truui Oct 1, 1902, that And we are unable to understand how
such h 9-iceon.:pa11les the old line policy. the law applicable to the case, we ap- I | is. on Oct 1,1903, which is the exact any equitable inleiest in the contract
A certificate in h fraternal order cannot proacii the facte. Defendant Waterman limit of time fixed in the option for its betaine vested in Elliott, or how Water­
resides and is engaged in business at : expiration. He insists that the notes man was under any equitable duty to
lie attached or assigned, borrowed on • r
Star Brand Barley
Baker City, in the extreme eastern aec were retained by Waterman and were Elliott simply liecause the contract was
g inibbd with. It is simply and solely tloii of the .State, while plaintiff resides not cancelled, anti that the written op
made by McIntosh at Elliott’s request.
for the protection of the wife or child, in the extreme western section and tn (Ion WHS never delivered to him until I he latter assumed no obligation to pay
WILLIAM CURTISS, lWan«9«i
But Eddy ttie consideration or any part of it.
mother or father, slater, brother, niice. the immediate vicinity of the premises alter the sale to Bozorth
It
in dispute. At the time of the original
nephew or other dependent loved one. aa transaction Waterman was in Tillamook j had lieeii plaintiffs legal adviser and the contract between Waterman and
was in the habit of keeping his clients* McIntosh had been carried out and the
the case mar tie. That it does protrcl City upon a sutniuer’a excuibiuiiand was ,__
r...... ...........
papers
m his safe, ......
and lie treaties, mai
that latter, paying the consideration, had be­
them is slio« n all over Ibis country by a auangvr th^re. While there he con i ''hen this transaction wascompleted. hr come invested with the legal title, we do
to buy ot plaintiff some residence 1 offered plaintiff the notes and the written not understand that Elliott was possess­
home« saved, orphans educated and traded
lirnfMiltl'
_ _.. 11. him 1 __1.__
1.. *1 .
1
property in
in ill«!»
that xvatsv
city and 1 loaned
faiullie« held logelhnt—not in a few or <475, tile amount of the original mort I i option. hut that the latter requested ed id such equities ns would entitle him
that he keep them in his ante lor plain­ to a conveyance from McIntosh : (De
scattered places but in every town, city gage debt, to enable plaintiff to liqui­ tiff, which he did. This must be true,
Roboam vs Sehinidtlin. 92 Pac. 1082
date certain record liens eucumbeimg j I lor plaintiff testifies that he was in Ure ) Neither is there such a disparity
and village from sea to sea.
PROPRIETOR
|
the
title
to
the
property,
which
lie
hud
Eddy's
office
and
inquired
if
his
"bond
Give your money Io some big company
uetweeu the amount due Waterman and
contracted to sell to Waterman. The
to «peculate with if you want. None of loan was not made by Waterman to for redemption." as he terms it, had the value of the land at the time of his
I been returned "when he said they bull taking the deed as would be indicative
them will ever give or loan jou ■ cent secure the interest, for he was not in the come. 1 said. I supposed I might still
of ail intent to mortgage. The land had
you do not first give them.
If you business of loaning money, but it was' leave them there, 1 haven't any place to been estimated lour years before to be
made
to
accommodate
plaintiff
and
put them." There was a bundle of pa­ Worth about J1.000, but there is no
prefer t<. take up their glittering troll-
enable him to Invest Waterman with a ■
plaintiffs name, evidence that it would have sold for
liooka instead of Investing your morsy clear title to the property, which lie was ' pers. marked with
Boiler Work, Logger’s Work and Heavy Forginf« |
which contained these notes and the
with home Institutions sod enterprises, buying. At the suggestion of plaintiff written option, in Eddv's sale. These that. It appears clear that Waterman
alter he got the title and the option
Fine Machine Work a Specialty.
1
do so, that is vour busmens, but fiiat B L. Eddy, an attorney of that place papers were evidently placed there by had expired, was quite anxious to sell
protect your home with a fraternal or­ w«s employed by both parties to perform plaintiff's direction and could have been tor enough to reimburse him for his out
the necessary legal services in consum had by him at any time and were, in fact, lay and expense. but was unable to do
der’s certificate.
mating the loan and the sale.
After delivered to plaintiff, at his request as
ww ——__________________________________
There are many good fraternal older«, this was dime Weterman relumed to nis his property by Eddy's successor in so. and when be did sell the considers,
turn received by him did uot make him
hut the Strongest in numbers and means home at Baker City, and thereafter en business, after the sale to Bozorth and whole. He always paid the taxes, ex­
of all the insurance fraternities on this trusted Ins legal business in Tillamook shortly before.the commencement of the cepting one year paid by McIntosh, and
to Mr. Eddy. Plaintiff then resided in
Coast is the Woodmen of the World ft lillaiuook City and had agreed with suit. We do not think the evidence tv the safe to Bozorth, made no profit
shows that there was any retention
has over 100,OIK) members in the nine Eddy, as part of the consideration for of the notice by Waterman after the to himself out of the transaction. Be­
cause land may have raised in value and
StalescompiMing the Pacific Jurisdic­ making the loan, to move on to the making of the deed, and certainly not attained some importance in that neigh­
tion and an iuterest hearing fund of mortgaged premie«'« and improve it. The such a retention as would be evidence borhood, since Bozorth bought, by
leudlefi or 10 miles west of that place
over
000,000. Profiting by the mia and forme a part of a peninsula or ssnd of an intention on his part to claim a reason of an anticipated construction of
continued existence ot the debt evidenced a railroad into that vicinity, can furnish
lakes of other orders il charge, ade­ «pit, separating the bay from the ocean bv them.
no sound basis for adjudging the deed in
quate rates «nd is prepared for the flue- and te called the " Sana Spit Place." It | Great stress is laid by plaintiffs council
J. P. ALLBJ4, Proprietor.
question to be a mortgage.
is
wild
land
having
some
timber
and
'
on
the
fact
that
their
client
is
unable
to
t'talioM in death claims in the future.
From these considerations the decree
brush upon it. hard to reach, except bv write or read anything but print, and
It has —on the confidence ot the people
rowt>oal across the bay. and only ati.ut that
1
these papers were not read over to should be reversed and one entered here
bv promptly keeping its agreements and five acres theieof were enclosed witn a '
him, but we are unable tn believe from dismissing the complaint.
Special Attention paid to Tourists.
fulfilling every obligation, by its many fence, which wax then in a dilapidated the evidence, that he did not understand
A
First
Class
Table. Comfortable Beds and Accotntnod*®*
condition
Within
this
enclosure
was
an
th»ir true import or was deceived by
llumaands of fraternal deeds not lettered
W ANTED-ScccRU
MA gmixr
re.
old house, pra.-tically uninhabitable. At
in the bond, by i>s moral social lire and the data of the mortgage the place was Eddy in this transaction. The subse quiree the service« of a man in Tillamook
i quent conduct of the patties confirms
loyal membership
appraised by Eddy, as Watermans i our views
While Elliott did exercise to look after expiring sabacriptioaa aod
business by means of
In Tillamook county the W. O. W has ! «gent, to be worth about f1,000. but to , some control over the place by pastur. to secure new
paid out over JIS,000 to widows and or- I make ths security satisfactory the j mg a span of horses in the five acre en-j special methods unusually effective' pos­
phans and performed many other fra ! former relied upon plaintiff a promise to closure, and bv warning hunters off. vet ition permanent; prefer one with ex
Ro upon ami improve the place, which
perleace. but would consider any appli­
I-III.I deeds. »> tliat a' Ray City a new he never did, but he did go to a place a all this was evidently done in pursn- '
('snip was recentlr formed quickly for mile or more distant therefrom wheie he arce of an undertaking had with Water ' cant with good natural qualifications •
aalarv
|1 50 per day, with communion
about one month after making of
everyKidy knew its record and reputa-
tAuTT* —’■
tfcar ne the suhiect ever wrltt—
a
continued to live, but pastured some , the died, that he should keep the fences option. Address, with references, R. C.
(Hm. Law. Sew
**** **
F
"SÍ
t on for doing ihuigs
> »luck UD this plaC1.
| up and look after the place for that’ Peacock, Room 102, Success Magazine
Bld.. New York.
ÍES4ÜÄ*.
• fi—
Advertising Rates.
THE SANDSPIT CASE
THE LARSEN HOUSl
Tillamook, Oregon.
Under new management
F. RAMSEY, Proprietor
SALEM, OREGON
- -
W. I. STALEY. Pnnna
Now is the tims to invest in Tillamook prop^,
Values will double in a few years.
M c K inley & c atteri ^
Real Estate Agents.
Main Street, Tillamook City, op. Larsen How.
FOR
ARCAINS!
SAPPINGTON & GO
THE GROCERS.
Bay Your peed
RflY
FEED
COMPAQ
Stone in the Tyler Building.
3arley, Oats and Rolled Barley
Tillamook Iron Works»
General Machinists & Blacksmith». >
—
TILLAMOOK,
OREGON. '
The Best Hotel.
THE ALLEN HOUSE.
Headquarters for Travelling Men
FURS s HIDE$
I