of Illinois on "Delivery of Deeds," was one of the most interesting and instructive papers for Illinois abstracters and lawyers that has been delivered before the Association.

Many interesting and valuable suggestions were brought out by Mr. Sawyer in his paper on "Advertising.”

Manford Savage of Champaign proved to be an ideal toastmaster with plenty of wit and humor. The toast of S. K. Hughes, of Champaign on "Real Estate Men and Abstracters" was thoroughly enjoyed.

Charles R. Adair of Flint, Michigan, after giving his home town a good boost, made some comparisons between titles in Michigan and Illinois.

R. W. Boddinghouse, Secretary of the Chicago Title and Trust Co., made a short talk on "Methods of Evidencing Title," bringing out the weakness of the Torrens System.

Many of the local attorneys, bankers and real estate men were guests at the banquet. Other prominent guests were: Vice-President Loomis and Treasurer Herbert H. White of the Connecticut Mutual Life Insurance Company.

After enjoying the menu and toasts, the party attended the Orpheum Theater, occupying the entire second floor.

At the closing session of the Association held Saturday morning, the following officers were elected for 1919-20: President, Walter Ayers, Jacksonville; Vice-President, Edwin Filson, Champaign; Secretary, B. F. Hiltabrand, Bloomington; Treasurer, Frank Cole, Marshall. Executive Committee-President, Vice-President and Secretary, Ex-Officio; A. R. Marriott, Chicago; J. K. Payton, Springfield; H. C. G. Schrader, Belleville; W. F. Burkitt, Benton; C. M. Conrad, Sycamore.

Vice-President of American Association of Title Men, representing Illinois, C. B. Sawyer, Kankakee.

Delegates to American Association 1920: H. C. Gerke, Edwardsville; R. K. Shelledy, Paris. Alternates: C. H. Haas; Oregon, and C. N. Hossack. Joliet.

Among the resolutions adopted were the following:

Resolved: That this Association observes with satisfaction the failure of the Torrens system, with a fair field in Cook County, to establish itself in popular favor as an efficient means of evidencing land titles and the results of its efforts in Minnesota and other states where it has been tried and found wanting and has fallen into disuse.

Resolved; That this Association may take pride in the record it has made in the 12 years of its active existence, of the general improvement in abstract work and the public esteem it has won throughout the state, and the promise of greater improvements in the future."

Two very interesting addresses were given. First, "Title in and out of the Government," by Henry W. Berks, Vice-President, Trevett-Mattis Banking Company, Champaign and "Bonds that are Liens," by R. W. Boddinghouse, Secretary of Chicago Title & Trust Company.

IMPORTANT TITLE DECISIONS

ADVERSE POSSESSION-(Ala.) Where a party had color of title through a deed to a quarter section of land, his actual possession of a part of the area effected to extend his possession to the whole body of the land described in the deed.-United States Lumber & Cotton Co., vs. Cole, 81 So. 664.

ADVERSE POSSESSION-(Mich.) A tenant or licensee cannot convert his occupancy into an adverse holding without actual notice to the holder of the legal title.-Standard v. Jewell, 172 N. W. 407.

ADVERSE POSSESSION—(N. Y.) Mere lapse of time without hostile holding will not give title to real estate by adverse possession.—Trimboli v. Kinkel, 123 N. E. 205, 226 N. Y. 147.

ADVERSE POSSESSION-In establishing adverse possession of land, it is no objection that natural barriers be taken advantage of, if the natural together with the artificial barriers used are sufficient to clearly indicate dominion over the premises and to give notoriety to the claim of possession.-Horseman v. Hincha, 211 S. W. 385.

BOUNDARIES-(Mont.)

The burden of proof is always on the party attempting to show the existence of an agreement fixing the location of a boundary line, and that the boundary so fixed has been accepted and acquiesced in.—Myrick v. Peet, 180 P. 574.

CONTRACTS.-(Ala.) Where a contract to obtain timber land for another does not specify any time for doing so, there is a law-implied reasonable time in which to do so.-Winfield Lumber Co. v. Partridge, 80 So. 821.

CONTRACTS.—(N. Y. Sup.) If no place of performance is mentioned in a contract, it is presumed that the parties intended it to be performed where it was made.-Thompson v. Lakewood City Development Co., 174 N. Y. S. 825.

DEEDS.-(Ala.) Mere indefiniteness in description of land conveyed by deed, though such as to render instrument prima facie inoperative, does not necessarily have that effect; evidence of extrinsic facts and circumstances being available to identify subject-matter.-Hamilton v. Stone, 80 So. 852.

DEEDS. (Iowa.) In an action by other heirs against deceased's son for an accounting for property received as held in trust for heirs, mere want of a valuable consideration is insufficient to invalidate defendant's title under conveyances from deceased.-Vorse v. Vorse, 171 N. W. 186.

DEEDS.-(N. C.) Where deed is procured by grantee after having surveyed land, and included in deed land previously conveyed to third party with knowledge of prior conveyance, and that prior grantee is in possession, and where grantor, who is able to read, is not prevented from reading deed before signing it, and is not misled into signing paper he had not intended to sign, the deed, if procured by fraud, is merely voidable, and not void; there being no fraud in the factum.-Lanier v. John L. Roper Lumber Co., 98 S. E. 593.

FRAUD-STATUTE OF.-(Kan.) On the issue of whether a promise to pay debt of another was in fact made and intended as collateral or original, the mere form of its expression is not controlling.-Ezell v. Butcher, 179 P. 332.

FRAUD-STATUTE OF.-(Kan.) An oral lease for one year, with the privilege of five years, is void under the statute of frauds.—Skinner v. Davis, 179 P. 259.

FRAUD-STATUTE OF.-(Mo. App.) The statute of frauds is inapplicable to a contract of guaranty where principal debtor is a fictitious person, a real person having used a fictitious name.-Bishop Press Co. v. Lowe, 209 S. W. 962.

FRAUD-STATUTE OF.-(N. D.) In an action for goods delivered to third person, where plaintiff testified defendant told him he would see that he would be paid, the goods being charged to the third person, evidence held to establish promise to pay debt of another, within the statute of frauds.-Gidley v. Glass, 171 N. W. 93.

FRAUD-STATUTE OF.-(N. C.) Landlord's verbal agreement not to rent property while it was occupied by tenant without first giving the tenant an opportunity to renew his five-year lease, being a verbal contract to lease for an indefinite period, is void under the statute of frauds.-Barnes v. Saleeby, 98 S. E. 708.

INSURANCE AGAINST EXISTING LIENS.- (N. Y.) The doctrine is land down by the New York Court of Appeals, in Empire Development Company v. Title Guarantee & Trust Company (December 10, 1918), that an owner of land may insure in a title insurance company his present title to the land against existing liens and incumbrances, and if such a contract is made in good faith and not as a wager, he may recover thereon for defect in title on account of an existing assessment, although he knew of the claim of the assessment at the date of the policy.

MORTGAGES.-(Iowa)

Fact that grantee of absolute deed retains in his possession without cancellation written evidence of debt owning him by grantor raises strong presumption conveyance did not extinguish debt, and that a mortgage was intended, a presumption strengthened by failure to demand surrender and cancellation of written evidence of debt. Holman v. Mason City Auto Co., 171 N. W. 12.

MORTGAGES.-(Kan.) Where it is necessary for holder of superior mortgage lien to foreclose, he may properly sue everybody concerned, including those having inferior interests conflicting with each other, whether they conflict with his interest or not, and such defendants may join issue with each other, although the superior lienholder is not concerned therewith.-Ruf v. Grimes, 179 P. 378.

QUIETING TITLE.-(Tex. Civ. App.) A recorded oil lease is a cloud on the title of the land covered thereby.-McEntire v. Thomason, 210 S. W. 563.

7(4) (Ill.) Where purchaser's interest in land contract is sold at execution sale subsequent to purchaser's abandonment of contract, execution sale gives purchaser no interest in land, has no effect other than to cloud owner's title, and, where a deed follows such sale, equity will remove it as a cloud upon such title.-Hayes v. Carey, 122 N. E. 524.

RECOVERY OF DOWER RIGHT.-(Ill.) A widowed father conveyed all his property to his son without consideration. At the time, he was considering re-marriage, and although he had no particular woman in mind, his motive in making the conveyance was to deprive any future wife of her marital rights in his property. Twenty-two months later he married the plaintiff, and lived with her for more than a year until his death. The plaintiff widow brought a bill in equity, setting out these facts and praying that the deed to the son be set aside, and that she recover her dower and homestead rights. Held, that a demurrer to the bill had been improperly sustained.-Jarvis v. Jarvis (1919, Ill.) 122 N. E. 121.

Equity has always enforced a wife's marital rights in property which her husband conveyed upon the "eve of marriage" with the intent to defraud her. Roberts v. Roberts (1917) 131 Ark. 90, 198 S. W. 697; Deke v. Huenkemeir (1913) 260 Ill. 131, 102 N. E. 1059. Fraudulent intent must appear. A genuine desire to make reasonable provision for children by a former wife validates the conveyance. Goff v. Goff's Exrs. (1917) 175 Ky. 75, 193 S. W. 1009; Kinne v. Webb (1893, C. C. A, 8th) 54 Fed. 34. Also the conveyance must have been made upon the "eve of marriage" or "in contemplation of marriage.” tion of these phrases has undergone a marked change. wife could not recover unless the conveyance had been engagement period or, at least, during the courtship. (1879) 21 Kan. 521; Gainor v. Gainor (1868) 26 Ia. Beechley v. Beechley (1907) 134 Ia. 75, 108 N. W. 762; cf. Allen v. Allen (1912) 213 Mass. 29, 99 N. E. 462. The principal case represents the modern interpretation that the conveyance is invalid even if made before acquaintance with the wife, provided the husband's intention, at the time, was to defeat the marital rights of any person he might later marry. Higgins v. Higgins (1905) 219 Ill. 146, 76 N. E. 86; Beechley v. Beechley, supra.

The interpretaFormerly, the made during the Butler v. Butler 337, overruled in

VENDOR AND PURCHASER (Iowa.) In a written agreement for sale of land, the word “optinoin” must be presumed used in its usual and legal sense; and, where purchaser bound himself to nothing beyond the nominal payment made, and had a period within 90 days in which he could complete a purchase, if he desired, but vendor was bound to sell, the contract must be constructed as an aptinion, and not an agreement of agency.— Porter v. Carney, 172 N. W. 644.

VENDOR AND PURCHASER―(Ga.) A contract whereby one for a recited consideration paid by another agreed to sell and convey by good deed certain described land at certain price payable in four payments, stated to be made for purpose of resale and made transferable, was an "option," merely an offer to sell as distinguished from a contract of sale.— Hughes v. Holliday, 99 S. E. 301.

There is an important distinction between a contract of sale and a contract to sell, as the rule against forfeitures is applicable to the former and generally inapplicable to the latter.-Id.

VENDOR AND PURCHASER-(Kan.) A written contract as to the sale of land entered into between the buyer and the real estate agent with whom it was listed, made subject to the consent of the owner, was a personal contract of the agent to which the owner was not a party, and its character was not changed by the owner deeding the land to the agent to able him to carry it out.-McMichael v. Crawford, 180 P. 777.

VENDOR AND PURCHASER.-(N. Y. Sup.) Contracts referring to the transfer of title to land are governed by the law of the place where the land is situated.-Thompson v. Lakewood City Development Co., 174 N. Y. S. 825.

BOOK REVIEWS

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