The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1905-12-31
FOR SALE-REAL ESTATE.

thought of or contemplated between
Miss Armitage and DR.. Park; but upon
his death the woman sought To obtain
a third interest in his property on the
ground that the deathbed sealing
constituted a marriage. The highest
authorities in the church testified that
these sealings had only reference to a
future and spiritual life; the lower
court held that Mrs. Hiltons claim was
preposterous, especially in view of the
fact that for twenty-eight years she
had been the wife of Hilton. raising a
large family and deciding property as
Mrs. Hilton. The supreme court, how
ever, decided that the sealing made
her Parks wife and entitled her to a
third of his estate. In a hearing they
confirmed this decision.
MIXED RELATIONSHIPS.
Thus the man and woman who had
no idea they were husband and wife.
the public which by act and deed had
supposed Mrs. Hilton the wife of the
man to whom she had reared a large
family, were all in the wrong. There
was no way In this case, and there can
be no way in any further case, for at
torneys to know who were man and
wife. Mrs. Hilton was not Mrs. Hill
ton, but Mrs. Park; and Mr.. Hilton,
with his large family, who thought
himself married man, was a single
man; and Dr. Park. the president of the
State university of Utah and state SUI
perintendent of public instruction. who
till his death supposed himself a bach
elor, was really a married man; and
one-third of all the property he had
given to the State university, as well
as all other he possessed. became the
property of Mrs. Hilton as Mrs. Park
AS the cost of title insurance is no
more than the ordinary charge for an
abstract and an attorneys fee, buyers
easily protect themselves against such
contingency by taking out a guaranty
policy. A company for this purpose
has long been in existence in Salt
Lake, and has as head of its
legal department United States Sen
ator George Sutherland. It's cap
ital Ga quarter Of a million dollars. paid
anty against defects and is made surety
under a contract binding in law TO
cover all losses. As It's name indicates,
The Home Trust & Savings company
Is composed OF home men and capital
to safeguard these home interests.
FORGED TITLES.
L he uScuSs UlOIISdSbS anu IcledSCG
forged by a former clerk of the SUI
preme court in Utah, who was also act
ing as a loan-broker and promoter,
have caused much loss to investors in
Salt Lake As defects in the line of
forgeries do not appear in the records
of the county, attorneys who examine
them are naturally miSled. These
cases are similar to the one in Illinois
reported in 100 Ills. 466, Pry VS.. Pry)
A deed to John w. Pry and Hamilton
Pry, who were minors, was left with
John Pry for them. He erased the
name of Hamilton Pry and the letter
"W'' in the name OF John w. Pry, then
placed the altered deed on record. He
then conveyed various portions to in
nocent purchasers without notice OF
erasure or forgery. The court decided
that the eraSureS were fOrgerieS and
the innocent purchasers took no title
In addition to the mischief caused by
the forgeries of the supreme court clerl
In Salt Lake, and scarcely less noted
were the fOrgeries Of p. j. Conway, {
prominent loan agent. who caused NJ
end of trouble and loss to innocent in.
vestors. Cases of insanity, undiscloseC
possession, unrecOrded contracts, i'm
proper delivery of deeds, wrongful in.
dicial sales, releases by trustee before
maturity and incorrect construction OF
WiIs-none of which defects would
show in the abstract-have arisen Il
inflict serious losses on innocent pur.
chasers. Such losses have to be stood
like a loss of fire, or one has TO insure
against them as he would against a los
by fire. The guaranty policies ISSUED
by The Home Trust & Savings com
pany are absolute security to the hold
er. When one purchases land the chiet
value is the title, not the soil The
title gives the right to occupy without
interference, the right to SELL transfer
and devise by within short, the right
to possess, enjoy and ALLEVIATE. There
fore, IT is important to every buyer OF
real estate that his title not only ap-
pear good on the surface, but that il
is guaranteed through an insurance
policy backed by the whole financial
strength of the corporation.
Thus, while many innocent investors
have, through no fault of their own
suffered great loss from bad titles here
those who have properly safeguardec
themselves with insurance have in
every case been protected When The
Home Trust & Savings company writes
guaranty policy, 1t guarantees thai
the title is goou. and Is required by its
contract and by the law to make II
good. One case in Salt Lake where the
title was attacked cost the Trust com
pany insuring 1t more In legal ex-
penses than the land was worth; but
the owner got his title confirmed with
out one cent of expense to himself
Stephen H. Lynch, the manager OF this
coOonanV which occupies the ground
floor of the Mccormick building, is an.
thority for the statement that title In
surance, averaged through the year
costs It's holders less than they would
have to pay for abstracts and exam
nation. With such protection, strang-
ers or home investors are as safe In
buying real estate In Salt Lake as they
would be In New York or Chicago
where no one ever thinks Of going with
out such insurance. With a big year
ahead in real estate, 1t is important
that investors should not be driven
away by our record Of defective titles