Daily capital journal. (Salem, Oregon) 1903-1919, 1905-12-04
MARQUAM
LOSES
HIS SUIT
Supreme Court Decides In
Favor of the Title Guar
anty and Trust Co.

The state supreme court, all three
justices concurring, this morning re.
versed the decision Of the Multnomah
circuit court in the case Of P. A. Mar.
guam against the Title Guaranty and
Trust Company, both Of Portland, and
dismissed the case The decision in ef
feet settles the case, and finally Sc.
cures to the Title Guaranty Company
the $1,000 in property the corpora.
tion secured from Marquam while act.
ing as his trustee.
Marquam has lost his property
through a legal quibble, and after II
years Of constant litigation meets
final failure The property in DIS.
pute includes the block and land in
Portland on part Of which Is situated
tho magnificent Marquam building, the
old Marquam building, and a number
Of minor structures There is also in.
volved title 10 much suburban realty.
The opinion is by wolverton.
Marquam still has the ghost Of
chance TO fight for his property. It is
by fling a petition for a rehcaring
before the supreme court, which may
be granted by the court, with Justice
HALEY on tho bench instead Of VOL.
verton. II he can secure a reopcninR
Of tho case Il may bring about a 70
consideration Of tho decision which will
finally give him his property.
BY the retirement Of wolverton, jus
tiee Bean becomes chief justice.
The harquam case, a. the litigation
has become known 90 tho Oregon pub
lie, was ono Of tho most famous civil
causes In tho history Of tho state
courts. Involving moro than tl .oOO..
600 In gilt-odgo property In the heart
Of Tho city Of Portland, II has been
fought In tho courts for over ten yoara /
Tho public have always taken a deep
Interest In tho case, on account OF its
magnitude, and tho prominence OF the
eohtending parties.
7. A. Marqpam, sr., who erected tho
Portland building which bears his j
name, and who was tho owner Of the
entire block Of property on which tho
structure stands, was one Of the pion,
ee's Of Portland. when he finished
building tho structure he was consider
ably In debt, and therefore, through
tho Title Guarantee and Trust Com
pany, controlled by tho Ladds, nego.
dated a mortgage on tho property with
tho New York Insurance Company
The sum, upwards Of t350.O00, repre-.
sented but fraction Of the value OF
the property
Some time later, hndihg himself un-
able 20 pay tho principal Of the mort,
gage, he placed his property In the
hands Of tho Title Guaranty and Trust
Company, 20 DO merged for him by
tho corporation, which was 20 collect
rents, pay interest aud in other ways
act as owner Of tho building and lands
In dispute, though only holding a deed
Of trust from the real owner. II
In the meantime tho large mortgage
on the property had been foreelossd.
Al forced sale Of the property J. ]
fhornbuFn Ross, representing the Title J
Guaranty and Trust Company, bid in
the property for tho amount OF the Il
amount Of the mortgage He later
turned the property over 10 the trust ]
company,
The MaFquams instantly commenced
'uit, They hFst fought 20 have the
foreclosure set aside, but were defeat.
ID on this contention, after having
'arried the case through 20 a decision
10 the state supreme court.
A new suit was commenced, based as
, cause Of action on the legal point
hat the trust company had betrayed
iheir trust, and, while acting for a
ilient, and holding his property
through n trust deed, could not legally
1id in the property a a foreclosure
ale. This second suit was heard by
Judge sears OF the MultnOmah county
'ireuit court, ana was decided in the
Aarquams' favor. II was then ap.
'ealed to the state supreme court by
he trust company.
The decision Of today finally decides n
he question Of ownership Of the prop