Lewis v. Lewis
Oregon Supreme Court
Appeal from Polk County. The plaintiff filed a complaint in ejectment, and the answer sets up wliat is relied upon as an equitable defense.
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Appeal from Polk County. The plaintiff filed a complaint in ejectment, and the answer sets up wliat is relied upon as an equitable defense. It is admitted that in 1855 the defendant, being the owner of a land claim embracing the premises in controversy, sold a part of it at six dollars per acre and executed a deed, under which the plaintiff claims, to Ira A. Hooker, the plaintiff’s grantor, conveying to Hooker the southwest part of the land claim by the following descriptive words: Beginning at the southwest corner of the land claim and “running thence north 1°, 21' east fifty-nine chains to…
1Opinion of the Court
By the Court,
Upton, J.:
The answer in this case does not specifically point out in what particular there is a mistake in the deed sought to be reformed, but describes by metes and bounds a tract fifty-four and one-half chains in length, north and south, as the tracts actually sold, and avers that by mistake the deed was so drawn as to include the premises in controversy. The record shows that the only controverted question of fact on the trial related to the locality of the stakes set up by the parties on the day of the execution of the deed, as monuments of the northwest and northeast corners…
2Cases cited4 opinions
- Baldwin v. . BrownNew York Court of Appeals · 1857
- Root v. StuyvesantNew York Supreme Court · 1837
- Preston's Heirs v. BowmarSupreme Court of the United States · 1821
- Jackson ex dem. Ellice v. BrittonNew York Supreme Court · 1830
3Cited by5 opinions
- Albert v. SalemOregon Supreme Court · 1901
- Weiss v. Oregon Iron & Steel Co.Oregon Supreme Court · 1886
- Watkins v. ChildsSupreme Court of Vermont · 1907
- Raymond v. CoffeyOregon Supreme Court · 1873
- Ramsey v. LoomisOregon Supreme Court · 1877