Kollock v. Bennett
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Me. Justice King. This suit was brought under Section 516, B. & C. Comp., to quiet title to the west % of the southeast % of section 15, and the west V2 of the east of section 22, all in township 25 south, range 13 west, in Coos County. ■ The complaint is in the usual form. Service of summons was had by publication, and default taken as to the Belt Line Railway Company.
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From Coos: James W. Hamilton, Judge. Statement by Me. Justice King. This suit was brought under Section 516, B. & C. Comp., to quiet title to the west % of the southeast % of section 15, and the west V2 of the east of section 22, all in township 25 south, range 13 west, in Coos County. ■ The complaint is in the usual form. Service of summons was had by publication, and default taken as to the Belt Line Railway Company. J. H. Bennett and C. F. Humphrey answered denying plaintiff’s ownership and possession, and set up an affirmative defense, the essential averments of which are: That on or…
1Opinion of the CourtJustice King
From the synopsis of the issues, it will be observed that the points in controversy are narrowed to the contention on the part of appellants, controverted by respondent, that the deeds to Kollock were intended as mortgages only;, while, with reference to appellants’ deeds, respondent asserts, but appellants deny, that they were executed without consideration, were not delivered, and are void. After a careful examination of the record, including the testimony adduced, we fully concur in the, findings and conclusions of the trial court. It is conceded that each of the parties deraigned title…
2Cases cited9 opinions
- Cooper v. ThomasonOregon Supreme Court · 1896
- King v. MillerOregon Supreme Court · 1908
- Ladd v. MillsOregon Supreme Court · 1904
- Holmes v. WolfardOregon Supreme Court · 1905
- Wright v. Conservative Invest. Co.Oregon Supreme Court · 1907
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3Cited by5 opinions
- Mascall v. MurrayOregon Supreme Court · 1915
- Gray v. BeardOregon Supreme Court · 1913
- Coy v. Title Guarantee & Trust Co.District Court, D. Oregon · 1919
- Furuset v. MaysOregon Supreme Court · 1919
- Rothchild Bros. v. KennedyOregon Supreme Court · 1917