Crow v. Abraham
Oregon Supreme Court
From Douglas: George F. Skipworth, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by Olive F. Crow as administratrix of the estate of E. J. Crow, deceased, against Albert Abraham individually and as executor of the last will and testament of Henry G. Crow, deceased, to recover money.
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From Douglas: George F. Skipworth, Judge. Department 2. Statement by Mr. Justice Moore. This is an action by Olive F. Crow as administratrix of the estate of E. J. Crow, deceased, against Albert Abraham individually and as executor of the last will and testament of Henry G. Crow, deceased, to recover money. The complaint charges that Henry G. Crow died testate in November, 1911, and his last will having been admitted to probate the defendant was duly appointed, and is now the legally qualified executor of such testament; that at the time of his death the testator was in possession and during…
1Opinion of the CourtJustice Moore
1, 2. It is contended that the decree of this court in Crow v. Crow, 70 Or. 534 (139 Pac. 854), was put upon the ground of the great delay of Henry Gr. Crow in asserting his right to the real property, which procrastination constituted laches and prevented the granting of the relief prayed for, whereupon the suit was dismissed; that such final determination was not a decision upon the merits, and hence errors were committed in rejecting the testimony offered to establish the adverse possession. To entitle a party successfully to invoke the plea of res adjudícala the decision of a prior suit…
2Cases cited11 opinions
- Cromwell v. County of SacSupreme Court of the United States · 1877
- United States v. California & Oregon Land Co.Supreme Court of the United States · 1904
- O'Hara v. ParkerOregon Supreme Court · 1895
- Glenn v. SavageOregon Supreme Court · 1887
- Rogers v. HigginsIllinois Supreme Court · 1870
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3Cited by21 opinions
- Flick v. CrouchSupreme Court of Oklahoma · 1967
- Bloomfield v. WeaklandOregon Supreme Court · 2005
- Clegg v. United StatesCourt of Appeals for the Tenth Circuit · 1940
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- Kelley Et Ux. v. Mallory Et Ux.Oregon Supreme Court · 1954
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