Burns v. Kennedy
Oregon Supreme Court
From Curry: James W. Hamilton., Judge. Statement by Mr. Justice Bakin. This is a suit by E. B. Burns against Frances M. Kennedy and husband and R. D. Hume to quiet the title to a lot in Gold Beach. There was a decree for plaintiff, and defendant appeals.
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From Curry: James W. Hamilton., Judge. Statement by Mr. Justice Bakin. This is a suit by E. B. Burns against Frances M. Kennedy and husband and R. D. Hume to quiet the title to a lot in Gold Beach. There was a decree for plaintiff, and defendant appeals. Plaintiff, being in possession of the lot in question under a lease and option to jrarchase did, on February SO, 1902, purchase from the defendant Mrs. Kennedy an undivided half interest therein, and on that day she conveyed the same to him. Thereafter, on May 1G, 1902, she came to Burns, claiming that there was an error in the deed, in that…
1Opinion of the Court
*590Opinion by
Mr. Justice Eakin.
1. Defendant insists npon the demurrer to the complaint, in that it does not sufficiently allege the conspiracy or fraud, but the complaint is not fatal to the demurrer. It alleges want of delivery of the deed from Burns to Kennedy, which is alone a sufficient ground for recovery. It does allege fraud on the part of Kennedy; and, if the defendant Hume took title with notice of such fraud ox of such facts as would charge him with notice, it is also sufficient on the ground of fraud whether there was •consjuracy or not, and the facts for such issues are sufficiently…
2Cases cited12 opinions
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- Merriam v. Victory Mining Co.Oregon Supreme Court · 1900
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3Cited by17 opinions
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- Webb v. StewartOregon Supreme Court · 1970
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