Keady v. Martin
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. In Banc. Statement by Mr. Justice Burnett. Claiming to be tbe assignee of a right to dower in certain real property, L. Y. Keady, as plaintiff, brings this suit against Hattie L. Martin and Abe Doran to secure an admeasurement of that estate and to recover for the use and occupation thereof. His claim was resisted principally upon the ground that he was es-topped by a former deed of his immediate grantor.
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From Multnomah: William N. Gatens, Judge. In Banc. Statement by Mr. Justice Burnett. Claiming to be tbe assignee of a right to dower in certain real property, L. Y. Keady, as plaintiff, brings this suit against Hattie L. Martin and Abe Doran to secure an admeasurement of that estate and to recover for the use and occupation thereof. His claim was resisted principally upon the ground that he was es-topped by a former deed of his immediate grantor. From a decree dismissing the suit, the plaintiff has appealed. Other facts are stated in the opinion.
1Opinion of the CourtJustice Burnett
On October 8, 1896, J. M. Moyer, husband of the plaintiff’s grantor, conveyed the real property involved here to an assignee for the benefit of the creditors of Moyer. The latter’s wife did not join in that deed. On February 21, 1899, Moyer and his wife executed and acknowledged their joint deed to Jefferson Myers, the material parts of which are as follows:
“This indenture witnesseth: That J. M. Moyer and Elizabeth D. Moyer, his wife, for the consideration of the sum of five hundred dollars to them paid, have bargained, sold, and quitclaimed, and by these presents do bargain, sell and…
2Cases cited14 opinions
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- Gardner v. WrightOregon Supreme Court · 1907
- Balch v. ArnoldWyoming Supreme Court · 1899
- Thomas v. StickleSupreme Court of Iowa · 1871
- Carter v. Doe ex dem. ChaudronSupreme Court of Alabama · 1852
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3Cited by3 opinions
- City of Bend v. Title & Trust Co.Oregon Supreme Court · 1929
- United States National Bank v. MillerOregon Supreme Court · 1927
- Grasswick v. MillerMontana Supreme Court · 1928