Tyler v. Cate
Oregon Supreme Court
From Grant: Morton D. Clifford, Judge. This is a suit by A. Tyler against James Cate and B. F. Grant to quiet the title to real property, and to enjoin a trespass thereon.
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From Grant: Morton D. Clifford, Judge. This is a suit by A. Tyler against James Cate and B. F. Grant to quiet the title to real property, and to enjoin a trespass thereon. The material facts are that the defendant James Cate, claiming to be in possession under the mineral laws of the United States of the northwest quarter of the southwest quarter of section thirty-five, in township seven, south of range thirty-five and one half east of the Willamette Meridian, in Grant County, and being the owner of a ditch and water right appurtenant thereto, listed the same for sale with one E. S. McComas,…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The counsel for plaintiff contend that the title to the property passed by the delivery of the deed to Lichtenthaler, whether such delivery was induced by fraud or otherwise, and hence such deed 'was voidable only, and the defendants, not having tendered any amount to the plaintiff as a prerequisite to the cancellation of the deeds, the court was powerless to grant this equitable relief; while the defendants’ counsel maintain that the deed to Lichtenthaler was deposited with McComas to be delivered upon the performance of certain conditions, which have never been…
2Cases cited19 opinions
- Southern Life Insurance & Trust Co. v. ColeSupreme Court of Florida · 1852
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Fain v. SmithOregon Supreme Court · 1886
- Morrison v. KellyIllinois Supreme Court · 1859
- Settle v. WintersIdaho Supreme Court · 1886
14 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Halleck v. HALLECKOregon Supreme Court · 1959
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- De Bow v. WollenbergOregon Supreme Court · 1908
- Burns v. KennedyOregon Supreme Court · 1907
- Fitzgerald v. AllenIllinois Supreme Court · 1909
18 more not listed; retrieve them via the Exa API.