Serles v. Serles
Oregon Supreme Court
From Union : Robert Eakin, Judge. This is an action by W. L. Series against Clara Series, S. C. Zuber, and John Hough, to recover damages for trespass in detaching and removing a dwelling house from the realty of the plaintiff. The verdict of the jury was for plaintiff in the sum of $400, and against the defendants Series and Zuber, and, judgment having been entered thereon, they appeal.
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From Union : Robert Eakin, Judge. This is an action by W. L. Series against Clara Series, S. C. Zuber, and John Hough, to recover damages for trespass in detaching and removing a dwelling house from the realty of the plaintiff. The verdict of the jury was for plaintiff in the sum of $400, and against the defendants Series and Zuber, and, judgment having been entered thereon, they appeal. At the trial of the cause plaintiff offered in evidence the record of a deed to the real property upon which the dwelling was situate, showing title in him, to which an objection was interposed upon the…
1Opinion of the CourtChief Justice Wolverton
1. It is first insisted that, as there was a denial of title, it became necessary for the plaintiff to prove ownership, and that, in order to prove title by deed, it was necessary to show its delivery. But a delivery may be inferred from circumstances. Thus, the signing, attested by witnesses, the acknowledgment of the grantor, and the recording of the deed, have been considered full prima facie evidence of delivery : Rigler v. Cloud, 14 Pa. St. 361; Jackson v. Perkins, 2 Wend. 308 ; Younge v. Guilbeau, 70 U. S. (3 Wall.) 636. It was entirely proper, under Section 3028, Hill’s Ann. Laws, to…
2Cases cited23 opinions
- Mt. Adams & E. P. Inclined Ry. Co. v. LoweryCourt of Appeals for the Sixth Circuit · 1896
- Metropolitan Railroad v. MooreSupreme Court of the United States · 1887
- Younge v. GuilbeauSupreme Court of the United States · 1866
- First National Bank v. WoodSupreme Court of Missouri · 1894
- People v. KnutteCalifornia Supreme Court · 1896
18 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Lakin v. Senco Products, Inc.Oregon Supreme Court · 1999
- Van Lom v. SchneidermanOregon Supreme Court · 1949
- Horton v. Oregon Health & Science UniversityOregon Supreme Court · 2016
- State v. EvansOregon Supreme Court · 1920
- Multnomah County v. Willamette Towing Co.Oregon Supreme Court · 1907
22 more not listed; retrieve them via the Exa API.