Bartel v. Lope
Oregon Supreme Court
Appeal from Multnomah County. This action is brought by Bartel, as the administrator of Nicholls, to recover certain personal property which belonged to Nicholls in his life-time. The defendant Lope alleged ownership in himself, and on the trial in the court below introduced au absolute bill of sale of the property by Nicholls to himself for an expressed consideration of two hundred and seventy dollars.
Read the full summary
Appeal from Multnomah County. This action is brought by Bartel, as the administrator of Nicholls, to recover certain personal property which belonged to Nicholls in his life-time. The defendant Lope alleged ownership in himself, and on the trial in the court below introduced au absolute bill of sale of the property by Nicholls to himself for an expressed consideration of two hundred and seventy dollars. On such trial the plaintiff, to establish the ownership of Nicholls, was allowed to prove that “it was generally believed” that Nicholls was the owner. He was also allowed to prove the…
1Opinion of the Court
By tbe Court, Boise, J.:
From the foregoing statement of tbis ease, several questions are presented for tbe consideration of tbis court.
1. Was it competent for tbe plaintiff to prove tbat tbe paper purporting to be a bill of sale from Nicholls to Lope was intended to be a mortgage ?.
Tbe plaintiff bad offered evidence tending to show tbat Nicbolls at tbe time of his death was tbe owner of tbe property in question. To rebut tbis and show tbat Lope was tbe owner, Lope offered tbis bill of sale. Tbis would be sufficient to show tbat Nicbolls bad sold tbe property to Lope. Now tbe question is,…
2Cases cited4 opinions
- Brown v. Bement & StrongNew York Supreme Court · 1811
- Lew Weinrich & Co. v. PorterSupreme Court of Missouri · 1871
- Hall v. TuttleNew York Supreme Court · 1832
- Wilson v. MaddockOregon Supreme Court · 1875
3Cited by12 opinions
- Moore v. NormanSupreme Court of Minnesota · 1890
- Pacific Biscuit Co. v. DuggerOregon Supreme Court · 1902
- Smith-Wogan Hardware & Imp. Co. v. BiceSupreme Court of Oklahoma · 1912
- Kelley v. ClarkIdaho Supreme Court · 1912
- Pulkrabek v. Bankers' Mortgage Corp.Oregon Supreme Court · 1925
7 more not listed; retrieve them via the Exa API.