Griffith v. Griffith
Oregon Supreme Court
From Linn: William Galloway, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit brought by Ellen O. Griffith, as administratrix of the estate of John H. Griffith, deceased, and Ellen C. Griffith in her individual capacity, for the purpose of having the defendant Geo. F. Griffith declared a trustee of the title of certain real estate described in the complaint for the benefit of said estate.
Read the full summary
From Linn: William Galloway, Judge. Department 2. Statement by Mr. Justice Eakin. This is a suit brought by Ellen O. Griffith, as administratrix of the estate of John H. Griffith, deceased, and Ellen C. Griffith in her individual capacity, for the purpose of having the defendant Geo. F. Griffith declared a trustee of the title of certain real estate described in the complaint for the benefit of said estate. John H. Griffith and the plaintiff were married on July 12, 1909, and were not living happily together. On November 6, 1909, said John H. Griffith purchased the land in question, and had…
1Opinion of the CourtJustice Eakin
1-3. A wife upon marriage acquires, by virtue thereof, no interest in the personal property of her husband, and he has a right to dispose of it as he pleases without her consent; but by a transfer of his real estate he cannot defeat her dower therein. She has an inchoate dower only in lands to which he has the title. There is no dower in an equity, but the rule in Oregon is that where the wife occupies the position of a quasi creditor, as where she is suing to obtain alimony or separate maintenance, if there is an intent on the part of the husband to defeat the wife’s *227recovery in such suit or…
2Cases cited2 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Barrett v. BarrettOregon Supreme Court · 1875
3Cited by5 opinions
- BURNETT v. HatchOregon Supreme Court · 1954
- Bosma v. HarderOregon Supreme Court · 1919
- Gratton v. Gratton's EstateOregon Supreme Court · 1929
- BURNETT v. HatchOregon Supreme Court · 1954
- Havens v. CrandallSuperior Court of Rhode Island · 1929