Manaudas v. Mann
Oregon Supreme Court
Appeal from Baker: Morton D. Clifford, Judge. This is a suit by Joseph Manaudas to have the defendant Mann declared a trustee of the south twenty feet of lot number two, block number two, in Fisher’s Addition to Baker City, to compel him to convey the same to plaintiff and to account for the rents and profits.
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Appeal from Baker: Morton D. Clifford, Judge. This is a suit by Joseph Manaudas to have the defendant Mann declared a trustee of the south twenty feet of lot number two, block number two, in Fisher’s Addition to Baker City, to compel him to convey the same to plaintiff and to account for the rents and profits. The facts are, that on December thirty-first, eighteen hundred and seventy-seven, Mann, being the owner of said lot number two, sold, and by bond for a deed agreed to convey, the same to the plaintiff upon the payment of three hundred dollars, the balance of the purchase price, within…
1Opinion of the Court
Opinion by
Mr. Justice Bean.
There are but two questions presented by this record, and they are: (1) Was the sale by Heilner & Cohn to Mann made by the direction and consent of the plaintiff; and (2) if not, was Mann a bona fide purchaser for value without notice? Both these are pure questions of fact, and while the findings of the referee and court below are in favor of the defendants, we have reached the conclusion, after a careful examination, that such findings are not sustained by the testimony. The defense that the sale was authorized by the plaintiff is made in this case for the first…
2Cases cited1 opinion
- Manaudas v. HeilnerOregon Supreme Court · 1885