Osborn v. Ketchum
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is a suit by Louisa P. Osborn against Ketchum and Holgate to reform a deed.
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Appeal from Benton: J. C. Fullerton, Judge. This is a suit by Louisa P. Osborn against Ketchum and Holgate to reform a deed. The facts show that the defendant M. B. Ketchum was the owner in fee of that portion of the west half of the donation land claim of John Phillips and wife, in Benton County, Oregon, lying south of a county road that runs north, seventy-five degrees west, from the east boundary of said tract, the southeast corner of which is twenty-two chains and sixty-five links south of the center of said county road; that he and the defendant Amanda Ketehum, his wife, on August…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. The plaintiff fails to allege that it was Critcherson's intention to purchase, or Ketchum’s to sell and convey, the real property mentioned in the amended description, or that there was any contract entered into between the said parties, or that the mistake, if any, in the execution of the deed, was mutual; and the defendants contend that on account of this failure to so allege the complaint does not state facts sufficient to constitute a cause of suit. It is true that in a suit to reform a deed for mutual mistake, the complaint should distinctly set forth the…
2Cases cited2 opinions
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
3Cited by14 opinions
- Welch v. JohnsonOregon Supreme Court · 1919
- Howard v. TettelbaumOregon Supreme Court · 1912
- Wolfgang v. Henry Thiele Catering Co.Oregon Supreme Court · 1929
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- Hughey v. SmithOregon Supreme Court · 1913
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