King v. Boyd
Oregon Supreme Court
Appeal from Multnomah County. On the 9th day of November, 1869, Wm. M. King, a resident of the city of Portland, died intestate, and respondents, James W. King and J. P. O. Lownsdale, were, on the 4th day of February, 1870, duly appointed administrators of his estate. On the 8th day of October, 1869, said Wm. M. King, for the expressed consideration of $3000, conveyed by deed of warranty lots Nos. 1, 2, 3 and 4 in block No. 221, in the city of Portland to appellant Boyd.
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Appeal from Multnomah County. On the 9th day of November, 1869, Wm. M. King, a resident of the city of Portland, died intestate, and respondents, James W. King and J. P. O. Lownsdale, were, on the 4th day of February, 1870, duly appointed administrators of his estate. On the 8th day of October, 1869, said Wm. M. King, for the expressed consideration of $3000, conveyed by deed of warranty lots Nos. 1, 2, 3 and 4 in block No. 221, in the city of Portland to appellant Boyd. Bespondents allege that appellant fraudulently obtained the execution of said deed; that said King at the time of such…
1Opinion of the Court
By the Court,
Bonham, J.:
Although after the overruling of the demurrer, an answer filed in this case and a trial had upon the merits, resulting in favor of the claim of respondent, yet it is conceded that if the demurrer was in the first place well taken, it may be insisted upon, and would operate as a reversal and a dismissal of this cause upon appeal. (Civil Code, § 70.)
The question in this case is, has an administrator authority, by virtue of his office or position as such, to litigate questions of title, concerning the real estate of his decedent, upon a showing such as is set out in…
2Cited by13 opinions
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Shannon v. LongSupreme Court of Alabama · 1912
- Brown v. LairdOregon Supreme Court · 1930
- State v. GauntOregon Supreme Court · 1885
- Lewon v. HeathNebraska Supreme Court · 1898
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