Vogt v. Marshall-Wells Hardware Co.
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. This is a suit to quiet title to 60 acres of real estate situated in Marion County, and to certain town lots situated in the town of Pratum in the same county.
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From Marion: William Galloway, Judge. Department 2. This is a suit to quiet title to 60 acres of real estate situated in Marion County, and to certain town lots situated in the town of Pratum in the same county. The controversy arises from the following circumstances : On April 8, 1916, the defendant Marshall-Wells Hardware Company recovered a judgment against the Abaqua Lumber Company, J. F. Hertzler and D. A. Vogt, the husband of plaintiff, for the sum of $1,568.83, with an attorney’s fee of $150, and costs of action, and caused the property described in the complaint to be levied upon by…
1Opinion of the CourtMcBEIDE, C. J.
1, 2. After a careful consideration of the testimony we agree with the Circuit Court in finding that the lands in question were purchased with plaintiff’s money, and the fact that the conveyances were made to the husband was not the result of any desire or direction on her part to that end, but was through inadvertence, the consequences of which she sought to have corrected as soon as she became aware that the conveyances placed the legal title in the name *462of her husband. Upon this branch of the case we think the evidence well-nigh conclusive. The reply set forth with great particularity the…
2Cases cited15 opinions
- Schroeder v. WalshIllinois Supreme Court · 1887
- S. Marks & Co. v. CrowOregon Supreme Court · 1887
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Barger v. BargerOregon Supreme Court · 1897
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3Cited by5 opinions
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- First National Bank v. AllenOregon Supreme Court · 1923
- Allen v. DodgeOregon Supreme Court · 1921