Hamilton v. Holmes
Oregon Supreme Court
From Benton: James M. Hamilton, Judge. Statement by Mr. Justice Moore. This is a suit by James E. Hamilton, as sole heir of his mother, Anna Hamilton, deceased, against Webster Holmes and W. H. Holmes to have an absolute deed executed by her to Webster Holmes declared to be a mortgage and for an accounting.
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From Benton: James M. Hamilton, Judge. Statement by Mr. Justice Moore. This is a suit by James E. Hamilton, as sole heir of his mother, Anna Hamilton, deceased, against Webster Holmes and W. H. Holmes to have an absolute deed executed by her to Webster Holmes declared to be a mortgage and for an accounting. The facts are that the defendants, who are attorneys, were employed by Mrs. Hamilton to institute a suit for her against her husband, John Hamilton, for a dissolution of the marriage contract and for a settlement of property rights; and, as she had no money to pay therefor, she agreed to…
1Opinion of the CourtJustice Moore
The defendants, as witneses in their own behalf, testified that when retained by Mrs. Hamilton she represented to them that her father had been the owner of the north half of a donation land claim in Benton County, containing in all 319.85 acres, and that she had been the owner of an undivided one-tMrd of *456the south half thereof, the other interests therein being owned by two sisters; that her father moved to California, where he became ill, and she with her family went to that state to care for him, and while there her husband, without any consideration therefor, induced her father to execute…
2Cases cited7 opinions
- Bingham v. SaleneOregon Supreme Court · 1887
- Swank v. SwankOregon Supreme Court · 1900
- Carnagie v. DivenOregon Supreme Court · 1897
- Dean v. DeanOregon Supreme Court · 1902
- Duclos v. WaltonOregon Supreme Court · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Wade v. NorthupOregon Supreme Court · 1914
- Phipps v. WillisOregon Supreme Court · 1908
- Coleman v. ColemanOregon Supreme Court · 1917
- Deckenbach v. DeckenbachOregon Supreme Court · 1913
- Kirchoff v. BernsteinOregon Supreme Court · 1919
5 more not listed; retrieve them via the Exa API.