Allen v. Ayer
Oregon Supreme Court
Appeal from Benton: J. C. Fullerton, Judge. This is a suit by Morris Allen to set aside and cancel a deed from the plaintiff to one John L. Ayer, and also a deed from Ayer to defendant Long.
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Appeal from Benton: J. C. Fullerton, Judge. This is a suit by Morris Allen to set aside and cancel a deed from the plaintiff to one John L. Ayer, and also a deed from Ayer to defendant Long. The material facts, as disclosed by the testimony, are, that in July, eighteen hundred and ninety-three, the plaintiff listed for sale with Judge Chenoweth, who was then doing business as a real estate agent at Salem, a farm in Benton County, upon which he then, and has ever since, resided, consisting of five hundred and seventy-six acres. A few days thereafter Chenoweth received from Ayer an offer in…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The two leading questions in the case are, first, did the delivery of the deed to Ayer by Chenoweth under the circumstances detailed pass the title; and, second, if not, did the defendant Long obtain a title to the eighty acres by his purchase from Ayer without notice of the manner in which possession of the deed was obtained? It is elementary law that the delivery of a deed by the consent or with the acquiescence of the grantor is essential to pass title: 1 Devlin on Deeds, § 260. Without such a delivery it is ineffectual, although it may have been…
2Cases cited7 opinions
- Eyerts v. AgnesWisconsin Supreme Court · 1856
- Quick v. MilliganIndiana Supreme Court · 1886
- Harkreader v. ClaytonMississippi Supreme Court · 1879
- Gould v. WiseCalifornia Supreme Court · 1893
- Henry v. CarsonIndiana Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- Swank v. SwankOregon Supreme Court · 1900
- Tyler v. CateOregon Supreme Court · 1896
- Taylor v. JustIdaho Supreme Court · 2002
- Ewald v. HuftonIdaho Supreme Court · 1918
15 more not listed; retrieve them via the Exa API.