Haines v. Connell
Oregon Supreme Court
From Washington: Thos. 'A. -McBride, Judge. Statement by Mr. Chief Justice Bean. This is a suit by E. W. Haines against J. W. Connell, sheriff, and J. F. Schoch to remove a cloud from a title, and comes here on an appeal from a decree in favor of the plaintiff.
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From Washington: Thos. 'A. -McBride, Judge. Statement by Mr. Chief Justice Bean. This is a suit by E. W. Haines against J. W. Connell, sheriff, and J. F. Schoch to remove a cloud from a title, and comes here on an appeal from a decree in favor of the plaintiff. On April 22, 1902, F. T. Kane was the owner of the S. E. quarter of section 11, township 2 N., range 5 W. On that day he attempted to convey the same by warranty deed to the plaintiff, but, by mistake, the land was described as being in range 4 instead of 5. The deed was not recorded until July 11, 1904, and about that time plaintiff…
1Opinion of the CourtChief Justice Bean
It is contended by defendants that the deed from Kane to the plaintiff was intended as a mortgage to secure the payment of money, and therefore conveyed no interest or title in the property to Haines, and hence will not support a suit to remove a cloud from title; .and also that this suit was prematurely brought because the action of Schoch v. Kane, in which the writ of at-' tachment issued, had not passed to judgment at the time it was commenced. In view of the conclusion we have reached as to the merits of the controversy, it is not necessary to examine these questions, although they are…
2Cases cited12 opinions
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3Cited by7 opinions
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