Jones v. Dove
Oregon Supreme Court
Appeal from Polk County. This was an action for the recovery of real property. Penny and another were the original defendants, but they claimed to hold under the present respondent, who was substituted in their stead. The appellant had a perfect chain of title from Bethuel Dove, the respondent, down to the last will and testament of one Oliver M. Hurt, deceased, through whom appellant claimed title.
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Appeal from Polk County. This was an action for the recovery of real property. Penny and another were the original defendants, but they claimed to hold under the present respondent, who was substituted in their stead. The appellant had a perfect chain of title from Bethuel Dove, the respondent, down to the last will and testament of one Oliver M. Hurt, deceased, through whom appellant claimed title. This will had been regularly admitted to probate by the county court of Jackson county, and the whole record was offered. The court below sustained an objection to its admission as evidence, for…
1Opinion of the Court
By the Court, McArthur, J.:
The points for review, consist mainly in the rulings of the court below in the exclusion of evidence. The appellant had presented a number of deeds showing a perfect chain of title in one Oliver M. Hurt, through whom she claimed title by last will and testament. The will had been admitted to probate by the county court of Jackson county, and the whole, record properly authenticated was offered in evidence, and excluded on the objection of respondent’s counsel. The reason for the ruling, it seems, was that the land in controversy did not appear upon the face of the…
2Cited by14 opinions
- Mansfield v. HillOregon Supreme Court · 1910
- In re John's WillOregon Supreme Court · 1896
- Hubbard v. HubbardOregon Supreme Court · 1879
- Richardson v. GreenCourt of Appeals for the Ninth Circuit · 1894
- Putnam v. JenkinsOregon Supreme Court · 1955
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