Stout v. Van Zante

The plaintiff and her husband were the owners of real property in Sherman County, Oregon, under a conveyance made to them while husband and wife. .They sold and conveyed the land, taking, for a part of the purchase money, notes made payable to both of them, which are secured by a mortgage upon the land. The husband died testate and the defendant is executor of the will. The notes, for the purposes of administration, are in the possession of the executor, and were listed in the inventory and appraisement as belonging, in equal shares, to the plaintiff and the estate. ' Claiming to be the sole…