Murray v. Murray
Oregon Supreme Court
Appeal from Lane County. This is an action by Thomas Murray to recover the possession of certain real estate of which he claims to own an undivided one-tliird, as tenant in common with his two sisters, Ellen and Jane. Thomas Murray and his sisters named, are the children of John Murray, deceased, by a first marriage- — -Winnifred Murray being their mother. Thomas claims as the heir at law of John Murray.
Read the full summary
Appeal from Lane County. This is an action by Thomas Murray to recover the possession of certain real estate of which he claims to own an undivided one-tliird, as tenant in common with his two sisters, Ellen and Jane. Thomas Murray and his sisters named, are the children of John Murray, deceased, by a first marriage- — -Winnifred Murray being their mother. Thomas claims as the heir at law of John Murray. The property in dispute is the latter’s half of a donation under the act of congress known as “The donation act.” The respondent, Mary Ann Murray, is the alleged second wife of John Murray,…
1Opinion of the Court
By the Court, Shattuck, J.:
The view taken by the court in this case renders it unnecessary to consider any of the matters inserted by the bill of exceptions, excepting those presented by the instructions asked by the defendants and given by the court. These instructions were in these words: “The legal effect of the decree read in evidence in the cause of John Murray v. Winnifred Murray was to dissolve the marriage relation then existing between them. It left both of them free to contract other marriage relations if they saw proper to do so.”
*22“In case of two conflicting presumptions, namely,…
2Cases cited7 opinions
- Kerr v. . KerrNew York Court of Appeals · 1869
- People v. DawellMichigan Supreme Court · 1872
- Caldwell v. . MurphyNew York Court of Appeals · 1854
- Hoffman v. . HoffmanNew York Court of Appeals · 1871
- Heatherly v. HadleyOregon Supreme Court · 1869
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Rodda v. RoddaOregon Supreme Court · 1948
- White v. Portland Gas & Coke Co.Oregon Supreme Court · 1917
- Lane v. KingsberrySupreme Court of Missouri · 1848
- Smith v. WhitingOregon Supreme Court · 1910
12 more not listed; retrieve them via the Exa API.