Stephens v. Murton
Oregon Supreme Court
Appeal from Douglas County. This is a suit to reform and enforce a written instrument. The court below decreed the relief prayed for. The facts are stated in the opinion of the court.
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Appeal from Douglas County. This is a suit to reform and enforce a written instrument. The court below decreed the relief prayed for. The facts are stated in the opinion of the court. The following is the instrument sought to be reformed: “ This agreement made and entered into the twenty-second day of July, 1S72, between Josiah Stephens of the first part, and Stephen Murtón and James Walton of the second part, all of Douglas county and state of Oregon, witnesseth: That tire said Josiab Stephens for and in consideration of the yearly payment to him by the said Stephen Murtón, of the sum of…
1Opinion of the Court
By the Court, Boise, J.:
The facts as proven by the defendants in the case are about as follows: Stephen Murtón, one of the respondents, *195desired to rent or lease a farm of the plaintiff, and it was agreed by parol between Stephens, Murtón and Walton that Stephens should lease the farm to Murtón and that Walton would become security for Murtón to Stephens for the payment of the rent, and it was agreed that this agreement should be reduced to writing and executed by the parties.^ Then one Tustan drew up a lease from Stephens to Murtón and also an undertaking to be executed by Walton, whereby…
2Cases cited1 opinion
- Lamoreux v. Atlantic Mutual InsuranceThe Superior Court of New York City · 1854
3Cited by19 opinions
- Meier v. KellyOregon Supreme Court · 1890
- Mitchell v. HolmanOregon Supreme Court · 1897
- Thorton v. KrimbellOregon Supreme Court · 1895
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
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