Abernethy v. Orton
Oregon Supreme Court
From Yamhill:. Henry H. Hewitt, Judge. This is a suit by C. H. Abernethy and others against Iri Orton to impress a lien upon an interest in real property.
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From Yamhill:. Henry H. Hewitt, Judge. This is a suit by C. H. Abernethy and others against Iri Orton to impress a lien upon an interest in real property. The transcript shows that on January 24, 1891, the defendant, Iri Orton, for the expressed consideration of $500, executed to his daughter, Elizabeth A. Abernethy, a deed conveying the S. y¿ of the donation land claim of John J. and Elmira J. Davis, in Yamhill County, Oregon — reserving to himself, however, a life estate therein — of which premises he has at all times since said date had the exclusive possession. Mrs. Abernethy, on December…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendant’s counsel that plaintiffs had a plain, speedy, and adequate remedy at law for the recovery of the taxes paid by them, and, this being so, a court of equity had no jurisdiction of the subject-matter, and that the demurrer interposed on that ground should be sustained. In this state, though the same judge presides over courts of law and of equity, they are separate tribunals; and the rule is settled by repeated adjudications that when the right involved is of such a character that a court of law is authorized to take cognizance of it and to afford a plain,…
2Cases cited12 opinions
- Clark v. MiddlesworthIndiana Supreme Court · 1882
- Sidenberg v. . ElyNew York Court of Appeals · 1882
- State v. KnightenOregon Supreme Court · 1901
- Cairns v. ChabertNew York Court of Chancery · 1839
- Phelan v. BoylanWisconsin Supreme Court · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- In Re Stout's EstateOregon Supreme Court · 1935
- Spores v. MaudeOregon Supreme Court · 1916
- Osuna v. AlbertsonCalifornia Court of Appeal · 1982
- Skyles v. KincaidOregon Supreme Court · 1928
- Jones v. JacksonOregon Supreme Court · 1952
9 more not listed; retrieve them via the Exa API.