Winslow v. Rutherford
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit by W. C. Winslow, administrator of the estate of James Edsall Rutherford, deceased, against W. A. Rutherford, for an accounting. ■ The facts as disclosed at the trial are as follows: In the year 1905 T. W. Rutherford made and executed a deed of the following purport: “This indenture witnesseth: That I, T. W. Rutherford, of Salem, Oregon, for and in consideration of the sum of one dollar…
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From Marion: George H. Burnett, Judge. Statement by Mr. Justice McBride. This is a suit by W. C. Winslow, administrator of the estate of James Edsall Rutherford, deceased, against W. A. Rutherford, for an accounting. ■ The facts as disclosed at the trial are as follows: In the year 1905 T. W. Rutherford made and executed a deed of the following purport: “This indenture witnesseth: That I, T. W. Rutherford, of Salem, Oregon, for and in consideration of the sum of one dollar to me in hand paid, the receipt whereof is hereby acknowledged, have bargained and sold and by these presents do bargain,…
1Opinion of the CourtJustice McBride
1. The industry of counsel in this case has brought to our notice a mass of decisions bearing upon the construction of deeds of this character, where the language of the conveyance itself is doubtful or ambiguous. But, treated by those rules of construction, which for ages have been applied, we do not find any ambiguity in the conveyance before us, so far as it relates to the estate conveyed or the vesting of such estate, and therefore nothing that calls for extrinsic evidence to aid us in ascertaining the intent of the grantor. The words used, “do bargain, sell, and convey unto W. A.…
2Cases cited1 opinion
- Provenchere's AppealSupreme Court of Pennsylvania · 1871
3Cited by10 opinions
- Estes v. EstesTexas Commission of Appeals · 1924
- Dean v. First National BankOregon Supreme Court · 1959
- Cordon v. GreggOregon Supreme Court · 1939
- Fleming v. CasadySupreme Court of Iowa · 1926
- Stein v. United States National BankOregon Supreme Court · 1940
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