Cooper v. Thomason
Oregon Supreme Court
From Polk: Geo. H. Burnett, Judge. This is a suit by J. S. Cooper and others against W. J. Thomason and others, to compel the specific performance of a contract for the purchase of land, and to have a deed therefor declared void and cancelled. The material facts are that on March 3, 1893, the defendant H. Christian, being the owner in fee of a tract of land in Polk County, executed, with his wife, Emily Christian, and delivered to the plaintiff J..
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From Polk: Geo. H. Burnett, Judge. This is a suit by J. S. Cooper and others against W. J. Thomason and others, to compel the specific performance of a contract for the purchase of land, and to have a deed therefor declared void and cancelled. The material facts are that on March 3, 1893, the defendant H. Christian, being the owner in fee of a tract of land in Polk County, executed, with his wife, Emily Christian, and delivered to the plaintiff J.. S. Cooper, as trustee, a warranty deed therefor. On the 25th of the next month, in consideration of the payment of $1,000, and the execution of a…
1Opinion of the CourtJustice Moore
1. It is contended by counsel for the appellants that this is a suit to enforce a parol trust in lands, that the deed from Christian and wife to Cooper, “as trustee,” failed to declare an express trust, and that parol evidence was inadmissible to explain the nature and purposes of the instrument; while counsel for the respondents maintain that the trust has been executed by the trustee with the consent of the beneficiaries, and, this being so, the bar of the statute of frauds is removed, and the door is opened for the admission of parol evidence to establish the material terms of the trust.…
2Cases cited18 opinions
- Shaw v. SpencerMassachusetts Supreme Judicial Court · 1868
- Pell v. McElroyCalifornia Supreme Court · 1868
- Karr v. WashburnWisconsin Supreme Court · 1882
- Fairchild v. RasdallWisconsin Supreme Court · 1859
- Swift v. MulkeyOregon Supreme Court · 1886
13 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Allen v. HendrickOregon Supreme Court · 1922
- Woodworth v. FranklinSupreme Court of Oklahoma · 1921
- Barger v. BargerOregon Supreme Court · 1897
- Barrett v. SchleichOregon Supreme Court · 1900
- Levy v. YarbroughSupreme Court of Oklahoma · 1913
28 more not listed; retrieve them via the Exa API.