Legal Opinion

Ramsey v. Loomis

Oregon Supreme Court

Decided December 15, 1877PublishedCited by 9 opinions

Appeal from Multnomah County. This is a suit brought by the respondent to reform two deeds, one made April 14, 1855, by one James Loomis (now deceased) to Perry Baker, the other made March 7, 1856, by Perry Baker to Thomas Carter. It was brought against the grantees in the two deeds and the heirs at law of James Loomis, deceased. In October, 1854, Loomis filed his notification upon a section of land.

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Appeal from Multnomah County. This is a suit brought by the respondent to reform two deeds, one made April 14, 1855, by one James Loomis (now deceased) to Perry Baker, the other made March 7, 1856, by Perry Baker to Thomas Carter. It was brought against the grantees in the two deeds and the heirs at law of James Loomis, deceased. In October, 1854, Loomis filed his notification upon a section of land. The land was surveyed by an officer of the land-office on the thirteenth of December, 1858, and the survey was approved by the surveyor-general on the twenty-seventh of July, 1860. Loomis having…

1Opinion of the Court

By the Court, Boise, J.:

The first point presented in this case, is whether the allegations in the complaint are sufficient to show a cause of suit. The complaint sets out the description of the land as contained in the defective deed, and then says that it was the intention of the grantors to convey a parcel of land, not as described in the deed, but having a description which is given, and alleges that the description in the deed does not describe the land intended to be conveyed; that the parties supposed the deed did convey the land bounded by the alleged true description. All that is…

2Cases cited4 opinions

  1. Dolph v. BarneyOregon Supreme Court · 1874
  2. Raymond v. CoffeyOregon Supreme Court · 1873
  3. Lewis v. LewisOregon Supreme Court · 1871
  4. Fitzpatrick v. DuboisU.S. Circuit Court for the District of Oregon · 1873

3Cited by9 opinions

  1. ROHNER ET UX v. NevilleOregon Supreme Court · 1961
  2. Coates v. SmithOregon Supreme Court · 1916
  3. Sellwood v. HennemanOregon Supreme Court · 1900
  4. Hale v. CottleOregon Supreme Court · 1892
  5. Spores v. MaudeOregon Supreme Court · 1916

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