Dray v. Dray
Oregon Supreme Court
Defendant appeals. This cause comes here on appeal from a decree of the circuit court of Union county in favor of the plaintiff and against the appellant requiring him to convey an undivided one-third of the land in controversy to the plaintiff within thirty days, or in default of such conveyance that the decree stand in lieu thereof and operate as such conveyance.
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Defendant appeals. This cause comes here on appeal from a decree of the circuit court of Union county in favor of the plaintiff and against the appellant requiring him to convey an undivided one-third of the land in controversy to the plaintiff within thirty days, or in default of such conveyance that the decree stand in lieu thereof and operate as such conveyance. The grounds upon which the court below proceeded in making this decree appear in the findings of the referee, which are as follows: 1. That Andrew Dray died intestate in Union county, Oregon, on the nineteenth day of May, 1887,…
1Opinion of the CourtStrahaN, C. J.
The appellant presented in the court below a number of exceptions to the referee’s report, which we need not notice seriatim. The exceptions to the referee’s findings of fact cannot be sustained. They appear to be based mainly on the ground that the evidence is incompetent because it tends to prove an agreement in relation to the transfer of land without writing. Some of the evidence is undoubtedly incompetent if it were relied upon for that purpose; but the transfer of the plaintiff’s title to the defendant under the particular circumstances of the case was sufficient to raise a resulting…
2Cited by18 opinions
- Flanders v. AumackOregon Supreme Court · 1897
- Haskin v. GreeneOregon Supreme Court · 1955
- Kaston v. StoreyOregon Supreme Court · 1905
- McQueeney v. ToomeyMontana Supreme Court · 1907
- Ulrich v. Lincoln Realty Co.Oregon Supreme Court · 1946
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