De Roboam v. Schmidtlin
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Chibe Justice Bean. This is a suit in equity filed by plaintiff to establish his title to certain real estate in Jackson County against the claim of defendant, Augustine Schmidtlin. On April 14, 1884, Jane Holt died intestate, leaving surviving her a husband, George W. Holt. At the time of her death she was the proprietor, and she and her husband were the owners by joint deed, of the Hnited States Hotel in Jacksonville.
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From Jackson: Hiero K. Hanna, Judge. Statement by Mr. Chibe Justice Bean. This is a suit in equity filed by plaintiff to establish his title to certain real estate in Jackson County against the claim of defendant, Augustine Schmidtlin. On April 14, 1884, Jane Holt died intestate, leaving surviving her a husband, George W. Holt. At the time of her death she was the proprietor, and she and her husband were the owners by joint deed, of the Hnited States Hotel in Jacksonville. This property was at the time encumbered by mortgages and judgment liens amounting to practically its full value. The…
1Opinion of the CourtChief Justice Bean
The legal title of the property in controversy passed to Mrs. De Roboam by her purchase at the foreclosure sale, and the subsequent execution and delivery to her of a sheriff’s deed therefor. She did not convey it during her lifetime. Prima facie therefore the title passed to defendant under her will. Plaintiff insists, however, that the purchase was made by his wife for his benefit, and that he paid the purchase price, and the title taken in her name under an agreement, whereby a resulting trust was created in his favor.
1. The questions for decision therefore are, whose money paid for the…
2Cases cited5 opinions
- Barger v. BargerOregon Supreme Court · 1897
- Parker v. NewittOregon Supreme Court · 1890
- Sisemore v. PeltonOregon Supreme Court · 1889
- Taylor v. MilesOregon Supreme Court · 1890
- Snider v. JohnsonOregon Supreme Court · 1894
3Cited by14 opinions
- Bowmaster v. CarrollCourt of Appeals for the Eighth Circuit · 1928
- Huffstutter v. LindOregon Supreme Court · 1968
- Holohan v. McCarthyOregon Supreme Court · 1929
- SHIPE v. HillmanOregon Supreme Court · 1955
- Hughes v. HelzerOregon Supreme Court · 1947
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