Legal Opinion

Senkler v. Berry

Oregon Supreme Court

Decided August 11, 1908PublishedCited by 19 opinions

From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Commissioner Slater. This action was brought by Olga Senkler, the divorced wife of Jacob Senkler, against Isaac L. Kimber, to recover the possession of an undivided one third of lot 8, in block 1, Salisbury Hill, Portland, Oregon.

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From Multnomah: Alfred F. Sears, Judge. Statement by Mr. Commissioner Slater. This action was brought by Olga Senkler, the divorced wife of Jacob Senkler, against Isaac L. Kimber, to recover the possession of an undivided one third of lot 8, in block 1, Salisbury Hill, Portland, Oregon. Kimber'was in possession as tenant of Frank T. Berry, the real owner, who was substituted as defendant and permitted to answer, which he did, denying plaintiff’s claim of ownership and alleging that he is the owner in fee of the entire lot. The reply put in issue defendant’s allegation of title in himself. At…

1Opinion of the Court

Opinion by

Mr. Commissioner SlAter.

1. It is now the settled law of this State, that in divorce proceedings the title to real property authorized to be awarded to the successful party by Section 511, B. & C. Comp., is not transferred by force of the statute, but by force of the decree; that to enable the court to act judicially on the subject of property in such cases, and to make a decree that shall have the effect of divesting the title to real property out of one of the parties to the suit and transferring it to another, it must appear in the pleadings, not only that such party from whom it…

2Cases cited5 opinions

  1. Cochran v. BakerOregon Supreme Court · 1899
  2. Bamford v. BamfordOregon Supreme Court · 1870
  3. Hall v. HallOregon Supreme Court · 1881
  4. Wetmore v. WetmoreOregon Supreme Court · 1875
  5. Ross v. RossOregon Supreme Court · 1891

3Cited by19 opinions

  1. Clinton v. Utah Construction Co.Idaho Supreme Court · 1925
  2. Harmon v. Grants Pass Banking & Trust Co.Oregon Supreme Court · 1911
  3. Caro v. WollenbergOregon Supreme Court · 1913
  4. Chance v. GrahamOregon Supreme Court · 1915
  5. Schoren v. SchorenOregon Supreme Court · 1924

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