Pennoyer v. Wadhams
Oregon Supreme Court
Clatsop county: Frank J. Taylor, Judge. One defendant appeals. This is a suit in equity to foreclose a mortgage of $4,000, executed by Truman P. Powers, in his life-time, upon a tract of land containing eighty acres adjoining Upper Astoria and six blocks in Upper Astoria. The complaint is in the usual form.
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Clatsop county: Frank J. Taylor, Judge. One defendant appeals. This is a suit in equity to foreclose a mortgage of $4,000, executed by Truman P. Powers, in his life-time, upon a tract of land containing eighty acres adjoining Upper Astoria and six blocks in Upper Astoria. The complaint is in the usual form. The defendant Wadhams answers separately, alleging that he is the holder in trust of the legal title to a certain portion of the real estate described in the mortgage for the use and benefit of the First Presbyterian Church of Upper Astoria, in accordance with the last will and testament…
1Opinion of the CourtBean, J.
On March 12, 1883, Truman P. Powers executed his last will and testament, which among other devises and bequests, contained the following:
“Sixth, I give, devise and bequeath to Christian Leinenweber, of the town of Upper Astoria, Clatsop county, Oregon, *276and William Wadhams, of the city of Portland, Multnomah county, Oregon, and the survivor of them, unless the same shall be conveyed by me prior to my death, blocks Nos. 57, 49, 85 and 99, and lots Nos. 8 and 4, in block No. 37, in the town of Upper Astoria, Clatsop county, Oregon, as laid out and recorded by John Adair, and twenty acres of…
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