Simpkins v. Windsor
Oregon Supreme Court
Plaintiff appeals. The respondent, Benjamin Windsor, commenced an action of ejectment against the appellant to recover an undivided interest in the land in controversy. The appellant at the time of filing his answer in that action filed his cross-bill under section 381, Hill’s Code.
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Plaintiff appeals. The respondent, Benjamin Windsor, commenced an action of ejectment against the appellant to recover an undivided interest in the land in controversy. The appellant at the time of filing his answer in that action filed his cross-bill under section 381, Hill’s Code. The facts about which there is no controversy are briefly these: That George K. Gay and his wife acquired a donation land claim of six hundred and forty acres in Polk county, Oregon; that thereafter Mrs. Gay died intestate in said Polk county, leaving seven children surviving her as her only heirs at law, and also…
1Opinion of the Court
Strahan, O. J.
The real controversy in this case is, whether or not the name of Mary A. Gay, fourth wife of George K. Gay, was fraudulently and surreptitiously inserted in L. G. Forrest’s deed of November 12,1881, to Henry Gay and Louisa Gervais as a grantee therein. This is the only question in the case, and the only point about which there is any contention. That deed is before the court, and has been carefully inspected and examined in the light of what appears upon its face and the other evidence in the case. Mrs. Gave, formerly Louisa Gervais, and Henry S. Gay were witnesses in this case…
2Cases cited2 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Hyland v. HylandOregon Supreme Court · 1890
3Cited by27 opinions
- Jennings v. LentzOregon Supreme Court · 1908
- Cantwell v. BarkerOregon Supreme Court · 1912
- Bonelli v. BurtonOregon Supreme Court · 1912
- Hornefius v. WilkinsonOregon Supreme Court · 1908
- Advance Thresher Co. v. EstebOregon Supreme Court · 1902
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