Shively v. Welch
Oregon Supreme Court
Appeal from Clatsop County. The history of the case is fully set forth in the' opinion of the justice, Jurisdiction of courts of equity over questions of mistake. (Story Eq. Jur., volume 1, sections 151, 152, 155, 159; Story Eq., volume 2, sections 783, 784, 790, 1040, 1057.) On same point. (Hunter v. Bilyew, 30 Ill., 248; Lawyer et al., v. Hovey, 3 Allen, 331.)
1Opinion of the CourtKelsay, J.
The pleadings in this suit are the second amended complaint, the answer thereto and the replication to the answer. The complaint and answer raise two main issués: 1st. Did the appellants, on the 18th day of February, 1860, *289by mistake, insert and include in the conveyance, executed by them to respondent on that day, lots Nos. 5, 6, 1, 8 and 9 of block 114, in the town of Astoria, Clatsop county, Oregon, contrary to the intention of the parties ? 2d. Were the appellants the equitable owners of the lots just designated at the commencement of this suit? All the issues raised by the answer and…
2Cited by8 opinions
- Thorton v. KrimbellOregon Supreme Court · 1895
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Epstein v. State InsuranceOregon Supreme Court · 1891
- Smith v. CramOregon Supreme Court · 1925
- Shields v. VillarealCourt of Appeals of Oregon · 2001
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