Legal Opinion

Lambert v. Smith

Oregon Supreme Court

Decided January 15, 1881PublishedCited by 16 opinions

Appeal from Yambill. Tbe facts are stated in tbe opinion. Appellant relies upon only one assignment of error, tbat is, that the court erred in rejecting the deed marked exhibit “ E,” and instructing the jury that it was void for want of consideration expressed. No objection was made to this deed other than that there was no consideration expressed in it.

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Appeal from Yambill. Tbe facts are stated in tbe opinion. Appellant relies upon only one assignment of error, tbat is, that the court erred in rejecting the deed marked exhibit “ E,” and instructing the jury that it was void for want of consideration expressed. No objection was made to this deed other than that there was no consideration expressed in it. (On this point see 8 Or., 428; 60 Oal., 429, 450; 52 Cal., 496, 672.) And if the only object of expressing a consideration in a deed of bargain and sale, after the statute of uses, was to prevent a resulting trust in the grantor, this is no…

1Opinion of the Court

By the Court,

Lord, C. J.:

The facts in this case are that the plaintiff brought an action in the usual form to recover certain real property described in the complaint. The answer of the defendant denies all the allegations in the complaint, and alleges, separately, that he is the owner in fee simple and in possessson of said premises. The reply denies the new matter set up in the answer.

The cause was tried before a jury, who, under instructions of the court, returned a verdict for the plaintiff.

The bill of exceptions shows that the plaintiff introduced as evidence a deed from Jonathan Smith…

2Cases cited2 opinions

  1. Frink v. GreenNew York Supreme Court · 1849
  2. Ocheltree v. McClungWest Virginia Supreme Court · 1874

3Cited by16 opinions

  1. Halleck v. HALLECKOregon Supreme Court · 1959
  2. Vann v. Edwards.Supreme Court of North Carolina · 1904
  3. Evenson v. WebsterSouth Dakota Supreme Court · 1892
  4. State v. KelliherOregon Supreme Court · 1907
  5. Cross v. Weare Commission Co.Illinois Supreme Court · 1894

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