Ladd v. Johnson
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a suit for the purpose of reforming a certain deed and instrument in writing, executed by A. H. Johnson to W. M. Ladd, by correcting a mistake in the description of the property intended to be included therein, and of restraining the sale of attached property in an action by the defendant White against Johnson.
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From Multnomah: Loyal B. Stearns, Judge. This is a suit for the purpose of reforming a certain deed and instrument in writing, executed by A. H. Johnson to W. M. Ladd, by correcting a mistake in the description of the property intended to be included therein, and of restraining the sale of attached property in an action by the defendant White against Johnson. The complaint, after alleging the death of Johnson, on April 16, 1894, the probate of his will, the appointment of the defendant Cordelia Johnson as executrix, and setting forth the names and ages of his heirs, avers, in substance, that…
1Opinion of the CourtJustice Bean
1. In support of the ruling of the court below it is claimed, in the first place, that the deed and agreement set out in the complaint created a mortgage to secure Johnson’s indebtedness to Ladd & Tilton and his other creditors, enforceable only in equity, and that the legal title to the property covered thereby remained in Johnson, subject to attachment. But we cannot agree with this contention. It is clear from the declaration of trust accompanying the conveyance that the transaction was intended by the parties as an unconditional conveyance to the plaintiff for the purpose of raising a…
2Cases cited16 opinions
- Hoffman, Burneston & Co. v. MackallOhio Supreme Court · 1855
- Thompson v. MarshallOregon Supreme Court · 1891
- Campbell v. Colorado Coal & Iron Co.Supreme Court of Colorado · 1885
- R. L. McDonald & Co. v. KelloggSupreme Court of Kansas · 1883
- Wing v. CooperSupreme Court of Vermont · 1864
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3Cited by8 opinions
- Neikirk v. Boulder National BankSupreme Court of Colorado · 1912
- Kinney v. SmithOregon Supreme Court · 1911
- Kollock v. BennettOregon Supreme Court · 1909
- Starr v. KaiserOregon Supreme Court · 1902
- Brecht v. Law Union & Crown Ins.U.S. Circuit Court for the District of Oregon · 1907
3 more not listed; retrieve them via the Exa API.