Sisemore v. Pelton
Oregon Supreme Court
Appeal from a decree of the circuit court for the county of Jackson, dismissing the appellant’s complaint. The appellant commenced a suit against the respondent in said circuit court, to have a resulting trust declared in his favor in a certain parcel of land, consisting of 160 acres, situated in what is known as Sam’s Valley, Jackson County, Oregon, and designated as the Hyde ranch.
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Appeal from a decree of the circuit court for the county of Jackson, dismissing the appellant’s complaint. The appellant commenced a suit against the respondent in said circuit court, to have a resulting trust declared in his favor in a certain parcel of land, consisting of 160 acres, situated in what is known as Sam’s Valley, Jackson County, Oregon, and designated as the Hyde ranch. The land is the northeast quarter of section 36, township 35 south, range 3 west, and was formerly school land belonging to the state of Oregon. It appears that one Mat R. Ish bought the land at a public sale of…
1Opinion of the CourtThayer, C. J.
In order to maintain the appellant’s claim to an equitable estate in the premises in controversy, the facts of the case must show that a trust arose by operation of law in favor of the appellant. He must be able to demonstrate that the various transactions occurring between him and the said E. C. Pelton, and what he did in effecting title to the premises after Pelton’s death, as disclosed by the evidence, created in his favor either a resulting or constructive trust. In other .words, it must appear that in the purchase of the HjTde ranch, as it is called, the appellant paid the consideration…
2Cited by15 opinions
- Holohan v. McCarthyOregon Supreme Court · 1929
- Jansen v. TylerOregon Supreme Court · 1935
- Barger v. BargerOregon Supreme Court · 1897
- Chance v. GrahamOregon Supreme Court · 1915
- Hughes v. HelzerOregon Supreme Court · 1947
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