Sellwood v. Henneman
Oregon Supreme Court
From Clackamas : Allred F. Sears, Jr., Judge. Bill by James B. W. Sellwood and others against P. J. Henneman and others to reform two deeds.
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From Clackamas : Allred F. Sears, Jr., Judge. Bill by James B. W. Sellwood and others against P. J. Henneman and others to reform two deeds. It is alleged in the complaint that on September 7, 1880, plaintiffs and James B. W. Sellwood -were the owners in fee and possessed of the following described premises, situate in Clackamas County, Oregon, to wit: Commencing at a stone in the center of the road at the intersection of land owned by J. B. W. Sellwood, H. P. Walker, F. Lehman,, and P. Hagenberger, in section 36, township 1 south, of range 1 east; thence south 13.06 chains; thence south 57°…
1Opinion of the CourtJustice Moore
1. It is contended by appellant’s counsel that the plaintiffs having failed to allege the contract entered into between him and Henneman, the complaint did not state facts sufficient to constitute a cause of suit, and hence the court erred in overruling the demurrer thereto. It has been repeatedly held by this court that, in a suit to reform a deed or written contract on the ground of mistake, the complaint should distinctly show the original agreement of the parties, and point out with clearness and precision wherein there was a mistake : Lewis v. Lewis, 5 Or. 169; Stephens v. Murton, 6 Or.…
2Cases cited14 opinions
- Hawkins v. HawkinsCalifornia Supreme Court · 1875
- Lewis v. LewisOregon Supreme Court · 1874
- Hyland v. HylandOregon Supreme Court · 1890
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Meier v. KellyOregon Supreme Court · 1890
9 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Howard v. TettelbaumOregon Supreme Court · 1912
- Boardman v. Insurance Co. of PennsylvaniaOregon Supreme Court · 1917
- Hughey v. SmithOregon Supreme Court · 1913
- Coates v. SmithOregon Supreme Court · 1916
- Hyde v. KirkpatrickOregon Supreme Court · 1915
6 more not listed; retrieve them via the Exa API.