Learned v. Holbrook
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Mc-Camant. Prior to March 12,1903, defendants were the owners of an undivided one-fourth interest in certain property situate in St.' Johns. Oak Park Land Company and the Estate of B. O. Severance were the owners of the remaining three-fourths interest.
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From Multnomah: George N. Davis, Judge. Statement by Mr. Justice Mc-Camant. Prior to March 12,1903, defendants were the owners of an undivided one-fourth interest in certain property situate in St.' Johns. Oak Park Land Company and the Estate of B. O. Severance were the owners of the remaining three-fourths interest. An agreement partitioning the property was entered into and as a part of this agreement the defendants executed and delivered the following paper: “Know all men by these presents, that we, Merrit L. Holbrook and P. S. Doernbecher, are held and firmly bound unto Oak Park Land…
1Opinion of the Court · McCamantJustice McCamant
1. The defendant Holbrook was permitted to testify over plaintiff’s objection and exception as follows:
“Q. What was the understanding among the parties, if there was any, as to the necessity of vacating streets intervening between the different parcels of that property?
“A. It was clearly understood by everybody interested in the transaction and who knew the property and knew what it was that a sawmill could not be erected there unless the streets were vacated. Nothing could be more clearly understood than that. That was discussed frequently and Mr. Powers assured me there would be no trouble…
Also in this document: Opinion of the Court · McCaMant.
2Cases cited19 opinions
- Sargent v. American Bank & Trust Co.Oregon Supreme Court · 1916
- Anderson v. AdamsOregon Supreme Court · 1903
- Salem v. AnsonOregon Supreme Court · 1902
- Hull v. AngusOregon Supreme Court · 1911
- Holtz v. OldsOregon Supreme Court · 1917
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3Cited by15 opinions
- Wright v. Schutt Construction Co.Oregon Supreme Court · 1972
- Brecher v. LaikinDistrict Court, S.D. New York · 1977
- Gruschus v. CR Davis Contracting CompanyNew Mexico Supreme Court · 1965
- Dean Vincent, Inc. v. McDonoughOregon Supreme Court · 1978
- Savage v. Peter Kiewit Sons' Co.Oregon Supreme Court · 1967
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