Davidson v. Richardson
Oregon Supreme Court
From Polk: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit for the assignment of dower. Decree for plaintiff, and defendant appeals. W. M. Davidson, plaintiff’s husband, in his lifetime was the owner in fee of the donation land claim of Carter T. Davidson and wife, containing 320 acres.
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From Polk: William Galloway, Judge. Statement by Mr. Justice Eakin. This is a suit for the assignment of dower. Decree for plaintiff, and defendant appeals. W. M. Davidson, plaintiff’s husband, in his lifetime was the owner in fee of the donation land claim of Carter T. Davidson and wife, containing 320 acres. On November 9, 1892, defendant, A. J. 'Richardson, loaned $3,550 to W. M. Davidson, who in consideration thereof agreed to give a judgment lien on said premises less 46-J acres theretofore sold, and for that purpose and on the same day duly executed and delivered to the clerk of Polk…
1Opinion of the CourtJustice Eakin
1. In the original opinion we rested the ease exclusively upon the fact that the legislature has control over the liens of judgment's, and that, in this ease, the effect of the enlargement of the dower estate was only a withdrawal of property from the lien of the judgment to the extent of the increase of the dower estate. It is insisted, however, that the effect of the amended statute increasing the dower estate, is to deprive the defendant of his remedy by execution by withdrawing a portion of the debtor’s property from liability, and that this impairs the obligation of his contract,' and we…
2Cases cited11 opinions
- Edwards v. KearzeySupreme Court of the United States · 1878
- Bronson v. KinzieSupreme Court of the United States · 1843
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- Watson v. New York Central RailroadNew York Court of Appeals · 1872
- Ferrell v. . HalesSupreme Court of North Carolina · 1896
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