Brown v. Truax
Oregon Supreme Court
From Union: JOHN W. Knowles, Judge. Statement by Mr. Justice McBride. This is an action by Frank Brown, as administrator of the estate of William Dye, deceased, against Franklin Truax for claim and delivery arising out of the following facts: In October, 1908, William Dye was the owner of a quantity of cordwood, situated near Kamela, Union County, and entered into a contract with Denver Charlton to haul and deliver it at the railroad track at Kamela at the agreed price of…
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From Union: JOHN W. Knowles, Judge. Statement by Mr. Justice McBride. This is an action by Frank Brown, as administrator of the estate of William Dye, deceased, against Franklin Truax for claim and delivery arising out of the following facts: In October, 1908, William Dye was the owner of a quantity of cordwood, situated near Kamela, Union County, and entered into a contract with Denver Charlton to haul and deliver it at the railroad track at Kamela at the agreed price of $1.50 per cord. It was agreed that Charlton should hold possession of the wood until the price of hauling should be paid.…
1Opinion of the CourtJustice McBride
We are compelled to affirm the judgment in this case.
*5751. The finding of the probate court that Dye was dead and the appointment of an administrator was, in the absence of any evidence to the contrary, conclusive proof of that fact.
2. We think the evidence tended to show that Denver Charlton had a lien both by agreement and under Section 7452, L. O. L., but not being of record a claim, should have been presented to the administrator before any attempt was made to foreclose. In Teel v. Winston, 22 Or. 489 (29 Pac. 142), this court held that a mortgage claim against real property could be…
2Cases cited6 opinions
- Smith & Co. v. McLeanSupreme Court of Iowa · 1868
- Shoemaker, Miller & Co. v. SimpsonSupreme Court of Kansas · 1876
- Surles v. SweeneyOregon Supreme Court · 1883
- Homan v. LabooNebraska Supreme Court · 1871
- Teel v. WinstonOregon Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Keller v. LONSDALE ET UXOregon Supreme Court · 1959
- Lind v. BoulinOregon Supreme Court · 1920
- Willis v. Horticultural Fire ReliefOregon Supreme Court · 1915
- Jeffries v. PankowOregon Supreme Court · 1924