Belle v. Brown
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a suit by Nancy S. Belle and others against Charles A. Brown and others to establish and foreclose an alleged equitable lien upon certain real property.
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From Marion: Reuben P. Boise, Judge. This is a suit by Nancy S. Belle and others against Charles A. Brown and others to establish and foreclose an alleged equitable lien upon certain real property. The facts are that Charles Swegle conveyed to the defendants Charles A. and Frank E. Brown about fifty acres of land in Marion County, Oregon, stipulating in the deeds thereto that the premises so granted were intended as advancements to them equal to the sum of $2,500, as the representatives of his deceased daughter. The said grantor died intestate, leaving surviving him Lucinda Swegle, his widow,…
1Opinion of the CourtJustice Moore
It is contended by defendants’ counsel that, the estate of Charles Swegle having been fully administered upon and the personal assets thereof equally distributed to his heirs, and the real property of which he died seised partitioned in a suit instituted for that purpose, the advancements made by the defendants’ ancestor have become res judicata, 'and, this being so, the court erred in sustaining a demurrer to the estoppels alleged in the answer. Our statute upon the subject of advancements, so far as applicable herein, is as follows : Hill’s Ann. Laws, § 3104. “Any property, real or…
2Cases cited24 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Ward v. . Town of SouthfieldNew York Court of Appeals · 1886
- Ross v. . WoodNew York Court of Appeals · 1877
- Mayor, Etc., of N.Y. v. . BradyNew York Court of Appeals · 1889
- Marshall v. MarshallSupreme Court of Alabama · 1888
19 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Dean v. Exotic Veneers, Inc.Oregon Supreme Court · 1975
- Ruckman v. Union Railway Co.Oregon Supreme Court · 1904
- Winters v. BisaillonOregon Supreme Court · 1936
- Yuen Suey v. FleshmanOregon Supreme Court · 1913
- Hagey v. Massachusetts Bonding & InsuranceOregon Supreme Court · 1942
14 more not listed; retrieve them via the Exa API.