Legal Opinion

Whiteaker v. Belt

Oregon Supreme Court

Decided April 24, 1894PublishedCited by 5 opinions

Appeal from Polk: Geo. H. Burnett, Judge. This is a proceeding in the nature of a crossbill by Geo. W. Whiteaker against Jennie Belt to enjoin an action at law commenced by Mrs. Belt against Whiteaker to recover a dower interest in certain real property in Polk County.

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Appeal from Polk: Geo. H. Burnett, Judge. This is a proceeding in the nature of a crossbill by Geo. W. Whiteaker against Jennie Belt to enjoin an action at law commenced by Mrs. Belt against Whiteaker to recover a dower interest in certain real property in Polk County. The facts are that on May eighteenth, eighteen hundred and eighty-five, T. W. Belt, the husband of the defendant, died seized of the property in question, which was at the time subject to a mortgege in favor of John Klosterman, executed by the defendant and her husband to secure the payment of a promissory note of the husband,…

1Opinion of the Court

*494Opinion by

Mr. Justice Bean.

1. Upon these facts the question arises whether, by the order of the county court directing the sale of the property for the payment of the debts of the estate, and the subsequent proceedings had in that court, and the acts of the defendant, she is estopped or concluded from claiming dower in the premises as against the purchaser at such sale. It was held in House v. Fowle, 22 Or. 303, 29 Pac. 890, that under the statute of this state a widow’s right of dower is unaffected by an administrator’s sale by order of the county court for the payment of the debts of the…

2Cases cited3 opinions

  1. Lawrence v. . BrownNew York Court of Appeals · 1851
  2. Temperance House v. FowleOregon Supreme Court · 1892
  3. Ellis v. DiddyIndiana Supreme Court · 1849

3Cited by5 opinions

  1. Haun v. MartinOregon Supreme Court · 1906
  2. Yeaton v. BarnhartOregon Supreme Court · 1915
  3. Arnold v. SmithOregon Supreme Court · 1904
  4. Booth v. First National BankOregon Supreme Court · 1960
  5. Gaston v. PortlandOregon Supreme Court · 1902

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