Kramer v. Wilson
Oregon Supreme Court
From Josephine: Hieko K. Hanna, Judge. Statement by Mr. Commissioner Slater. This is a suit by Willis Kramer against H. L. Wilson and others filed as an answer to an action at law brought by Wilson against Kramer. On July 18, 1904, W. G. Palmer and his wife conveyed to plaintiff, by deed absolute in form, 11 quartz mining claims in Josephine County, together with a mill site and ditch with tvater rights.
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From Josephine: Hieko K. Hanna, Judge. Statement by Mr. Commissioner Slater. This is a suit by Willis Kramer against H. L. Wilson and others filed as an answer to an action at law brought by Wilson against Kramer. On July 18, 1904, W. G. Palmer and his wife conveyed to plaintiff, by deed absolute in form, 11 quartz mining claims in Josephine County, together with a mill site and ditch with tvater rights. The consideration expressed* in the deed is the sum of $30,000. On the same day, and as a part of the same transaction, plaintiff executed a contract note in favor of Palmer in the following…
1Opinion of the Court
Opinion by
Me. Commissioner Slater.
It is admitted by the defendants in their brief that the note is nonnegotiable in character, and subject to any defenses in the hands of Wilson, the assignee, the same as if the action were by Palmer, the payee. The plaintiff and defendant W. G. Palmer on July IS, 1904, the date of the deed and contract, were the owners in common of 11 quartz claims, each owning an undivided half thereof, but the title to most of them then stood in the name of Palmer and his wife. Three of them, in the first ’instance, belonged exclusively to Palmer, who had agreed to convey…
2Cases cited5 opinions
- Stephens v. AllenOregon Supreme Court · 1883
- Lovejoy v. ChapmanOregon Supreme Court · 1893
- Adair v. AdairOregon Supreme Court · 1892
- Hurford v. HarnedOregon Supreme Court · 1877
- Swegle v. BelleOregon Supreme Court · 1891
3Cited by13 opinions
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Harmon v. Grants Pass Banking & Trust Co.Oregon Supreme Court · 1911
- Fiske v. DoucetteMassachusetts Supreme Judicial Court · 1910
- Grover v. Hawthorne EstateOregon Supreme Court · 1911
- Elliott v. BozorthOregon Supreme Court · 1908
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