Dieckman v. Jaeger
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Statement by Mr. Chiee Justice McBride. This is an action of ejectment. In October, 1909, Henry Carl Dieckman executed a deed conveying to Emilie Dieckman a tract of 160 acres of land in Clackamas County, Oregon, and on December 10th of the same year deposited it with J. W. Thornton & Son with the following note: “December .10,1909. “J. W. Thornton & Son, “Wilsonville, Or.
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From Clackamas: James U. Campbell, Judge. Statement by Mr. Chiee Justice McBride. This is an action of ejectment. In October, 1909, Henry Carl Dieckman executed a deed conveying to Emilie Dieckman a tract of 160 acres of land in Clackamas County, Oregon, and on December 10th of the same year deposited it with J. W. Thornton & Son with the following note: “December .10,1909. “J. W. Thornton & Son, “Wilsonville, Or. “Gentlemen: “In case of my death you will please deliver the attached deed, from myself to Emilie Dieckman, to Emilie Dieckman, deed conveying 160 acres of sections thirteen and…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
This appeal presents the single question, namely: whether the findings of the Circuit Court are sufficient to sustain the judgment, and this again narrows down to a construction of the written instructions which accompanied the deposit of the deed with Thornton & Son. The evidence upon which the Circuit Court based its decision cannot be considered here and we must assume that it was sufficient to justify the findings. These are to the effect that Dieckman executed the deed, deposited it with Thornton & Son without any other or different instruction than…
2Cases cited2 opinions
- Hoffmire v. MartinOregon Supreme Court · 1896
- Foote v. LichtyOregon Supreme Court · 1912
3Cited by5 opinions
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- In re Picot's EstateUtah Supreme Court · 1919