Davis v. Mitchell
Oregon Supreme Court
From Yamhill: William Hallo way, Judge. Department 2. Statement by Mr. Justice Ramsey. This is a suit in equity by J. Monroe' Davis and Edythe R. Davis against May C. Mitchell, E. D. Mitchell and W. P. Sinnott, for rescission of a contract by which the plaintiffs conveyed a farm and certain personal property to the defendants in consideration of the conveyance by the defendants to the plaintiffs of the furniture, etc., which the defendants owned in an apartment house in the…
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From Yamhill: William Hallo way, Judge. Department 2. Statement by Mr. Justice Ramsey. This is a suit in equity by J. Monroe' Davis and Edythe R. Davis against May C. Mitchell, E. D. Mitchell and W. P. Sinnott, for rescission of a contract by which the plaintiffs conveyed a farm and certain personal property to the defendants in consideration of the conveyance by the defendants to the plaintiffs of the furniture, etc., which the defendants owned in an apartment house in the City of Portland, etc. The plaintiffs ask that the exchange of said property and all deeds and other papers executed in…
1Opinion of the CourtJustice Ramsey
This is a suit for a rescission, on the ground of fraud of an exchange of property and of the deed of conveyance, bills of sale, and other papers executed to effectuate and carry out said exchange, etc.
There appears to have been no demurrer to the complaint or to either of the answers. The defendants Mitchell demurred to each of the three separate paragraphs of the reply of the plaintiffs to the answer of the defendants Mitchell on the ground that neither of *167said paragraphs states facts sufficient to constitute a reply. This reply was filed on December 5, 1912, and on December 12th counsel…
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