Hogan v. Wyman
Oregon Supreme Court
Appeal from Multnomah County. On the 23d of August, 1866, Patrick Hogan, the respondent, being, in possession of lot six, in block twenty-four, in the city of Portland, filed his complaint against the appellants to quiet his title to said lot, as against the appellants.
Read the full summary
Appeal from Multnomah County. On the 23d of August, 1866, Patrick Hogan, the respondent, being, in possession of lot six, in block twenty-four, in the city of Portland, filed his complaint against the appellants to quiet his title to said lot, as against the appellants. In 1850, Daniel H. Lownsdale, then the owner of this lot, conveyed it to said G. P. Wren; and Hogan alleges, in support of his title, that Wren sold the same to Tidd & Anderson, and delivered to them possession of the premises, but failed to execute to them a deed. The consideration of the sale by Wren was work performed for…
1Opinion of the CourtBoise, J.
The case presents a question of fact which must be determined from the evidence; and this court finds that the equities of the respondent, as above stated, are fully supported by the evidence; and that Wyman, at the time of his purchase from Wren, had notice of these equities belonging to the plaintiff.
As to the execution of the will of Mrs. McNulty, it is claimed:
1st. That McCormick, being a witness to the will, could not take a trust estate under it; that witnesses to wills are disqualified by the Statute, page 388.
*304As McCormick had no beneficial interest in the bequest, but was merely a…
2Cited by1 opinion
- Brown v. BrownOregon Supreme Court · 1879