McCrary v. Biggers
Oregon Supreme Court
From Union: Bobeiit Eakin, Judge. This is a suit in equity for the specific performance of a waiver of all claim to curtesy in certain real property, commenced by Hattie McCrary and her husband as an answer to an action of ejectment commenced against them by G. W. Biggers. Other facts appear in the opinion. There was a decree for defendant on the pleadings, from which this appeal is prosecuted.
1Opinion of the CourtJustice Bean
On September 12, 1904, the defendant commenced an action at law against the plaintiffs to recover possession of certain real property in the City of La Grande, alleging that he was the owner of a life estate therein, and entitled to its immediate possession. The plaintiffs answered at law, and at the same time filed a complaint in equity in the nature of a cross-bill, in which they alleged facts which they insist make them the owners in equity of the defendants’ interest in the property, and estop him from asserting any claim thereto. A demurrer to the cross-bill was sustained, and,…
2Cases cited2 opinions
- Temperance House v. FowleOregon Supreme Court · 1890
- Potter v. PotterOregon Supreme Court · 1903
3Cited by5 opinions
- Stanley v. MuellerOregon Supreme Court · 1960
- Chance v. WestonOregon Supreme Court · 1920
- Runyan v. WinstockOregon Supreme Court · 1909
- Callan v. Western Investment & Holding Co.Oregon Supreme Court · 1937
- Pfifer v. First National BankOregon Supreme Court · 1963