Mays v. Morrell
Oregon Supreme Court
From Multnomah: William: N. Gatens, Judge. Statement by Mr. Justice Burnett. This is a suit by F. P. Mays against Otto Morrell, Joseph Miller, E. B. Watson, J. R. Stoddard, Nellie Dayton, administratrix substituted, Edward Mendenhall, Charles F. Lord and W. A. Story, sheriff of Multnomah County, Oregon. v A summary of the voluminous complaint in this suit is here given: On November 9, 1892, the defendant Miller shot the defendant Morrell, ana on December 15th next following…
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From Multnomah: William: N. Gatens, Judge. Statement by Mr. Justice Burnett. This is a suit by F. P. Mays against Otto Morrell, Joseph Miller, E. B. Watson, J. R. Stoddard, Nellie Dayton, administratrix substituted, Edward Mendenhall, Charles F. Lord and W. A. Story, sheriff of Multnomah County, Oregon. v A summary of the voluminous complaint in this suit is here given: On November 9, 1892, the defendant Miller shot the defendant Morrell, ana on December 15th next following the grand jury of Multnomah County returned three indictments against Miller for offenses connected with the shooting.…
1Opinion of the CourtJustice Burnett
1. Taught by the maxim that equity regards the substance rather than the form, we discern that the sole purpose in general of the suit at bar is to secure for the plaintiff the land which it is alleged was the intention and understanding of all parties at the time should pass to him by the proceedings described, and which did inure to him in fact except as affected by the mutual mistake of the parties in the litigant transaction. It matters not where the mistake originated, or how often it is reiterated; all those who innocently repeat' it make it their own. Neither is it of any concern at…
2Cases cited10 opinions
- Corvallis & Eastern R. Co. v. BensonOregon Supreme Court · 1912
- Lodge's Lessee v. LeeSupreme Court of the United States · 1810
- Pettigrew v. DobbelaarCalifornia Supreme Court · 1883
- Harvey v. EdensTexas Supreme Court · 1887
- Guillaume v. K. S. D. Land Co.Oregon Supreme Court · 1906
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3Cited by8 opinions
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Kelly v. TracyOregon Supreme Court · 1956
- G. R. Holcomb Estate Co. v. BurkeCalifornia Supreme Court · 1935
- Haggerty v. NoblesOregon Supreme Court · 1966
- City of Parkersburg v. Baltimore & O. R.Court of Appeals for the Fourth Circuit · 1923
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