Walker v. Harold
Oregon Supreme Court
From Linn : Reuben P. Boise, Judge. This is a suit by T. F. Walker against G. F. Harold and wife to set aside a deed. The facts are that on March 15, 1889, the defendant G. F. Harold was the owner of 240 acres of land in Linn County, at which time he gave his promissory note to W. P. Kaiser for $200, payable in five months, with interest.
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From Linn : Reuben P. Boise, Judge. This is a suit by T. F. Walker against G. F. Harold and wife to set aside a deed. The facts are that on March 15, 1889, the defendant G. F. Harold was the owner of 240 acres of land in Linn County, at which time he gave his promissory note to W. P. Kaiser for $200, payable in five months, with interest. Thereafter he incumbered the premises by executing mortgages thereon to Henry Keene, Ellen Caldwell, and Parmelia Howard for $600, $800, and $1,200, respectively, and on January 5,1892, conveyed the land to his wife, the defendant Sarah Harold. Only a part…
1Opinion of the Court
Mr. Chiee Justice Moore,
after stating the facts in the foregoing terms, delivered the opinion of the court.
1. It is contended by plaintiff’s counsel that the answer not having alleged that the mortgages referred to were executed to evidence bona fide debts or were duly recorded, or averred when or how she paid the sums so claimed, or stated that such payments were made from her separate estate without notice or knowledge of any fraudulent intent on the part of her husband, her pleading fails to allege facts sufficient to constitute a defense, and hence the court erred in dismissing the suit.…
2Cases cited11 opinions
- Cederson v. Oregon Navigation Co.Oregon Supreme Court · 1900
- S. Marks & Co. v. CrowOregon Supreme Court · 1887
- Bank of Colfax v. RichardsonOregon Supreme Court · 1898
- Hamilton National Bank v. HalstedNew York Court of Appeals · 1892
- Jolly v. KyleOregon Supreme Court · 1895
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3Cited by9 opinions
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- Connel v. O'ConnorOregon Supreme Court · 1938
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- United States Nat. Bank v. ThebaudOregon Supreme Court · 1913
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