Clark v. Hindman
Oregon Supreme Court
From Baker: Bobert Eakin, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Phila B. Clark against W. C. and Tollie M Douthitt-Hindman to reform a deed and to enjoin the enforcement of a judgment.
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From Baker: Bobert Eakin, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Phila B. Clark against W. C. and Tollie M Douthitt-Hindman to reform a deed and to enjoin the enforcement of a judgment. The facts are that the defendant W. C. Hindman, being the owner of a block of land in Baker City, conveyed a part thereof, September 7, 1891, to his daughters, the plaintiff, Phila B. Clark, and Grace C. Hindman, the deed expressing a consideration of $500, and describing the premises as follows: “Bounded on the south by Court Street and on the west by Sixth Street, beginning at the…
1Opinion of the CourtChief Justice Moore
1. It is contended by defendants’ counsel that, although the deed executed by Hindman to his daughters expresses a pecuniary consideration, they parted with nothing of value capable of being estimated in money, and, as the conveyance was intended as a donation, a suit to reform the deed cannot be maintained. The legal principle insisted upon finds expression in the statement that the specific performance of a contract to convey real property will not be enforced in equity unless it is supported by a valuable consideration: Modisett v: Johnson, 2 Blackf. 431; Seymour v. Delancey, 6 Johns. Ch.…
2Cases cited14 opinions
- Storrs v. BarkerNew York Court of Chancery · 1822
- Trenton Banking Company v. . DuncanNew York Court of Appeals · 1881
- Seymour v. DelanceyNew York Court of Chancery · 1822
- Rutherford v. TracySupreme Court of Missouri · 1871
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Bowsman v. AndersonOregon Supreme Court · 1912
- Lytle v. HulenOregon Supreme Court · 1928
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Ross v. DeLorenzoCourt of Appeals of Oregon · 1983
- Sellers v. SellersSupreme Court of Pennsylvania · 1934
8 more not listed; retrieve them via the Exa API.