Linnville v. Smith
Oregon Supreme Court
Appeal from Douglas County. The respondent was the owner of one half a donation land claim under the act of congress of I860. The settlement and notification was made upon the claim about December, 1850, by William Linnville, respondent’s husband. Subsequently the title was perfected to the land claimed, and the wife’s half designated as provided by law. The wife’s half was, in 1871, sold by the husband and wife.
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Appeal from Douglas County. The respondent was the owner of one half a donation land claim under the act of congress of I860. The settlement and notification was made upon the claim about December, 1850, by William Linnville, respondent’s husband. Subsequently the title was perfected to the land claimed, and the wife’s half designated as provided by law. The wife’s half was, in 1871, sold by the husband and wife. The husband subsequently bought other land with the money derived from this sale, the understanding between Linnville and his wife at the time of this purchase being that the land…
1Opinion of the Court
By the Court, Boise, J.:
The main question in the case, is as to whether the donation land claim named in the complaint was the separate property of the plaintiff. This claim was held under the fifth section of the act of twenty-seventh of September, 1850, and it is claimed by the appellant that as the common law was in force in Oregon at the time of settlement and notification, the husband, by virtue of his marital rights, became on settlement on the claim vested in a life estate in the land, and became the absolute owner of the use of the land for his life, and that the wife had only a…
2Cases cited1 opinion
- Morrison v. WilsonCalifornia Supreme Court · 1859
3Cited by3 opinions
- Springer v. YoungOregon Supreme Court · 1886
- Rhodes v. PeeryOregon Supreme Court · 1933
- Wadsworth v. TalmageOregon Supreme Court · 2019