Legal Opinion

Smith v. Taylor

Washington Supreme Court

Decided June 10, 1891No. 189PublishedCited by 8 opinions

Appeal from Superior Court, Clarice Cou/nty. Action in ejectment by Virginia N. Taylor, executrix of the last will and testament of Frank E. Taylor, deceased, against Michael J. Smith. In December, 1885, one Frank E. Taylor, a major of the United States army stationed at Vancouver, Washington, held the legal title to the lands described in the complaint in this action.

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Appeal from Superior Court, Clarice Cou/nty. Action in ejectment by Virginia N. Taylor, executrix of the last will and testament of Frank E. Taylor, deceased, against Michael J. Smith. In December, 1885, one Frank E. Taylor, a major of the United States army stationed at Vancouver, Washington, held the legal title to the lands described in the complaint in this action. By some arrangement with said Taylor, the defendant entered into possession of said lands on the 26th day of December, 1885, and has continuously resided thereon with his family, and made some improvements on the land. The…

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

— In 1885 Frank E. Taylor purchased the land in controversy herein, and took a deed therefor in his own name. Soon after such purchase the defendant in this action went upon said land, and has ever since resided thereon. After said Taylor’s death his mother, as executrix of the last will of her husband, obtained a decree of the district *424court holding terms at Vancouver, Clarke county, in which it was determined that she was the equitable owner of said land, and that said Taylor held the legal title in trust for her. The court thereupon decreed…

2Cases cited1 opinion

  1. Wamsley v. CrookNebraska Supreme Court · 1874

3Cited by8 opinions

  1. In re the Estate of AlfstadWashington Supreme Court · 1902
  2. O'Connor v. SlatterWashington Supreme Court · 1907
  3. Kline v. SteinWashington Supreme Court · 1902
  4. Brown v. PeopleAppellate Court of Illinois · 1887
  5. Carson v. Railsback, Washington Territory1887

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