Legal Opinion

Jackson v. Stearns

Oregon Supreme Court

Decided February 7, 1911PublishedCited by 16 opinions

From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. . This is an action by C. S. Jackson against A. W. Stearns to recover damages resulting from the breach of an agreement.

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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Moore. . This is an action by C. S. Jackson against A. W. Stearns to recover damages resulting from the breach of an agreement. The facts are that plaintiff, an attorney, prepared duplicate copies of a contract wherein it was stipulated that if he could secure a decree quieting the defendant’s title to 320 acres of land, describing the premises, and would advance the court expenses, if so required, the defendant, in consideration thereof, would execute to him a good and sufficient deed to one-half of the real property so…

1Opinion of the CourtJustice Moore

1. The question to be considered is whether or not the conclusion of law quoted is deducible from the facts as found. As a matter preliminary to a determination of the inquiry, attention will be called to certain clauses of our statute:

“No'estate or interest in real property, other than a lease for a term not exceeding one year, nor any trust or power concerning such property, can be created, transferred, or declared otherwise than by operation of law, or by a conveyance or other instrument in writing, subscribed by the party creating, transferring, or declaring *61the same, or by his lawful…

2Cases cited14 opinions

  1. Ingersoll v. CoramSupreme Court of the United States · 1908
  2. Davis v. WebberSupreme Court of Arkansas · 1899
  3. Hertzog v. Hertzog's AdministratorSupreme Court of Pennsylvania · 1859
  4. Clark v. DavidsonWisconsin Supreme Court · 1881
  5. McDowell v. OyerSupreme Court of Pennsylvania · 1853

9 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. Ellis v. BerryMississippi Supreme Court · 1926
  2. Howland v. Iron Fireman Manufacturing Co.Oregon Supreme Court · 1949
  3. Howland v. Iron Fireman Mfg. Co.Oregon Supreme Court · 1949
  4. Pettigrove v. Corvallis Lumber Mfg. Co.Oregon Supreme Court · 1933
  5. Lewis v. SiegmanOregon Supreme Court · 1931

11 more not listed; retrieve them via the Exa API.

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