Kine v. Turner
Oregon Supreme Court
Appeal from Umatilla; James A. Fee, Judge. This is a suit by Pat Kine against Ida and R. Marvin Turner to enforce the specific performance of a parol contract for the conveyance of a small tract of land in what was formally the Umatilla Indian Reservation.
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Appeal from Umatilla; James A. Fee, Judge. This is a suit by Pat Kine against Ida and R. Marvin Turner to enforce the specific performance of a parol contract for the conveyance of a small tract of land in what was formally the Umatilla Indian Reservation. The quarter section of which it fot ms a part was purchased for the defendant in April, eighteen hundred and ninety-one, by her father Jehu Switzler, at public sale by the government of the United States under the act of congress of March third, eighteen hundred and eighty-five, providing for the allotment of a portion of the reservation…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
It will be perceived that plaintiff is confronted at the outset with the objection that a contract concerning the purchase and conveyance of land belonging to the United States, which is about to be offered for sale at public auction to the highest and best bidder, and having for its sole consideration the forbearance of one of the parties to bid at such sale, is illegal and void, and one which a court of equity will not enforce. The agreement between plaintiff and Switzler, whether it was for the conveyance of the land in dispute, as claimed by plaintiff, or…
2Cases cited6 opinions
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Mellison v. AllenSupreme Court of Kansas · 1883
- Brake v. BallouSupreme Court of Kansas · 1877
- Oaks v. HeatonSupreme Court of Iowa · 1876
- Wilbur v. HowNew York Supreme Court · 1811
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Robert N. Cameron and Jack Crawford v. Vancouver Plywood CorporationCourt of Appeals for the Ninth Circuit · 1959
- Reinstine v. RosenfieldCourt of Appeals for the Seventh Circuit · 1940
- Jackson v. BakerOregon Supreme Court · 1906
- McMillan v. WrightWashington Supreme Court · 1909
- Dickson v. TaylorSupreme Court of Oklahoma · 1927
4 more not listed; retrieve them via the Exa API.