Ellis v. Abbott
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by A. S. Ellis against H. M. Abbott and Nettie M. Abbott, Ms wife, to recover damages for a breach of warranty.
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From Multnomah: Calvin U. Gantenbein, Judge. Department 1. Statement by Mr. Justice Moore. This is an action by A. S. Ellis against H. M. Abbott and Nettie M. Abbott, Ms wife, to recover damages for a breach of warranty. S. Green and Esther Green on August 30, 1908, gave to the defendant H. M. Abbott their promissory note of $1,000, payable in three years, with interest from date at the rate of 7 per cent per annum, and to secure the payment thereof they at the same time executed to Mm a mortgage of real property in Hood River County, Oregon. Abbott purchased from E. Quartermas a tract of…
1Opinion of the Court
Mu. Justice Moore
delivered the opinion of the court.
It is argued that, as the title to the land in Klickitat County, Washington, was in the name of H. M. Abbott, his wife joined in executing the deed to the plaintiff only to bar her inchoate right of dower; that, such being the case, she is not bound by any of the covenants contained in the deed, and hence an error was committed in rendering a judgment against her. In support of the legal principles insisted upon, reliance is placed upon Section 7101, L. O. L., which was enacted in the year 1854, and reads:
“A husband and wife may, by their…
2Cases cited8 opinions
- Scott v. FordOregon Supreme Court · 1908
- DeVall v. DeVallOregon Supreme Court · 1910
- Olds v. CaryOregon Supreme Court · 1886
- Carter v. WakemanOregon Supreme Court · 1904
- Goodwin v. MorrisOregon Supreme Court · 1881
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. HooverOregon Supreme Court · 1959
- Smith v. SmithOregon Supreme Court · 1955
- Estep v. BaileyOregon Supreme Court · 1919
- Streby v. State Industrial Accident CommissionOregon Supreme Court · 1923
- Wallace v. American Toll Bridge Co.Oregon Supreme Court · 1928
5 more not listed; retrieve them via the Exa API.