Remillard v. Prescott
Oregon Supreme Court
Appeal from Union County. This is a suit in equity, originally brought by the appellants, Lnoien and Edward Remillard, ivho claim to be the legal owners of an undivided half and equitable owners of the other half of lot No. 4, of block No. 1, in the town of Union, to compel the respondent Prescott to convey to them the undivided half of said lot 4. Prescott having subsequently begun an action to eject the appellants from lots 4 and 5, in said block, and the appellants having…
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Appeal from Union County. This is a suit in equity, originally brought by the appellants, Lnoien and Edward Remillard, ivho claim to be the legal owners of an undivided half and equitable owners of the other half of lot No. 4, of block No. 1, in the town of Union, to compel the respondent Prescott to convey to them the undivided half of said lot 4. Prescott having subsequently begun an action to eject the appellants from lots 4 and 5, in said block, and the appellants having filed a cross-bill to enjoin said action, claiming an equitable defense as to lot 4 in both appellants, and as to lot 5…
1Opinion of the Court
By the Court,
Boise, J.:
The appellants claim that their demurrer to that part of the answer of the respondent Prescott which sets up a conveyance of the property from Chapman to Nodine and *42Bennington, and from them through mesne conveyances to Prescott, should be sustained. As this conveyance from Chapman to Nodine and Bennington was made after the deed from Chapman to Craig and Prescott, we think there is no question but what this part of the answer constitutes no defense, and that the demurrer is well taken, so that Prescott has by the pleadings no further interest in the property in dispute…
2Cases cited1 opinion
- Hileman v. WrightIndiana Supreme Court · 1857
3Cited by16 opinions
- Dolph v. Lennon's, Inc.Oregon Supreme Court · 1923
- Thorton v. KrimbellOregon Supreme Court · 1895
- Bruce v. Phœnix InsuranceOregon Supreme Court · 1893
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Epstein v. State InsuranceOregon Supreme Court · 1891
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