Legal Opinion

Howe v. Kern

Oregon Supreme Court

Decided August 6, 1912PublishedCited by 9 opinions

From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by James Gladstone Howe, a minor, by Carrie Howe Sherwood, his guardian, against L. E. Kern, Helen M. Kern, his wife, Joseph H. Nash and School District No. 1, of the city of Portland, Multnomah County, Oregon, a corporation.

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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by James Gladstone Howe, a minor, by Carrie Howe Sherwood, his guardian, against L. E. Kern, Helen M. Kern, his wife, Joseph H. Nash and School District No. 1, of the city of Portland, Multnomah County, Oregon, a corporation. The facts disclosed by the record are as follows: James Howe, who died on June 24, 1901, made a will on March 14, 1898, and among other things provided: “Third — I give, bequeath and devise unto my said wife, Carrie Howe, all that property platted and dedicated by me as Howe’s…

1Opinion of the Court

*494Opinion by

Mr. Chief Justice Eakin.

1. When defendant Kern was called upon by the executrix to 'execute the mortgage to secure the $2,000, deferred payment of the purchase price of the 5%-acre tract, he refused to do so, and she brought suit against him to compel specific performance. That suit raised only the question as to the liability of Kern upon his contract of purchase. His defense was that plaintiff could not give him a good title because the petition for the sale was insufficient to authorize an order of sale. He asks to have the minor made a party defendant in that suit, and an order…

2Cases cited1 opinion

  1. Bowsman v. AndersonOregon Supreme Court · 1912

3Cited by9 opinions

  1. PETERS v. McKAYOregon Supreme Court · 1951
  2. Hanna v. HopeOregon Supreme Court · 1917
  3. State Ex Rel. Bowles v. OlsonOregon Supreme Court · 1944
  4. Hannibal Trust Co. v. ElzeaSupreme Court of Missouri · 1926
  5. Templeton v. CookOregon Supreme Court · 1914

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