Temperance House v. Fowle
Oregon Supreme Court
Polk county: R. P. Boise, Judge. Defendant appeals. The plaintiff alleges in her complaint that she is the owner for her lifetime of, and a tenant in common with the defendant in the real property in controversy; that the defendant owns the said real property in fee simple, subject to the life estate of the plaintiff therein; that the plaintiff and defendant are unable to agree as to a division of the above described property, and prays that the court determine the…
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Polk county: R. P. Boise, Judge. Defendant appeals. The plaintiff alleges in her complaint that she is the owner for her lifetime of, and a tenant in common with the defendant in the real property in controversy; that the defendant owns the said real property in fee simple, subject to the life estate of the plaintiff therein; that the plaintiff and defendant are unable to agree as to a division of the above described property, and prays that the court determine the respective rights of the parties and partition the property according to their respective interests. The answer, after denying…
1Opinion of the CourtStrahan, C. J.
No question as to the sufficiency of the pleadings was made by either party in the court below or in this court, and therefore they will not be further noticed.
It is conceded by the stipulation on file that R. M. Montgomery died seized of the land in controversy; that at the time of his death the plaintiff was his wife, and that he died intestate. The plaintiff is, therefore, entitled to dower in said lands unless some of the matters alleged in the answer defeat it.
A suit between these same parties was before this court involving the same real property, and is reported in 20 Or. 163. In that…
2Cases cited2 opinions
- Butler v. SmithOregon Supreme Court · 1890
- Temperance House v. FowleOregon Supreme Court · 1890
3Cited by12 opinions
- Fox v. DunningSupreme Court of Oklahoma · 1927
- Faulk v. CallowaySupreme Court of Alabama · 1898
- West Pub. Co. v. Lawyers' Co-Operative Pub. Co.Court of Appeals for the Second Circuit · 1897
- Yeaton v. BarnhartOregon Supreme Court · 1915
- Fowler v. MausIndiana Supreme Court · 1895
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