Hornbeck v. Smith
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. In' April, 1914, the defendants, J. P. Smith, B. M. Smith, and J. E. Smith, partners as Smith Brothers, were the owners of about 177 acres of land in the northern part of Marion County. About 147 acres of this tract are located east of the Willamette Biver and the remaining 30 acres, known as the island, lie west of the main channel of the river.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Bean. In' April, 1914, the defendants, J. P. Smith, B. M. Smith, and J. E. Smith, partners as Smith Brothers, were the owners of about 177 acres of land in the northern part of Marion County. About 147 acres of this tract are located east of the Willamette Biver and the remaining 30 acres, known as the island, lie west of the main channel of the river. This land was placed in the hands of Mr. Ferguson, a real estate agent at Newberg, for sale for $16,000. He initiated negotiations with plaintiff Hornbeck for the sale of the same,…
1Opinion of the CourtJustice Bean
1. Plaintiff’s complaint as to fraudulent representations on the part of the vendors is not sustained by the evidence. The averment in regard to a want of ownership of about 12 acres of the land contracted for refers to a piece surveyed and marked upon the plat in evidence as 10.15 acres in the shape of a portion of an L extending north from the western boundary of the main tract and down along the Willamette Biver immediately west of a Mr. Coyle’s land. For several years the fences on the south and north of Coyle’s land have extended past the strip to the Willamette Biver so as to embrace…
2Cases cited14 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Clarno v. GraysonOregon Supreme Court · 1896
- Rolfes v. RusselOregon Supreme Court · 1875
- Wheelwright v. VanderbiltOregon Supreme Court · 1914
- McCourt v. JohnsOregon Supreme Court · 1898
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3Cited by4 opinions
- Ford v. WhiteOregon Supreme Court · 1946
- Belanger v. HowardOregon Supreme Court · 1941
- Leach v. GunnarsonOregon Supreme Court · 1980
- Leach v. GunnarsonOregon Supreme Court · 1980