Baer v. Ballingall
Oregon Supreme Court
From Baker : Robert Eakin, Judge. This is a suit by S. L. Baer against Ada J. Ballingall and others to subject an unassigned dower interest in real property to the payment of a judgment rendered against the dowress.
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From Baker : Robert Eakin, Judge. This is a suit by S. L. Baer against Ada J. Ballingall and others to subject an unassigned dower interest in real property to the payment of a judgment rendered against the dowress. The transcript shows that one Lewis Hart died intestate about August, 1888, seised of certain real property in Baker County, Oregon, leaving surviving him the defendants Ada J., his widow, and Seth, Lotta, Jesse, and Rosa Hart (now Rosa York), his children and heirs. Frank Clark was appointed administrator of his estate, which he settled without selling any of the real property…
1Opinion of the CourtJustice Moore
The decree is predicated upon the theory that Mrs. Ballingall’s deed of her dower right was intended as a mortgage to secure the payment of the sum of $1,000 which she owed Rosa E. Robinson and Davis Wilcox, and that such interest was conveyed to them ip trust for Seth Hart, to whom it was to be conveyed when he became twenty-one years old, upon executing to them, in payment thereof, a deed for two hundred acres of land, the title to which he secured from his grandfather. The answer does not allege that Mrs. Ballingall’s deed was intended by her as a conveyance of her dower interest in trust…
2Cases cited12 opinions
- Powell v. Monson & Brimfield Manuf'g Co.U.S. Circuit Court for the District of Massachusetts · 1824
- Fleischner v. Citizens' Investment Co.Oregon Supreme Court · 1893
- Owen v. SlatterSupreme Court of Alabama · 1855
- Strong v. ClemIndiana Supreme Court · 1859
- Payne v. . BeckerNew York Court of Appeals · 1881
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3Cited by5 opinions
- Neal v. DavisOregon Supreme Court · 1909
- Haggerty v. NoblesOregon Supreme Court · 1966
- Walters v. WaggenerOregon Supreme Court · 1922
- Browne v. ColemanOregon Supreme Court · 1912
- Cole v. MarvinOregon Supreme Court · 1920