Buchanan v. Tennant
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge, Statement by Mr. Justice McBride. In June, 1906, plaintiff, J. A. Buchanan, entered into a written contract with defendant, Phoebe Tennant, to clear her title to certain land in Douglas County, from a cloud cast upon it by sales thereof made by the county for delinquent taxes.
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From Douglas: James W. Hamilton, Judge, Statement by Mr. Justice McBride. In June, 1906, plaintiff, J. A. Buchanan, entered into a written contract with defendant, Phoebe Tennant, to clear her title to certain land in Douglas County, from a cloud cast upon it by sales thereof made by the county for delinquent taxes. It was agreed thereby that, if plaintiff failed to clear the title, he should receive nothing for his services, but, if he succeeded, by suit or otherwise, defendant was to make him a warranty deed to an undivided one-half interest in the land. Thereafter plaintiff began a suit…
1Opinion of the CourtJustice McBride
Plaintiff’s argument proceeds upon the theory that, if the opinion rendered by the Supreme Court (55 Or. 116: 105 Pac. 547) in the former case is to control, the ruling of the circuit court must be reversed; but if the decree rendered is to control, the ruling below must stand. We will discuss the case from that point of view.
1. We think the rule well settled that, if the decree is ambiguous in its terms, resort may be had to the opinion to ascertain its meaning. 2 Van Fleet, Former Adjud. § 278; Legrand v. Rixey, 83 Va. 862 (3 S. E. 864); Burton v. Mill, 78 Va. 470; New Orleans R. Co. v.…
2Cases cited3 opinions
- Legrand v. Rixey's Adm'rSupreme Court of Virginia · 1887
- New Orleans, M. & C. R. v. City of New OrleansU.S. Circuit Court for the District of Louisiana · 1878
- Buchanan v. TennantOregon Supreme Court · 1909