Tyler v. Bier
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. This is a suit to quiet title to certain real property. The record for our examination consists of the findings of fact, conclusions of law and decree. No record of the evidence is brought up. In so far as any fact is controverted we are governed by the findings made by the lower court.
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From Marion: William Galloway, Judge. Department 2. This is a suit to quiet title to certain real property. The record for our examination consists of the findings of fact, conclusions of law and decree. No record of the evidence is brought up. In so far as any fact is controverted we are governed by the findings made by the lower court. From the brief of plaintiffs we take the following statement of the case: During his lifetime Benjamin Forstner owned a fractional part of lots 2 and 3 in block 49 in the City of Salem, Oregon, located on the west side of Commercial Street between Court and…
1Opinion of the CourtBean, J.
Sophia Bier and Rosa Keil appeal from that portion of the decree impressing a lien upon their share of the real estate for the amount of the mortgage and interest by reason of Mrs. Forstner, now deceased, having paid the same; and contend: (1) That according to the terms of the will Mrs. Forstner as the life tenant should have paid all the debts against the estate of the testator, Benjamin Forstner, before she would have been entitled to the real property; and (2) that in any event they should pay only one half of the principal of the mortgage debt and that the interest should be deemed to…
2Cases cited5 opinions
- Tindall v. PetersonNebraska Supreme Court · 1904
- Kaser v. KaserOregon Supreme Court · 1913
- Damm v. DammMichigan Supreme Court · 1896
- Moore v. SimonsonOregon Supreme Court · 1895
- Roelfs' Cousins v. WhiteOregon Supreme Court · 1915
3Cited by5 opinions
- Whitlock v. United States Inter-Insurance Ass'nOregon Supreme Court · 1932
- In Re Davenport for a Writ of Habeas CorpusOregon Supreme Court · 1925
- In Re Daily's EstateMontana Supreme Court · 1945
- In Re The Estate Of: Gerald R. IrwinCourt of Appeals of Washington · 2019
- Daily v. BeveridgeMontana Supreme Court · 1945