Manaudas v. Heilner
Oregon Supreme Court
From Baker: Robert Eakin, Judge. This is a suit to compel the reconveyance of certain placer mines, ditches, flumes, and water rights, and for an accounting for the rents and profits thereof.
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From Baker: Robert Eakin, Judge. This is a suit to compel the reconveyance of certain placer mines, ditches, flumes, and water rights, and for an accounting for the rents and profits thereof. The principal issue involved in the controversy is the right of the plaintiff in a contract entered into by the defendants S. A. Heilner and his deceased partner E. D. Cohn with one W. B. Benson, a copy of which is set out in the opinion in the case of Manaudas v. Heilner, 12 Or. 335. The plaintiff, referring to that suit, alleges in his complaint herein: “That thereupon the said plaintiff brought suit…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
The only question presented by the appeal is whether the facts stated in the complaint are sufficient to constitute a cause of suit. The plaintiff having set forth the terms of the decree in Manaudas v. Heilner and Cohn, 12 Or. 335, an examination of the opinion of the court in that case becomes necessary. It was there decided that the defendants were trustees, and held the legal title to certain property for the plaintiff, and it was decreed that they should reconvey the same to him. Thayer, J., in speaking of the property transferred by Manaudas to Heilner and…
2Cases cited1 opinion
- Manaudas v. HeilnerOregon Supreme Court · 1885