Foulkes v. Sengstacken
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 2. Statement by Mr. Justice Benson. This is a suit by John M. Foulkes against Henry Sengstacken, Agnes R. Sengstacken, his wife, M. C. Horton, Daniel Ritzman, Henry Sengstacken Company, a corporation, John F. Hall, executor de bonis non of the last will and testament of Elizabeth "Williams, deceased, John F. Hall and John F. Hall, executor of the last will and testament of James T. Hall, deceased.
Read the full summary
From Coos: John S. Coke, Judge. Department 2. Statement by Mr. Justice Benson. This is a suit by John M. Foulkes against Henry Sengstacken, Agnes R. Sengstacken, his wife, M. C. Horton, Daniel Ritzman, Henry Sengstacken Company, a corporation, John F. Hall, executor de bonis non of the last will and testament of Elizabeth "Williams, deceased, John F. Hall and John F. Hall, executor of the last will and testament of James T. Hall, deceased. The facts are as follows: On July 1,1906, Elizabeth Williams, a widow, signed and acknowledged a bargain and sale deed conveying certain lands in Coos…
1Opinion of the CourtJustice Benson
With reference to the assignments of error based upon the findings of fact, it may be said at the outset that, while the evidence is conflicting, there is ample testimony in the record to justify the results reached by the trial court, and we are not inclined, therefore, to disturb them.
1, 2. The principal contention of appellant upon the legal questions involved is that the deposit of the deed with J. F. ,,Hall could not be an escrow, because the conditions of such deposit rest in parol, and therefore are rendered nugatory by the statute of frauds; and that, since this is so, the transaction…
2Cases cited3 opinions
- Cannon v. HandleyCalifornia Supreme Court · 1887
- Gaston v. City of PortlandOregon Supreme Court · 1888
- Jackson v. JacksonOregon Supreme Court · 1913
3Cited by21 opinions
- McEvoy v. HeliksonOregon Supreme Court · 1977
- Simpson v. GreenTexas Commission of Appeals · 1921
- Hanna v. HopeOregon Supreme Court · 1917
- Jones v. First Nat. BankSupreme Court of Alabama · 1921
- Lechner v. HallingWashington Supreme Court · 1950
16 more not listed; retrieve them via the Exa API.