Adair v. Adair
Oregon Supreme Court
Clatsop county: F. J. Taylor, Judge. Plaintiffs appeal. The court below first struck out a part of plaintiffs’ complaint and then sustained a demurrer to the residue and entered a final decree in favor of the defendants, from which this appeal is taken. The great prolixity of t « complaint almost forbids its insertion in this statement, but the points decided by the court below will be best understood by its insertion.
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Clatsop county: F. J. Taylor, Judge. Plaintiffs appeal. The court below first struck out a part of plaintiffs’ complaint and then sustained a demurrer to the residue and entered a final decree in favor of the defendants, from which this appeal is taken. The great prolixity of t « complaint almost forbids its insertion in this statement, but the points decided by the court below will be best understood by its insertion. It is as follows:— “The above named plaintiffs Mary Rodney Adair and Samuel D. Adair complain of the above named defendants Bethenia A. Owens Adair and John Adair, and for…
1Opinion of the CourtSteahan, C. J.
This is a suit to enforce the specific performance of a written agreement to convey land. The questions presented for our consideration on this appeal *131arise out of the defendants’ motion to strike out certain portions of the complaint and the demurrer to the residue; but we prefer to reach the merits of the case, so far as possible, aside from the mere forms of pleading.
The first question to which we think it necessary to direct our attention is, the nature of the title held by the defendant Bethenia A. Owens Adair to all the lands attempted to be conveyed to her by George H. Alendell and…
2Cases cited29 opinions
- Peugh v. DavisSupreme Court of the United States · 1878
- Brinkman v. JonesWisconsin Supreme Court · 1878
- Booth v. HoskinsCalifornia Supreme Court · 1888
- Flagg v. MannU.S. Circuit Court for the District of Massachusetts · 1837
- Morss v. ElmendorfNew York Court of Chancery · 1844
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3Cited by19 opinions
- Grogan v. Valley Trading Co.Montana Supreme Court · 1904
- Childs v. ReedIdaho Supreme Court · 1921
- Blue River Sawmills, Ltd. v. GatesOregon Supreme Court · 1960
- Schleef v. PurdyOregon Supreme Court · 1923
- Purdy v. UnderwoodOregon Supreme Court · 1918
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