Legal Opinion

Donohoe v. Tjosevig

District Court, D. Alaska

Decided March 6, 1919No. 853PublishedCited by 3 opinions

Valdez. The original complaint in this case was filed September 5, 1916, and it alleged that plaintiffs and defendants Tjosevig and Halverson entered into a contract as follows: “Contract.

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Valdez. The original complaint in this case was filed September 5, 1916, and it alleged that plaintiffs and defendants Tjosevig and Halverson entered into a contract as follows: “Contract. “This contract and agreement, made and entered into this 12th day of January, 1911, by and between Christian Tjosevig and Eli Tjosevig, husband and wife, and Andrew Halverson, all of Valdez, Alaska, the parties of the first part, and Edmund Smith and T. J. Donohoe, of the same place, the parties of the second part, witnesseth: “That whereas, the parties of the first part are the same parties named as…

1Opinion of the Court

JENNINGS, District Judge.

The ca§e largely revolves around the issue arising out of the allegation by defendants of the failure of plaintiffs to contribute their proportion of the cost of the assessment work for the years 1913-14 and the alleged “forfeiture” of plaintiffs’ interests.

Defendants contend that the “contract” for attorney’s compensation is a deed, and made' Donohoe and Smith co-owners of the legal title, insomuch as it uses this language:

“And .¡said parties of the first part hereby give and grant unto said parties of the second part, their heirs, executors, and assigns, the said…

2Cases cited4 opinions

  1. Moelle v. SherwoodSupreme Court of the United States · 1893
  2. Brown v. JacksonSupreme Court of the United States · 1818
  3. Pack v. ThompsonCourt of Appeals for the Ninth Circuit · 1915
  4. Haynes v. BriscoeSupreme Court of Colorado · 1901

3Cited by3 opinions

  1. Cornwall v. BairdAlaska Supreme Court · 1986
  2. Harvey v. BallaghCalifornia Court of Appeal · 1940
  3. Porter v. JugovichIdaho Supreme Court · 1929

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