Swank v. Swank
Oregon Supreme Court
From Linn : Henry H. Hewitt, Judge. This is a suit by Mary E. Swank, individually and as administratrix of J. it. Swank, deceased, and others, against Phillip Swank, to remove an alleged cloud from the title to real property, to set aside a deed thereto, and to cancel a bill of sale of personal property.
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From Linn : Henry H. Hewitt, Judge. This is a suit by Mary E. Swank, individually and as administratrix of J. it. Swank, deceased, and others, against Phillip Swank, to remove an alleged cloud from the title to real property, to set aside a deed thereto, and to cancel a bill of sale of personal property. The facts are that on November 21, 1897, Jay R. Swank was accidently wounded by a gunshot, and on February 3, 1898, having been informed by his physician that he would probably not survive the injury, and advised that if he had any business that needed settlement he ought to give it…
1Opinion of the CourtJustice Moore
1. It is contended by plaintiff’s counsel that the testimony shows that it was the intention of the parties that the deed and bill of sale should not be delivered except in case of Jay R. Swank’s death, thus evidencing his purpose to retain control of the deed, but that the defendant, without any authority therefor, secured its possession and caused it to be recorded, thereby casting a cloud upon the title to the premises, and hence the court erred in dismissing the suit. The delivery of a deed is a prerequisite to its validity, and, while no particular formalities are essential to constitute…
2Cases cited12 opinions
- Chrisman v. CherismanOregon Supreme Court · 1888
- Heirs of Clark v. EllisOregon Supreme Court · 1881
- Luper v. WertsOregon Supreme Court · 1890
- Fain v. SmithOregon Supreme Court · 1886
- Allen v. AyerOregon Supreme Court · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Hanns v. HannsOregon Supreme Court · 1967
- Ames v. AmesOregon Supreme Court · 1902
- Archambeau v. EdmunsonOregon Supreme Court · 1918
- Wallace v. American Life InsuranceOregon Supreme Court · 1924
- Turney v. StoneOregon Supreme Court · 1923
19 more not listed; retrieve them via the Exa API.