Legal Opinion

McNair v. Benson

Oregon Supreme Court

Decided August 13, 1912PublishedCited by 12 opinions

From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is a suit by J. S. McNair against C. G. Benson, B. M. Benson, and E. P. Dosch to set aside a transfer of an interest in real property, to cancel negotiable promissory notes, to enjoin a disposal of such estate and commercial paper, and to recover money.

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From Multnomah: John P. Kavanaugh, Judge. Statement by Mr. Justice Moore. This is a suit by J. S. McNair against C. G. Benson, B. M. Benson, and E. P. Dosch to set aside a transfer of an interest in real property, to cancel negotiable promissory notes, to enjoin a disposal of such estate and commercial paper, and to recover money. It is alleged in the complaint, in effect, that on January 18, 1911, the defendants, conspiring to defraud the plaintiff, confined him in a room, refused to liberate him, threatened him with criminal charges, and to do all in their power to injure and disgrace him,…

1Opinion of the Court

Mr.' Justice Moore

delivered the opinion of the court.

1. The evidence shows that on April 11, 1910, W. W. Fawk executed to C. C. Murtón a writing, in which he stipulated to convey to the latter what was then supposed to be 320 acres of land for $18,500, of which sum $100 was then received. $3,900 was to be paid when an abstract of the title to the premises was furnished and a deed to the land executed. $4,500 was to be paid January 1, 1911, and the remainder, $10,000, on or before five years, with interest on the two latter sums at 6 per cent per annum. A survey of the land having been made,…

2Cases cited3 opinions

  1. Smith v. FarraOregon Supreme Court · 1891
  2. Bingham v. LipmanOregon Supreme Court · 1901
  3. Osmun v. WintersOregon Supreme Court · 1896

3Cited by12 opinions

  1. Taylor v. GrantOregon Supreme Court · 1955
  2. Niner v. HansonCourt of Appeals of Maryland · 1958
  3. Dickerson v. MurfieldOregon Supreme Court · 1944
  4. Bias v. BiasWest Virginia Supreme Court · 1930
  5. Judy Brown v. Judith M. LeeCourt of Appeals of Minnesota · 2015

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