Jackson v. Baker
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Chiee Justice Bean. This is an action by H. W. Jackson against G. W. Baker to recover $1,000 paid by the plaintiff and his assignor to the defendant in consideration of an agreement by the latter to sell and convey land entered by him as a homestead upon obtaining title thereto.
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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Chiee Justice Bean. This is an action by H. W. Jackson against G. W. Baker to recover $1,000 paid by the plaintiff and his assignor to the defendant in consideration of an agreement by the latter to sell and convey land entered by him as a homestead upon obtaining title thereto. The complaint alleges that in September, 1903, the plaintiff and defendant, and one Hamilton were the owners as tenants in common of certain mining property, and that the defendant was in possession of 160 acres of adjoining land, which he had entered under the…
1Opinion of the CourtChief Justice Bean
1. There is no bill of exceptions. The only question made on the appeal is that the contract between the plaintiff and Hamilton and the defendant, as alleged and set out in the complaint, is illegal and void as against public policy, and ought not to be enforced by the courts. The substance of the complaint is that the defendant agreed for a consideration paid by plaintiff and Hamilton to convey to Draper the legal title to his homestead after he should obtain title thereto from the United States. Such a contract is illegal and void because against the spirit and policy of the homestead law,…
2Cases cited14 opinions
- Oscanyan v. Arms Co.Supreme Court of the United States · 1881
- Anderson v. CarkinsSupreme Court of the United States · 1890
- Doon v. SmithOregon Supreme Court · 1893
- Kreamer v. EarlCalifornia Supreme Court · 1891
- Bradtfeldt v. CookeOregon Supreme Court · 1895
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Newport Construction Co. v. PorterOregon Supreme Court · 1926
- Lambert Pharmacal Co. v. Roberts Bros.Oregon Supreme Court · 1951
- Swank v. MoisanOregon Supreme Court · 1917
- Clark v. Utah Construction Co.Idaho Supreme Court · 1932
- Rosenkrantz v. BardeOregon Supreme Court · 1923
10 more not listed; retrieve them via the Exa API.