Murray v. Murray
Oregon Supreme Court
This suit was originally brought by Winnifred Murray against Mary Ann Murray, the respondent. During the pendency of the suit Winnifred died, and the suit has been continued in the name of her legatee and executrix, the appellant.
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This suit was originally brought by Winnifred Murray against Mary Ann Murray, the respondent. During the pendency of the suit Winnifred died, and the suit has been continued in the name of her legatee and executrix, the appellant. The complaint alleges that on May 1, 1854, and long-prior to that time Winnifred was the wife of one John Murray, and that she continued so to be until his death in 1852. That on the first of May, 1854, Jolm Murray, being a citizen, and capable of taking a donation land claim under the act of congress of September 27, 1850, made actual settlement upon a certain…
1Opinion of the Court
By the Court, Boise, J.:
The questions presented arise on the evidence and the objection thereto on the. trial. To prove the marriage of John and Winnifred Murray, the deposition of said Winnifred is now offered in evidence. Said deposition was taken and used in evidence to prove this same marriage in the case of Thomas Murray against the respondent et aL, which was an action of ejectment commenced by said Thomas (who was alleged to be the son of said John and Winnifred) to recover his portion of his father’s half of this same land claim; though it appears that this deposition was taken as…
2Cases cited1 opinion
- Vandolf v. OtisOregon Supreme Court · 1854
3Cited by5 opinions
- Lassas v. McCartyOregon Supreme Court · 1906
- Summerville v. SummervilleWashington Supreme Court · 1903
- Moore v. SimonsonOregon Supreme Court · 1895
- French v. State Industrial Accident CommissionOregon Supreme Court · 1937
- State v. WheelerWashington Supreme Court · 1916