Farnum v. Loomis
Oregon Supreme Court
Error to Multnomah County. Sarah Loomis sued the plaintiff in error, for an assignment of dower in a lot in Portland, claiming that her late husband, James Loomis, was seized of an estate of inheritance in the lot during coverture.
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Error to Multnomah County. Sarah Loomis sued the plaintiff in error, for an assignment of dower in a lot in Portland, claiming that her late husband, James Loomis, was seized of an estate of inheritance in the lot during coverture. The lot is embraced in the donation land claim of Benjamin Stark, who entered upon his claim in September, 1849, completing his necessary four years’ residence and cultivation in September, 1853. On the 5th of September, 1850, Stark conveyed the lot to Molthrop, who went into possession under an instrument, which, upon the trial, was excluded from the jury as no…
1Opinion of the CourtStratton, J.
The first exception of importance, taken at the trial, was to the instruction of the judge to the jury in the following words: “ That the plaintiff was entitled to recover upon proving that she and her husband took possession of the property under a deed, unless the defendant showed he had a better title.” In this instruction there was error. Farnum was in possession, deriving his title through Loomis, who conveyed to him by a quit-claim deed, and this instruction of the court, to the effect that the defendant, Farnum, must show a better title than the husband of the demandant, or the…
2Cases cited1 opinion
- Watkins v. Lessee of HolmanSupreme Court of the United States · 1842
3Cited by8 opinions
- Whiteaker v. VanschoiackOregon Supreme Court · 1873
- Walters v. WaggenerOregon Supreme Court · 1922
- Chance v. WestonOregon Supreme Court · 1920
- Brown v. Security Savings & Trust Co.Oregon Supreme Court · 1932
- Gratton v. Gratton's EstateOregon Supreme Court · 1929
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