Rieger v. Harrington
Oregon Supreme Court
From Multnomah: Bobert G. Morrow, Judge. Department 2. Tbe record in this case discloses that on March 1, 3898, C. B. Bieger, plaintiff herein, was a married man, residing in Multnomah County, Oregon; that he was the owner in fee simple of the south half of lot Numbered 7 in Block Numbered 17, in East Portland, now within the corporate limits of the City of Portland, and that on that date he executed and delivered to his wife a warranty deed, conveying to her the fee-simple…
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From Multnomah: Bobert G. Morrow, Judge. Department 2. Tbe record in this case discloses that on March 1, 3898, C. B. Bieger, plaintiff herein, was a married man, residing in Multnomah County, Oregon; that he was the owner in fee simple of the south half of lot Numbered 7 in Block Numbered 17, in East Portland, now within the corporate limits of the City of Portland, and that on that date he executed and delivered to his wife a warranty deed, conveying to her the fee-simple title to the following described property: “All of the South One-half .of Lot Numbered 7 in Block Numbered 117, East…
1Opinion of the CourtBrown, J.
The question presented is whether plaintiff, a nonresident of the State of Oregon, is entitled to an estate by the curtesy in the lands of his deceased wife of which she was not seized at the time of her death but had conveyed some years prior thereto.
1. In an action to establish the right of tenancy by the curtesy, the burden is on the husband to show the existence of the facts entitling him to the cnrtesy: 17 C. J., § 61, p. 436.
“The origin of the estate by the curtesy, although very ancient, is involved in obscurity; nor is there any principle to which by consent it is referable. * * It is…
2Cases cited20 opinions
- United States v. FoxSupreme Court of the United States · 1877
- Cope v. CopeSupreme Court of the United States · 1891
- United States v. KeitelSupreme Court of the United States · 1908
- Conner v. St. John ElliottSupreme Court of the United States · 1856
- United States v. BashawCourt of Appeals for the Eighth Circuit · 1892
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