Frarey v. Wheeler
Oregon Supreme Court
Appeal from Multnomah County. On the 1st day of April, 1867, the respondents, Wheeler and wife, covenanted to and with appellant, to convey to him in fee simple, with the usual covenants of warranty, certain real estate held by said Jemima J., in her own right, under the Donation Law of September 27th, 1850. The consideration of this covenant was the payment at the time by appellant of twenty dollars in gold coin and his agreement to pay, one year after date, the further sum…
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Appeal from Multnomah County. On the 1st day of April, 1867, the respondents, Wheeler and wife, covenanted to and with appellant, to convey to him in fee simple, with the usual covenants of warranty, certain real estate held by said Jemima J., in her own right, under the Donation Law of September 27th, 1850. The consideration of this covenant was the payment at the time by appellant of twenty dollars in gold coin and his agreement to pay, one year after date, the further sum of three hundred and eighty dollars in like money. By the terms of the covenant appellant was to have, and did take…
1Opinion of the Court
By the Court,
Bonham, J. :
Two questions are presented by the record in this case.
First. Can a married woman in any event be held liable under her covenant, entered into during coverture, to convey real estate held by her in her own right?
Second. Upon the failure or refusal of such married woman to convey her lands under such covenant, may the aid of a Court of equity be invoked to compel money advanced on the purchase-price, and value of permanent improvements made on the premises, to be refunded?
*194In support of the first proposition, it is claimed by counsel for appellant, that the right of a…
2Cases cited2 opinions
- Jaques v. Trustees of the Methodist Episcopal ChurchCourt for the Trial of Impeachments and Correction of Errors · 1820
- Ballin v. . DillayeNew York Court of Appeals · 1867
3Cited by4 opinions
- Wood v. RayburnOregon Supreme Court · 1889
- Finlayson v. FinlaysonOregon Supreme Court · 1889
- Kellogg v. KelloggOregon Supreme Court · 1928
- Hass v. SedlakOregon Supreme Court · 1881