Cooke v. Cooper

Tbis cause was tried by tbe court below without tbe intervention of a jury, and tbe only questions of law we are required to consider arise upon tbe findings, wbicb are as follows:

“(1) Tbat A. C. McDonald, named in tbe complaint, died *143intestate on the twenty-first day of September, 1878, seised and possessed at the time of his death of the real property mentioned in the complaint, and described as lots one (1) and two (2), in block 120, Stephens’ addition to East Portland, Multnomah county, Oregon.

“(2) That said A. C. McDonald and his wife, on the twenty-third day of March, 1878, to secure…