Rowe v. Freeman
Oregon Supreme Court
From Columbia: James A. Bakin, Judge. Department 2. ■ This is a suit brought to set aside a deed to six hundred and thirty-four acres of land near Scappoose, executed by Bridget M. Freeman in favor of Daniel B. Freeman, February 16, 1912. Plaintiff sues as one of the heirs at law of the grantor, who died intestate October 26, 1912. The deed in question reserved to the grantor a life estate in the property.
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From Columbia: James A. Bakin, Judge. Department 2. ■ This is a suit brought to set aside a deed to six hundred and thirty-four acres of land near Scappoose, executed by Bridget M. Freeman in favor of Daniel B. Freeman, February 16, 1912. Plaintiff sues as one of the heirs at law of the grantor, who died intestate October 26, 1912. The deed in question reserved to the grantor a life estate in the property. The deed recites a consideration of one dollar and other valuable considerations, but it is conceded that no money consideration passed at the time of its execution. At the date of the deed…
1Opinion of the Court
McCAMANT, J. —
1. It appears that Bridget M. Freeman was illiterate, but the preponderance of the evidence is that she was abundantly competent and that she had a mind of her own. She was in normal health when the deed was executed; she died of pneumonia eight months thereafter.
Grant Watts, the notary public who took the acknowledgment of the deed, testifies that he had previously advised Mrs. Freeman to execute a deed to this effect, that on the day when the deed was executed Mrs. Freeman was in her right mind and seemed to know what she was doing.. He further testifies that he read the deed,…
2Cases cited39 opinions
- MacKall v. MacKallSupreme Court of the United States · 1890
- Slack v. ReesSupreme Court of New Jersey · 1904
- Post v. HaganSupreme Court of New Jersey · 1907
- Nobles v. HuttonCalifornia Court of Appeal · 1907
- Sawyer v. WhiteCourt of Appeals for the Eighth Circuit · 1903
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3Cited by20 opinions
- Wayne v. HuberOregon Supreme Court · 1930
- Welch v. JohnsonOregon Supreme Court · 1919
- Hughes v. HelzerOregon Supreme Court · 1947
- Amado v. AguirreArizona Supreme Court · 1945
- Allen v. BredingOregon Supreme Court · 1947
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