Bailey v. Hickey
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. Department 2. This is a suit in equity instituted by Edward Bailey, plaintiff and respondent, who sought a court of equity in order to have a cloud.removed from title to lands purchased from Mrs. Jennie Mitchell. There is no question but that Bailey purchased and paid for the lands in good faith, but he delayed in having his deed recorded for about thirty days.
Read the full summary
From Lane: George F. Skipworth, Judge. Department 2. This is a suit in equity instituted by Edward Bailey, plaintiff and respondent, who sought a court of equity in order to have a cloud.removed from title to lands purchased from Mrs. Jennie Mitchell. There is no question but that Bailey purchased and paid for the lands in good faith, but he delayed in having his deed recorded for about thirty days. In the interval the defendants, Oliver M. Hickey, attorney at law, and his client, Eugene Clem, commenced an action at law against plaintiff’s vendor and caused the land to be attached. Some time…
1Opinion of the CourtBrown, J.
1, 2. The defendants insist that their demurrer should have been sustained, first, on the *255ground that “several causes of action have been improperly united.” This contention is without merit. The purpose of the suit is to remove a cloud from plaintiff’s title. The different reasons alleged in the complaint concerning the cloud on plaintiff’s title do not constitute separate causes of suit: Day v. Schnider, 28 Or. 457 (43 Pac. 650). As to defendants’ second ground of demurrer, we cannot agree with their contention that “the complaint fails to state facts sufficient to constitute a cause of…
2Cases cited17 opinions
- Weber v. RothchildOregon Supreme Court · 1887
- Rhodes v. McGarryOregon Supreme Court · 1890
- Ward v. JamesOregon Supreme Court · 1917
- Flegel v. KossOregon Supreme Court · 1906
- Scott v. HubbardOregon Supreme Court · 1913
12 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Nelson v. HughesOregon Supreme Court · 1981
- United States Nat. Bank v. HoltonOregon Supreme Court · 1921
- Teshner v. RoomeOregon Supreme Court · 1922
- Heitkemper v. SchmeerOregon Supreme Court · 1929
- Matsuda v. Noble and DecosterOregon Supreme Court · 1948
7 more not listed; retrieve them via the Exa API.