Farley v. Parker
Oregon Supreme Court
Appeal from Marion County. The facts are stated in the opinion of the court. A deed from an insane person, not under guardianship, is voidable only, not void, and creates a seisin. If the plaintiff had a remedy it was in equity to have the deed set aside, as an act of an insane person.
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Appeal from Marion County. The facts are stated in the opinion of the court. A deed from an insane person, not under guardianship, is voidable only, not void, and creates a seisin. If the plaintiff had a remedy it was in equity to have the deed set aside, as an act of an insane person. A court of law'is bound to enforce a written contract or deed; a court of equity may go behind either, and inquire into the condition of the parties, and the very right of the case between them. .Thus Earley could not have his equitable estate inquired into in his action of ejectment. • He is confined to his…
1Opinion of the Court
By the Court, Prim, C. J.:
This is an action to recover the possession of real property. The respondent claims to own the undivided one-sixth part of eighty acres of land, as one of the heirs at law of Michael Farley deceased.. The answer denies the allegations of the complaint, and alleges that one Colvin is the owner of said land, and that appellant is in the possession thereof under a contract of purchase from said Colvin.
The replication puts in issue’ the affirmative allegations in the answer. Despondent obtained a verdict and judgment in the court below, from which appellant appeals to…
2Cases cited2 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Van Deusen v. . SweetNew York Court of Appeals · 1873
3Cited by19 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- State v. FiesterOregon Supreme Court · 1897
- French Lumbering Co. v. TheriaultWisconsin Supreme Court · 1900
- Rutenic v. HamakarOregon Supreme Court · 1902
- Dougherty v. PoweSupreme Court of Alabama · 1900
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