Taylor v. Taylor
Oregon Supreme Court
From Coos: John S. Coke, Judge. Department 1. Statement by Mr. Justice Burnett. Tbe plaintiff, Daniel J. Taylor, by J. J. Stanley, bis guardian, brings this suit against L. F. Smith and Maggie C. Smith, his wife, his immediate grantees, and E. O. Carter and Ollie Carter, his wife, J. E. Olson and Angie Olson, his wife, as their successors in interest to set aside a conveyance of real property, on the ground that, owing to his old age and his confidence in his grantee as his…
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From Coos: John S. Coke, Judge. Department 1. Statement by Mr. Justice Burnett. Tbe plaintiff, Daniel J. Taylor, by J. J. Stanley, bis guardian, brings this suit against L. F. Smith and Maggie C. Smith, his wife, his immediate grantees, and E. O. Carter and Ollie Carter, his wife, J. E. Olson and Angie Olson, his wife, as their successors in interest to set aside a conveyance of real property, on the ground that, owing to his old age and his confidence in his grantee as his spiritual adviser, and by reason of the undue influence of the grantee, the plaintiff was induced to transfer his land…
1Opinion of the CourtJustice Burnett
In the complaint it appears that the plaintiff was the owner of a tract of land in Coos County, which he says he was induced to convey to L. F. Smith by reason of fraud, misrepresentations, undue influence and *543deceit of the latter. At the same time Smith and his wife gave back to the plaintiff a lease of the whole premises terminating on the death of the latter, which, as plaintiff says, the defendant Smith by similar tactics afterward persuaded him to cancel. It is said also in the complaint that, as an inducement to the original conveyance, Smith agreed in writing with the plaintiff to pay…
2Cases cited3 opinions
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Rutenic v. HamakarOregon Supreme Court · 1902
- Gilmore v. BurchOregon Supreme Court · 1879
3Cited by2 opinions
- Monese v. StruveOregon Supreme Court · 1936
- McCredie v. McCredieOregon Supreme Court · 1930