Velten v. Carmack
Oregon Supreme Court
Multnomah County: Loyal B. Stearns, Judge. Suit against Penumbra Kelly, sheriff, and Tatum & Bowen, judgment creditors of Margaret Carmack, to enjoin the enforcement of an execution against certain property of plaintiff, and to quiet title against Margaret Carmack and Tatum & Bowen. The case was referred to F. D. Chamberlain, who reported in favor of plaintiff, and a decree was entered accordingly in the circuit court The defendants Tatum & Bowen appeal.
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Multnomah County: Loyal B. Stearns, Judge. Suit against Penumbra Kelly, sheriff, and Tatum & Bowen, judgment creditors of Margaret Carmack, to enjoin the enforcement of an execution against certain property of plaintiff, and to quiet title against Margaret Carmack and Tatum & Bowen. The case was referred to F. D. Chamberlain, who reported in favor of plaintiff, and a decree was entered accordingly in the circuit court The defendants Tatum & Bowen appeal. This is a suit in equity to quiet title, and grows out of the following facts; On October 3, 1882, one Robert Gilbert, the father of the*…
1Opinion of the CourtMoore, J.
(after stating the facts). — At common law, the wife’s legal identity was merged in that of her husband. The title to all her personal property vested in him by the act of marriage. He had the entire control of his wife’s land during their joint lives, and in the event of issue born alive and his survivorship, he had a vested interest therein. He was entitled to ante-nuptial choses in action and her post-nuptial acquisitions. The wife could take property as grantee, but the husband could not convey to her, for the reason he would in theory be conveying to himself. He might devise his lands to…
2Cases cited4 opinions
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Meeker v. MeekerSupreme Court of Connecticut · 1844
- Bruce v. SlempSupreme Court of Virginia · 1886
- Parks v. ParksCourt of Appeals of Maryland · 1863
3Cited by17 opinions
- Erickson v. WiperNorth Dakota Supreme Court · 1916
- Peery v. FletcherOregon Supreme Court · 1919
- Howell v. FolsomOregon Supreme Court · 1900
- Koogle v. ClineCourt of Appeals of Maryland · 1909
- Stotts v. StottsMichigan Supreme Court · 1917
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