Coughanour v. Hutchinson
Oregon Supreme Court
From Union: Robert Eakin, Judge. This is a suit by W. A. Coughanour against Jas. H. & W. R. Hutchinson and Jas. Welch and wife to reform a deed and for possession of real property.
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From Union: Robert Eakin, Judge. This is a suit by W. A. Coughanour against Jas. H. & W. R. Hutchinson and Jas. Welch and wife to reform a deed and for possession of real property. On January 31, 1885, the defendants Welch and wife mortgaged certain lands in Union County, including the south half of the northwest quarter and the north half of the southwest quarter of section 22, township 6 south, range 38 east, Willamette Meridian, to the defendants Hutchinson to secure the payment of a promissory note for $3,450. In July, 1886, they sold and conveyed all of the mortgaged premises, except…
1Opinion of the CourtChief Justice Bean
There are two questions of fact to be determined: The defendants Hutchinson insist that the proof is not sufficient to authorize the reformation of the deed from Welch and wife to the plaintiff, and "the plaintiff and defendant Welch contend that it was agreed and stipulated at the time,the decree of foreclosure was entered that the property in controversy should be released from the lien of the mortgage and decree.
1. Welch testified that in 1887 he sold and intended to convey to the plaintiff what is known as the “Pilcher Place,” being part of the premises described in the mortgage; that he…
2Cases cited4 opinions
- Cooke v. CooperOregon Supreme Court · 1889
- Webb v. MaxanTexas Supreme Court · 1854
- Wilson v. TarterOregon Supreme Court · 1892
- Poole, Gilliam & Co. v. JohnsonSupreme Court of Iowa · 1883
3Cited by9 opinions
- Monese v. StruveOregon Supreme Court · 1936
- Lewis v. MillerOregon Supreme Court · 1952
- Portland Mortgage Co. v. Creditors Protective Ass'nOregon Supreme Court · 1953
- Oshatz v. GoltzCourt of Appeals of Oregon · 1981
- Crim v. ThompsonOregon Supreme Court · 1920
4 more not listed; retrieve them via the Exa API.