Noyes v. Stauff
Oregon Supreme Court
Appeal from Coos County. On the 3d of November, 1874, defendant conveyed to plaintiff, by deed containing a covenant of warranty against incumbrances, lots 5 and 6, in the town of Marshfield, Coos County, Oregon.
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Appeal from Coos County. On the 3d of November, 1874, defendant conveyed to plaintiff, by deed containing a covenant of warranty against incumbrances, lots 5 and 6, in the town of Marshfield, Coos County, Oregon. The complaint alleges that at the time this deed was made the premises were not free of incumbrances, but that there existed at that time an unexpired lease by the defendant to James Ferry and S. S. Bailey, for the term of two years, from April 15, 1875, with a privilege to Ferry and Bailey of an additional .year after the expiration of said term; and that by reason of this…
1Opinion of the Court
By the Court,
Prim, J.:
This is an action to recover damages for a breach of warranty in a deed against incumbrances upon certain lots sold to plaintiff by defendant.
The principal issue of fact raised by the pleadings is, as to the existence of a valid and unexpired lease for a term of two years, upon the lots in question. The first assignment of error contained in the notice of appeal is, “that the court erred in overruling plaintiff’s demurrer.” This assignment was not relied upon in the argument by counsel for plaintiff. If, however, there w'as error in overruling the demurrer of plaintiff,…
2Cases cited2 opinions
- New Jersey v. WilsonSupreme Court of the United States · 1812
- Dingman v. KellyIndiana Supreme Court · 1856
3Cited by8 opinions
- High v. DavisOregon Supreme Court · 1978
- Bevan v. TemplemanOregon Supreme Court · 1933
- Bingham v. HoneymanOregon Supreme Court · 1898
- Hertel v. WoodardOregon Supreme Court · 1948
- Coast Business Brokers, Inc. v. HickmanOregon Supreme Court · 1964
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