Seward v. Spurgeon

The opinion of the court was delivered by

Dunbar, C. J.

— In November, 1873, Orson M. Seward, one of the appellants in this action, and Mathias Spurgeon, one of the respondents, purchased a portion of a donation land claim of Joseph Petrain, in Clarke county, Washington. They each advanced one-half of the purchase price, with the agreement that the deed should be made to them as tenants in common, each to own an undivided one-half thereof. The deed, however, instead of being made to Seward and Spurgeon jointly, was made out by Petrain in the name of and to Orson M. Seward, by reason of which he…