Steel v. Holladay
Oregon Supreme Court
Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. The defendant demurred to plaintiff’s amended complaint, which being sustained, a final judgment was entered in favor of the defendant, from which this appeal is taken. The plaintiff sues as administrator with the will annexed of Ben Holladay, deceased.
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Multnomah county: E. D. Shattuck, Judge. Plaintiff appeals. The defendant demurred to plaintiff’s amended complaint, which being sustained, a final judgment was entered in favor of the defendant, from which this appeal is taken. The plaintiff sues as administrator with the will annexed of Ben Holladay, deceased. The amended complaint, after setting forth at length the plaintiff’s appointment and qualification, the previous appointment of Joseph Holladay as executor, the provisions of the will, and the condition of the said 10,000 shares of the capital stock of the Oregon Real Estate Company;…
1Opinion of the CourtStrahan, C. J.
— The only question presented on this appeal is the sufficiency of the complaint. It appears that Joseph Holladay had been the executor of Ben Holladay’s will and for cause was removed from his trust. While he was acting as such executor, the property described in the complaint was sold under a decree of the circuit court of the United States for the district of Oregon, and a time specified in the decree of the federal court within which a redemption might be had. The amount for which the property sold was more than |330,000. Independently of the provision of the Code conferring exclusive…
2Cases cited3 opinions
- Irwin v. BackusCalifornia Supreme Court · 1864
- Adams v. PetrainOregon Supreme Court · 1884
- Brown v. BrownNew York Supreme Court · 1869
3Cited by7 opinions
- First Trust & Savings Bank v. HendersonSupreme Court of Florida · 1931
- Knight v. HamakarOregon Supreme Court · 1901
- Stanley v. United States National BankOregon Supreme Court · 1924
- Brown v. StromSupreme Court of Minnesota · 1910
- Estate of Padgett v. SmithMissouri Court of Appeals · 1905
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