Butts v. Purdy
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is a suit brought by Agnes Butts, as administra-trix of the estate of H. D. Winters, deceased, against the defendant, Will E. Purdy, to have declared void and canceled an alleged deed from H. D. Winters, plaintiff’s intestate, to defendant.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McBride. This is a suit brought by Agnes Butts, as administra-trix of the estate of H. D. Winters, deceased, against the defendant, Will E. Purdy, to have declared void and canceled an alleged deed from H. D. Winters, plaintiff’s intestate, to defendant. The complaint alleges, in substance, that Winters died intestáte on June 20, 1911; that plaintiff was' appointed administratrix of his estate and took possession of the real and personal property known to have belonged to deceased in his lifetime, the real estate consisting of…
1Opinion of the CourtJustice McBride
1, 2. This is a remarkable case. The defendant claims to be the owner of the property in dispute by reason of a conveyance from H. D. Winters, and, irrespective of the *154question as to who introduced in evidence the deed under which he claims, the burden of proof is upon him to show, by a fair preponderance of the evidence, that he holds a conveyance to the property made to him by Winters. He produces an instrument purporting to be such a deed, but bearing upon its face evidences of mutilation for which he attempts to account. His own story is in itself improbable in so many particulars that we…
2Cases cited2 opinions
- State v. MainSupreme Court of Connecticut · 1897
- State v. MorrisSupreme Court of Connecticut · 1879
3Cited by13 opinions
- Kuhnhausen v. StadelmanOregon Supreme Court · 1944
- Christman v. SalwayOregon Supreme Court · 1922
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- State v. CourserWashington Supreme Court · 1939
- Durkin v. WardOregon Supreme Court · 1913
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