Legal Opinion

Robison v. Hicks

Oregon Supreme Court

Decided March 23, 1915Published

From Jackson: James W. Hamilton, Judge. Department 1. Statement by Mr. Chief Justice Moore. This is a suit by Mrs. C. J. Robison against J. E. Hicks, administrator of tbe estate of Charles Bland, deceased, and others, to set side a decree and to impress an alleged lien on real property.

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From Jackson: James W. Hamilton, Judge. Department 1. Statement by Mr. Chief Justice Moore. This is a suit by Mrs. C. J. Robison against J. E. Hicks, administrator of tbe estate of Charles Bland, deceased, and others, to set side a decree and to impress an alleged lien on real property. The material averments of the complaint, as to the first canse of suit, are to the effect that on November 2,1904, John Bailey was the owner in fee simple of lots 1 and 2 in block 35, Coolidge Addition to the City of Ashland, Oregon, and on that day he and his wife executed a deed of the premises to Charles…

1Opinion of the Court

*23Opinion by

Mr. Chief Justice Moore.

An examination of the allegations of the complaint will show that the deed executed by Mrs. Bailey to the plaintiff was duly recorded March 26, 1908, and imparted notice of the conveyance before Charles Bland instituted his suit against Mrs. Robison to quiet her alleged title.

1. Mrs. Bailey joined her husband in executing the deed to Bland, barring her inchoate right of dower, and hence no estate, right, title or interest remained to be conveyed by her deed to the plaintiff.

2. If, as alleged in the complaint, Bland neglected or refused properly to care for or…

2Cases cited4 opinions

  1. Thomas v. ThomasOregon Supreme Court · 1893
  2. Patton v. NixonOregon Supreme Court · 1898
  3. Watson v. SmithOregon Supreme Court · 1879
  4. Storey-Bracher Lumber Co. v. BurnettOregon Supreme Court · 1912

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