De Vol v. Citizens Bank
Oregon Supreme Court
From Multnomah: Robert Tucker, Judge. Department 2. This is an action to recover $1,000 alleged to have been deposited by the plaintiff with .the defendant, to be held by it as a sort of stakeholder, in a transaction between the plaintiff and Lambert & Whitmer, who had purchased from the plaintiff and his sister certain real estate in the City of Portland, in relation to the payment of certain paving liens, which had been assessed against the property by the city.
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From Multnomah: Robert Tucker, Judge. Department 2. This is an action to recover $1,000 alleged to have been deposited by the plaintiff with .the defendant, to be held by it as a sort of stakeholder, in a transaction between the plaintiff and Lambert & Whitmer, who had purchased from the plaintiff and his sister certain real estate in the City of Portland, in relation to the payment of certain paving liens, which had been assessed against the property by the city. About September 1, 1905, the plaintiff and his sister, Mary De Vol, conveyed to A. W. Whitmer for Lambert & Whitmer, the property…
1Opinion of the CourtBennett, J.
1. The first question presented by the appeal is whether or not the court erred in permitting George De Yol and his sister, Mary De Vol, to testify that while the legal title to the property was in her name, she held it under a parol trust, and tha:t the plaintiff was really the beneficial owner. This question is presented by assignments of error 1, 2, 3, 4, 5 and 6. All of the questions presented in these assignments are fully covered by assignment 3, where Mary De Yol was asked:
“State fully why George De Yol deeded said property to you. What, if any, consideration did you pay him for doing…
2Cases cited2 opinions
- Hays v. RegerIndiana Supreme Court · 1885
- Richmond v. BlochOregon Supreme Court · 1900
3Cited by7 opinions
- Welch v. JohnsonOregon Supreme Court · 1919
- Chance v. WestonOregon Supreme Court · 1920
- Schrunk v. HawkinsOregon Supreme Court · 1930
- Wakefield, Fries & Co. v. Sherman, Clay & Co.Oregon Supreme Court · 1932
- Kane v. KaneOregon Supreme Court · 1929
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