Bamford v. Bamford
Oregon Supreme Court
Appeal from Linn Comity. Tlie plaintiff having previously obtained • a decree of divorce brings this suit to obtain from her former husband, James Bamford, Sr., and his assigns, certain real and personal property. The suit for the divorce was commenced by her in 1869, and in March of that year a divorce was decreed in her favor.
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Appeal from Linn Comity. Tlie plaintiff having previously obtained • a decree of divorce brings this suit to obtain from her former husband, James Bamford, Sr., and his assigns, certain real and personal property. The suit for the divorce was commenced by her in 1869, and in March of that year a divorce was decreed in her favor. It does not appear that the complaint in the divorce suit contained any allegations in regard to property, and the decree there rendered does not refer to that subject. The plaintiff now charges that in January, 1868, her then husband, James Bamford, Sr., owned…
1Opinion of the Court
By the Court,
Upton, J.:
The principal questions presented in this case arise from the omission of the plaintiff to present the facts in the suit for divorce and to ask in that suit for the relief now demanded.
Section 495 of the Code, as amended in 1865, is as follows:
“Whenever a marriage shall be declared void or dissolved, the party at whose prayer such decree shall be made shall, in all such eases, be entitled to the one undivided one-third part in his or her individual right in fee, of the whole of the real estate owned by the other at the time of such decree, in addition to the further…
2Cited by19 opinions
- Houston v. TimmermanOregon Supreme Court · 1889
- Philbrick v. AndrewsWashington Supreme Court · 1894
- Swanson v. GrahamWashington Supreme Court · 1947
- Schoren v. SchorenOregon Supreme Court · 1924
- Senkler v. BerryOregon Supreme Court · 1908
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