Thomas v. Thomas
Oregon Supreme Court
Union County: Morton D. Clifford, Judge. The object of this suit is twofold — First, to cancel and set aside a conveyance of certain lands by the plaintiff, Israel Thomas, to his son S. K. Thomas, and the deed from S. K. Thomas to his co-defendant, Delaney; second, for a decree making the deferred payments upon certain other lands sold by the plaintiff to' the defendants a lien upon the lands.
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Union County: Morton D. Clifford, Judge. The object of this suit is twofold — First, to cancel and set aside a conveyance of certain lands by the plaintiff, Israel Thomas, to his son S. K. Thomas, and the deed from S. K. Thomas to his co-defendant, Delaney; second, for a decree making the deferred payments upon certain other lands sold by the plaintiff to' the defendants a lien upon the lands. From the pleadings and the evidence upon the first cause of suit it appears that on January 5, 1889, the plaintiff, who was then about seventy-five years old, and without any one to care or provide for…
1Opinion of the CourtJustice Bean
'1. A careful examination of the question has satisfied us that the decree, so far as the first cause of suit is concerned, should be affirmed. The contract of the defendant, S. K. Thomas, to give his father a home and support upon the land, as a part of the consideration for the conveyance, was a personal obligation, to be performed by him alone, and could not be assigned, without the consent *255of the father, so as to substitute some other person in his place. The principal consideration for the deed to the son was the support and maintenance of the plaintiff upon the farm during his old age,…
2Cases cited3 opinions
- Daniels v. EisenlordMichigan Supreme Court · 1862
- Inhabitants of Clinton v. FlySupreme Judicial Court of Maine · 1833
- Bryant v. ErskineSupreme Judicial Court of Maine · 1867
3Cited by15 opinions
- Huffman v. RicketsIndiana Court of Appeals · 1916
- Payette v. FerrierWashington Supreme Court · 1899
- Willis v. LanceOregon Supreme Court · 1896
- Howard v. JacksonOregon Supreme Court · 1958
- De Atley v. StreitMontana Supreme Court · 1928
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