Banfield v. Small

This is a suit for specific performance of a contract to purchase real property. It appears from the complaint that plaintiff and his wife, Marie Banfield, occupied and lived on lot 9, block 5, in Howe’s Addition to the city of Portland, as their homestead, continuously until her death on February 2, 1928. On March 26, 1930, the probate department of the circuit court for Multnomah county entered an order whereby this real property was set aside as homestead for the plaintiff, and such order was thereafter affirmed by this court (In re Banfield’s Estate, 137 Or. 167, 137 Or. 256 (296 P. 1066…