Multnomah County v. Dekum
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. This is a suit by Multnomah County against Adolph A. Dekum, as trustee under the last will and testament of Frank Dekum, deceased, and others, to set aside a compromise and settlement, whereby certain tax certificates were, upon the payment of a part of the money due thereon,' canceled of record and surrendered.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Moore. This is a suit by Multnomah County against Adolph A. Dekum, as trustee under the last will and testament of Frank Dekum, deceased, and others, to set aside a compromise and settlement, whereby certain tax certificates were, upon the payment of a part of the money due thereon,' canceled of record and surrendered. The facts are that the heirs at law of the deceased are the owners in fee of lots 1 and 2 in block 48, lots 3 and 4 in block 38, and lot 5 in block 18 of the City of Portland, and also lot 1 and the south half of…
1Opinion of the CourtJustice Moore
The complaint herein does not allege any fraud or misrepresentation as a basis for setting aside the compromise and settlement. Neither does it aver that such agreement was not made in good faith, unless concealment can be inferred from the statement that the trustee did not inform the county court that the decree rendered in the case of Dekum v. Multnomah County, 38 Or. 253 (63 Pac. 496) had been affirmed.
The doctrine once prevailed that the failure of a party to a contract to disclose every material fact of which he knew the adverse party was ignorant, although such actuality was equally…
2Cases cited5 opinions
- Dambmann v. . SchultingNew York Court of Appeals · 1878
- Cleaveland v. RichardsonSupreme Court of the United States · 1889
- Graham v. . MeyerNew York Court of Appeals · 1885
- Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905
- Dekum v. Multnomah CountyOregon Supreme Court · 1901
3Cited by6 opinions
- Oakman v. City of EvelethSupreme Court of Minnesota · 1925
- Franklin County v. CarstensWashington Supreme Court · 1912
- Shipp Ex Rel. Fayette County v. RodesCourt of Appeals of Kentucky (pre-1976) · 1927
- General Discount Corp. v. SchramDistrict Court, E.D. Michigan · 1942
- Gilliland v. Mount Vernon Hotel Co.Washington Supreme Court · 1958
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