Legal Opinion

Jenkins v. Hall

Oregon Supreme Court

Decided June 28, 1894PublishedCited by 6 opinions

Appeal from Union: Morton D. Clifford, Judge. This is an action by John Jenkins against G-. T. Hall and others to recover the possession of a certain tract of land in Union County, Oregon, particularly described in the complaint.

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Appeal from Union: Morton D. Clifford, Judge. This is an action by John Jenkins against G-. T. Hall and others to recover the possession of a certain tract of land in Union County, Oregon, particularly described in the complaint. Briefly the facts are: That on the twenty-first day of January, eighteen hundred and eighty-two, the plaintiff and Rebecca Jenkins were husband and wife; that such relation existed between them for a long time prior thereto, and continued until the death of .the wife; that on the - day of -■, eighteen hundred and ninety-one, the said Rebecca died intestate in the…

1Opinion of the Court

Opinion by

Mr. Chief Justice Lord.

1. Upon this state of facts the inquiry is, who inherits the land of the intestate Rebecca Jenkins,—the plaintiff, who was her husband at the time of her death, or her said brother and sisters? Our Code provides: “If the intestate shall leave no lineal descendants, such real property shall descend to his wife, or, if the intestate be a married woman, and leave no lineal descendants, then such property shall descend to her husband”: Subdivision 2, section 3098 Hill’s Code. It also provides that “when any man and his wife shall be seised in her right of any…

2Cases cited6 opinions

  1. Swift v. MulkeyOregon Supreme Court · 1886
  2. Trabant v. RummellOregon Supreme Court · 1886
  3. Linton v. CrosbySupreme Court of Iowa · 1880
  4. Robertson v. RobertsonSupreme Court of Iowa · 1868
  5. McKee v. ReynoldsSupreme Court of Iowa · 1869

1 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. State v. TownsendOregon Supreme Court · 1911
  2. Chance v. WestonOregon Supreme Court · 1920
  3. Potter v. PotterOregon Supreme Court · 1903
  4. Runyan v. WinstockOregon Supreme Court · 1909
  5. Callan v. Western Investment & Holding Co.Oregon Supreme Court · 1937

1 more not listed; retrieve them via the Exa API.

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