Durkin v. Ward
Oregon Supreme Court
From Lincoln: Lawrence T. Harris, Judge. Department 2. Statement by Mr.' Justice Bean. This is a suit by K. A. Durkin against Eugene S. Ward, to quiet title to a quarter-section of timber land. Plaintiff appeals from a decree in favor of defendant. Plaintiff alleges that she is the owner in fee simple and entitled tó the possession of certain real estate situated in Lincoln County, Oregon.
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From Lincoln: Lawrence T. Harris, Judge. Department 2. Statement by Mr.' Justice Bean. This is a suit by K. A. Durkin against Eugene S. Ward, to quiet title to a quarter-section of timber land. Plaintiff appeals from a decree in favor of defendant. Plaintiff alleges that she is the owner in fee simple and entitled tó the possession of certain real estate situated in Lincoln County, Oregon. Defendant denies the allegations of the complaint, and alleges that he is the owner in fee simple of the land.
1Opinion of the CourtJustice Bean
Plaintiff and defendant commenced to live together as husband and wife in 1903, and so resided, without being married, until February, 1910. On the 25th day of April, 1906, defendant by warranty deed conveyed the premises in question to plaintiff, the deed being duly recorded in Lincoln County May 2, 1906. This deed recites a consideration of “one ($1.00) and other valuable consideration. ’ ’ The plaintiff claims title by virtue of this deed. A certified copy of the record of deed of the land from plaintiff to defendant, purporting to have been executed on the 23d day of December, 1907, to…
2Cases cited3 opinions
- Stuart v. LowrySupreme Court of Minnesota · 1892
- Butts v. PurdyOregon Supreme Court · 1912
- Merrill v. DearingSupreme Court of Minnesota · 1891
3Cited by10 opinions
- York v. JamesWyoming Supreme Court · 1946
- Murphy v. BjelikOregon Supreme Court · 1917
- BURNETT v. HatchOregon Supreme Court · 1954
- Freytag v. VitasOregon Supreme Court · 1958
- Johnson v. BloomerSupreme Court of Oklahoma · 1942
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