Thayer v. Thayer
Oregon Supreme Court
Prom Washington: James U. Campbell, Judge. Department 1. Statement by Mr. Chief Justice McBride. This is a cross-bill in equity by Oscar Thayer and Cassie O. Thayer against Emily M. Thayer and Walton Thayer to restrain the prosecution of an action of ejectment, arising out of the following facts: On the 16th day of October, 1911, the defendant Emily M. Thayer, who is the wife of Walton Thayer, commenced an action in ejectment against these plaintiffs to recover possession of…
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Prom Washington: James U. Campbell, Judge. Department 1. Statement by Mr. Chief Justice McBride. This is a cross-bill in equity by Oscar Thayer and Cassie O. Thayer against Emily M. Thayer and Walton Thayer to restrain the prosecution of an action of ejectment, arising out of the following facts: On the 16th day of October, 1911, the defendant Emily M. Thayer, who is the wife of Walton Thayer, commenced an action in ejectment against these plaintiffs to recover possession of a tract of land in Washington County, which for convenience will hereafter be referred to as the Ridgeway place.…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1, 2. The legal title to the land in question was taken in the name of the defendant Emily M. Thayer, and, the purchase price having been paid with her money, she cannot be divested of such title in this suit by any promises or statements made by her husband without her knowledge, or actual or implied authority given by her, or by such promises made by her personally. It has been the settled law in this state since the case of Barrett v. Schleich, 37 Or. 613 (61 Pac. 792), that agreements of the character described in plaintiffs’ complaint will be enforced…
2Cases cited7 opinions
- Emmel v. HayesSupreme Court of Missouri · 1890
- Wagonblast v. WhitneyOregon Supreme Court · 1885
- Truman v. TrumanSupreme Court of Iowa · 1890
- Wilson v. WilsonSupreme Court of Iowa · 1896
- Barrett v. SchleichOregon Supreme Court · 1900
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Holohan v. McCarthyOregon Supreme Court · 1929
- Goff v. KelseyOregon Supreme Court · 1915
- Mathews v. TobiasOregon Supreme Court · 1921
- Skinner v. FurnasOregon Supreme Court · 1916
- Conradi v. PerkinsCourt of Appeals of Oregon · 1997
2 more not listed; retrieve them via the Exa API.