Long v. Dufur
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Statement by Me. Justice Buenett. This is a suit in equity commenced by Marion E. Clinton, widow of Richard Clinton, deceased, to cancel the satisfaction of a mortgage given by him to her prior to their marriage, entered on the margin of the record thereof, on the ground that the satisfaction was entered by a mutual mistake of her and her then husband, and further to foreclose the mortgage.
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From Multnomah: William N. Gatens, Judge. Statement by Me. Justice Buenett. This is a suit in equity commenced by Marion E. Clinton, widow of Richard Clinton, deceased, to cancel the satisfaction of a mortgage given by him to her prior to their marriage, entered on the margin of the record thereof, on the ground that the satisfaction was entered by a mutual mistake of her and her then husband, and further to foreclose the mortgage. It is alleged in the complaint that the defendant Hattie Mullen and other defendants have, or claim to have, some interest or claim on the real property described…
1Opinion of the CourtJustice Burnett
Mr. Justice Bean dissents.
1. The crucial question in the case is whether or not Mrs. Mullen was the adopted daughter of Richard Clinton, deceased. In support of her case Mrs. Mullen introduced in evidence Chapter 7, Title XV, of the Code of Iowa of 1873, reading as follows:
“Of the Adoption of Children.
“Sec. 2307. Any person competent to make a will is authorized in manner hereinafter set forth, to adopt as his own the minor child of another, conferring thereby upon such child all the rights, privileges, and responsibilities which would pertain to the child if born to the person adopting in…
2Cases cited7 opinions
- Furgeson v. JonesOregon Supreme Court · 1888
- Purinton v. JamrockMassachusetts Supreme Judicial Court · 1907
- Estate of Lamb v. MorrowSupreme Court of Iowa · 1908
- Balfour v. DavisOregon Supreme Court · 1886
- Thomas v. MaloneyMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Zockert v. FanningOregon Supreme Court · 1990
- Williams Et Ux. v. CapparelliOregon Supreme Court · 1946
- Schultz v. First Nat. Bk. of PortlandOregon Supreme Court · 1959
- In Re Frazier's EstateOregon Supreme Court · 1946
- Casner v. HoskinsOregon Supreme Court · 1912
10 more not listed; retrieve them via the Exa API.