Cole v. Marvin
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. This is an appeal from an order of the Circuit Court dismissing a proceeding for admeasurement of dower begun in the County Court of Wallowa County by defendant Julia A. Estes. Mrs. Estes instituted a proceeding in the County Court for the admeasurement of her dower in the land of her deceased husband. Among other matters, it was alleged, in conformity to Section 10,060, Or.
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From Wallowa: John W. Knowles, Judge. In Banc. This is an appeal from an order of the Circuit Court dismissing a proceeding for admeasurement of dower begun in the County Court of Wallowa County by defendant Julia A. Estes. Mrs. Estes instituted a proceeding in the County Court for the admeasurement of her dower in the land of her deceased husband. Among other matters, it was alleged, in conformity to Section 10,060, Or. L., (Section 7293, L. O. L.), that the petitioner’s right to dower is not disputed by the heirs or devisees, or anyone^ claiming under them. Certain heirs of the deceased,…
1Opinion of the CourtMcBRIDE, C. J.
1. It hardly requires argument to sustain the proposition that if section 10,060, Or. L., is still effective and unrepealed, the County Court *177had no jurisdiction to decree the admeasurement of dower in the face of a dispute by the heirs as to the claimant’s rights in the premises. This branch of the case depends upon the question of the repeal of that section. The law was originally enacted in 1854, and at the time our Constitution was adopted it was the only authority given to County Courts to ad-measure dower; disputed cases being left by implication to the equity courts.
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2Cases cited15 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- CuddySupreme Court of the United States · 1889
- Ex parte RoundtreeSupreme Court of Alabama · 1874
- Nugent v. StateSupreme Court of Alabama · 1850
- State v. DanielsSupreme Court of Missouri · 1877
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3Cited by5 opinions
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