Legal Opinion

Ross v. Ross

Oregon Supreme Court

Decided May 11, 1891PublishedCited by 9 opinions

Plaintiff appeals. The object of this suit is to obtain a decree adjudging the plaintiff to be the owner of an undivided one-third of certain real property described in the complaint, situated in Umatilla county, and for a partition thereof, and for an account of the rents and profits.

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Plaintiff appeals. The object of this suit is to obtain a decree adjudging the plaintiff to be the owner of an undivided one-third of certain real property described in the complaint, situated in Umatilla county, and for a partition thereof, and for an account of the rents and profits. The complaint is not the usual complaint in partition, but it sets out the facts upon which the plaintiff relies to establish her interest in the property in controversy; in other words, pleads the evidence of her title. This is briefly as follows: That plaintiff and one William Ross were duly married in…

1Opinion of the CourtStkahaN, C. J.

The plaintiff’s right in this case depends upon the construction to be given section 499, Hill’s Code, which is as follows: “ Whenever a marriage shall be declared void or dissolved, the party at whose prayer such decree shall be made shall in all cases be entitled to the undivided one-third part in his or her individual right in fee of the whole of the real estate owned by the other at the time of such decree, in addition to the further decree for maintenance provided for in section 501; and it shall be the duty of the court in all such cases to enter a decree in accordance with this…

2Cases cited6 opinions

  1. Houston v. TimmermanOregon Supreme Court · 1889
  2. Bamford v. BamfordOregon Supreme Court · 1870
  3. Hall v. HallOregon Supreme Court · 1881
  4. Wetmore v. WetmoreOregon Supreme Court · 1875
  5. Weiss v. BethelOregon Supreme Court · 1880

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

3Cited by9 opinions

  1. Morgan v. MorganWashington Supreme Court · 1894
  2. Schoren v. SchorenOregon Supreme Court · 1924
  3. Senkler v. BerryOregon Supreme Court · 1908
  4. Perkins v. PerkinsOregon Supreme Court · 1914
  5. Baldwin Co. v. SavageOregon Supreme Court · 1916

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

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