Legal Opinion

Seed v. Jennings

Oregon Supreme Court

Decided December 4, 1905PublishedCited by 8 opinions

From Multnomah.: Alfred F. Sears, Jr., Judge. Statement by Mr. Justice BeaN. This is a suit by John G. Seed against 0. O. Jennings and others to enjoin the sale of real property in Multno-mah County, on an execution issued on a judgment recovered by the defendant Jennings against John S. Seed, the father of the plaintiff.

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From Multnomah.: Alfred F. Sears, Jr., Judge. Statement by Mr. Justice BeaN. This is a suit by John G. Seed against 0. O. Jennings and others to enjoin the sale of real property in Multno-mah County, on an execution issued on a judgment recovered by the defendant Jennings against John S. Seed, the father of the plaintiff. On January 4, 1901, John S. Seed was the owner of the property in controversy, and on that day he and his wife conveyed it to the plaintiff, their son, then about 18-years of age, by warranty deed for the expressed consideration of “love and affection, and one dollar,” and…

1Opinion of the CourtJustice Bean

1. There is no evidence to support the claim that the deed from John S. Seed to the plaintiff was made in trust' for the grantor. W. A. Cleland, who drew the deed, testified that Seed said to him at the time that his arrangement with his then partner was not satisfactory, and that he Avas *467going to close out his business and leave the country, and desired to deed the property in question to his son and another tract to his wife, “so they would be taken-care of.” Mrs. Seed says that prior to the making of the deed Seed had often talked of going away, and, as she was not provided for, she told…

2Cases cited20 opinions

  1. Lott v. KaiserTexas Supreme Court · 1884
  2. Green v. . GreenNew York Court of Appeals · 1877
  3. Craig v. Van BebberSupreme Court of Missouri · 1890
  4. Scranton v. StewartIndiana Supreme Court · 1875
  5. Bennett v. MinottOregon Supreme Court · 1896

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3Cited by8 opinions

  1. Hillsboro Nat. Bank v. GarbarinoOregon Supreme Court · 1916
  2. Coston v. Portland Trust Co.Oregon Supreme Court · 1929
  3. Goodwin v. UsherCourt of Appeals of Oregon · 1990
  4. Stach Construction Co. v. JacksonCourt of Appeals of Oregon · 1979
  5. Fernandez v. ZulloOregon Supreme Court · 1972

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