Hill v. Cooper
Oregon Supreme Court
Appeal from Douglas County. This suit is brought to enforce a deed executed without witnesses. The complainant alleges in substance, that on the twentieth day of August, 1856, one Eiley E. Stratton being the owner and in possession of one hundred and forty acres of land in Douglas county, conveyed the same to J. J. Patton for the sum of one thousand three hundred and twelve dollars and fifty cents, which sum was paid Stratton at the time of the sale, and Patton immediately…
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Appeal from Douglas County. This suit is brought to enforce a deed executed without witnesses. The complainant alleges in substance, that on the twentieth day of August, 1856, one Eiley E. Stratton being the owner and in possession of one hundred and forty acres of land in Douglas county, conveyed the same to J. J. Patton for the sum of one thousand three hundred and twelve dollars and fifty cents, which sum was paid Stratton at the time of the sale, and Patton immediately took the possession. Stratton and his wife then made a deed to Patton for said land, which deed was good in form, except…
1Opinion of the Court
By the Court, Boise, J.:
The facts stated in the plaintiff’s bill show that Patton paid Stratton the full purchase price of the land and took possession under the imperfect deed; this proceeding would give Patten an equitable title to the land as against Stratton, Avhich a court of equity on a proper bill filed would *186enforce by declaring a specific performance of tlie contract to convey; for the imperfect deed in such a case will be construed as a contract to convey, and may be enforced. (Story’s Eq. 165.) And the same is true of all who succeed to the naked legal title which commenced in…
2Cases cited3 opinions
- Hobbs v. DuffCalifornia Supreme Court · 1863
- Lorraine v. LongCalifornia Supreme Court · 1856
- Stannis v. NicholsonOregon Supreme Court · 1868
3Cited by16 opinions
- Allis v. HallSupreme Court of Connecticut · 1904
- Bowsman v. AndersonOregon Supreme Court · 1912
- Haney v. Neace-Stark Co.Oregon Supreme Court · 1923
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Fire Ass'n v. AllesinaOregon Supreme Court · 1904
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