Scott v. Walton
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Suit by B. F. Scott against J. D. Walton and wife ■to compel defendants to rescind a sale, and to cancel the deed made by plaintiff to defendants. From a decree against him plaintiff appeals.
1Opinion of the CourtJustice Bean
This is a suit to cancel a deed on the ground of fraud. The facts are that on April 15, 1893, the plaintiff traded to the defendant a farm in Josephine County and certain personal property thereon for a dwelling house and two lots in Lebanon, Linn County. The trade proceeded upon the basis that the respective properties were of equal value, but the Lebanon property was incumbered by a mortgage to secure the payment of $900, due December, 1894; and to indemnify the plaintiff against such mortgage the defendant assigned and transferred to him a promissory note of date March 8, 1893, on Wilson &…
2Cases cited3 opinions
- Schiffer v. . DietzNew York Court of Appeals · 1881
- Marston v. SimpsonCalifornia Supreme Court · 1880
- Wicks v. SmithSupreme Court of Arkansas · 1879
3Cited by82 opinions
- Holt v. HoltSupreme Court of Oklahoma · 1909
- Brown Et Ux v. Hassenstab Et UxOregon Supreme Court · 1957
- Pickinpaugh v. MortonOregon Supreme Court · 1974
- Van De Wiele v. GarbadeOregon Supreme Court · 1912
- Breshears v. CallenderIdaho Supreme Court · 1913
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