Boyes v. Ramsden
Oregon Supreme Court
From Marion : Henry H. Hewitt, Judge. Suit by Anna M. Boyes to compel W. T. Ramsden to deliver a deed of certain real property to plaintiff, or, if delivery thereof cannot be had, then for a decree that she is the owner of the premises described therein, and that defendant be required to execute another deed thereto, and deliver the same to her.
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From Marion : Henry H. Hewitt, Judge. Suit by Anna M. Boyes to compel W. T. Ramsden to deliver a deed of certain real property to plaintiff, or, if delivery thereof cannot be had, then for a decree that she is the owner of the premises described therein, and that defendant be required to execute another deed thereto, and deliver the same to her. The facts are that plaintiff, in consideration of defendant’s executing to her a deed to lots 7 and 8, in block 24, in North Salem, Marion County, Oregon, of which he was the owner, executed to him a deed of all her interest in certain other real…
1Opinion of the CourtJustice Moore
It would be impossible to reconcile the conflict in the testimony of the parties in relation to the new agreement set up by defendant. That plaintiff received from him the said money and personal property is amply proven; but she testifies that the money was paid, and the horse, buggy, and harness were delivered to her, for another and different consideration, and that she never consented to the destruction of said deed. In Watson v. Janion, 6 Or. 137, it was held that a subsequent agreement will not operate to extinguish a former contract entered into between the parties, unless it is…
2Cases cited2 opinions
- Wilson v. RyboltIndiana Supreme Court · 1861
- Watson v. R. C. Janion & Co.Oregon Supreme Court · 1876
3Cited by8 opinions
- Bailey v. OppOregon Supreme Court · 1938
- Lichty v. MerzenichOregon Supreme Court · 1977
- Wilkerson Estate Hill v. United States National BankOregon Supreme Court · 1949
- Smith v. HarrisOregon Supreme Court · 1971
- Geary v. PrudhommeOregon Supreme Court · 1926
3 more not listed; retrieve them via the Exa API.