Mitchell v. Hughes
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice McBride. This is a suit in equity by Georgia Mitchell against M. S. Hughes and M. S. Hughes, as administrator with the will annexed of the estate of Fannie Reynolds, deceased, arising out of the following facts: In March, 1910, plaintiff entered into a contract to purchase from defendants M. S. Hughes and Fannie Reynolds a 40-acre tract of land in Eagle Valley, Baker County, including 74 shares of stock in…
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From Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice McBride. This is a suit in equity by Georgia Mitchell against M. S. Hughes and M. S. Hughes, as administrator with the will annexed of the estate of Fannie Reynolds, deceased, arising out of the following facts: In March, 1910, plaintiff entered into a contract to purchase from defendants M. S. Hughes and Fannie Reynolds a 40-acre tract of land in Eagle Valley, Baker County, including 74 shares of stock in the Dry Gulch Ditch Company, an irrigation corporation, which shares entitled the owner of the land to the use of…
1Opinion of the CourtJustice McBeide
1,2. While this is in form a suit in equity, it amounts, in substance, to an action for money had and received; the only equitable feature being the attempt to cancel the judgment obtained upon the note given March 9, 1911. It is conceded that plaintiff, at the time defendants withdrew the deed and water stock *580from escrow, was in default by reason of her nonpayment of taxes, and had been for' some time, and that plaintiff’s husband, who spoke for her and by her statement fully represented her, had expressed his entire inability to pay the amount; and we are satisfied from the testimony that…
2Cases cited2 opinions
- Potter Realty Co. v. DerbyOregon Supreme Court · 1915
- Miles v. HemenwayOregon Supreme Court · 1910
3Cited by33 opinions
- Waterway Terminals Co. v. P. S. Lord Mechanical ContractorsOregon Supreme Court · 1965
- Sheehan v. McKinstryOregon Supreme Court · 1922
- Epplett v. Empire Inv. Co.Oregon Supreme Court · 1921
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
- Soltis v. LilesOregon Supreme Court · 1976
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