Wettersten v. Fisher

154 P. 534, 79 Or. 473, 1916 Ore. LEXIS 159
CourtOregon Supreme Court
DecidedMarch 7, 1916
StatusPublished

This text of 154 P. 534 (Wettersten v. Fisher) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wettersten v. Fisher, 154 P. 534, 79 Or. 473, 1916 Ore. LEXIS 159 (Or. 1916).

Opinion

Me. Justice McBride

delivered the opinion of the court.

1, 2. The description in the petition was sufficient to give the County Court jurisdiction, and the description in the deed was adequate to convey all of Esther P. Wetter sten’s interest in the property described in the complaint: 13 Cyc. 630, 632, 637; 8 R. C. L. 1037; Raymond v. Coffey, 5 Or. 132, 134; Pursley v. Hayes, 22 Iowa, 11, 39 (92 Am. Dec. 350). It is conceded and found that the property described in the complaint was the only real property owned by the minor, and that there was a house on the property known as 889 Borthwick Street; that the intent of all parties was to sell the property that is described in the complaint, and but for the omission of the article “an” between the word “Albina” and the word “addition,” everything connected with the sale is regular. The accidental omission of the article “an” in the petition and deed could not have misled anyone. If it, standing alone, might have rendered the description uncertain, which under the findings we very much doubt, that uncertainty was cleared up and cured by the allegation in the petition that the premises were familiarly known as No. 889 Borthwick Street, that it was the only real property owned by the minor, and that it was occupied by her and her guardian and hi's wife and child. The deed also recited that it was the only property owned by the minor, and referred to the papers on file in connection with the sale. We are of the opinion that the guardian’s deed passed the title to the purchaser. The judgment is affirmed. Affirmed.

Me. Chief Justice Mooee, Me. Justice Burnett and Mr. Justice Benson concur.

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Related

Raymond v. Coffey
5 Or. 132 (Oregon Supreme Court, 1873)
Pursley v. Hayes
22 Iowa 11 (Supreme Court of Iowa, 1867)

Cite This Page — Counsel Stack

Bluebook (online)
154 P. 534, 79 Or. 473, 1916 Ore. LEXIS 159, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wettersten-v-fisher-or-1916.