Reports of Cases Decided in the Supreme Court of the State of Oregon (26)

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1895 Excerpt: ... Actions Retween Husrand And Wipe--Intrrest--Code, J 2870.--A married woman may maintain an action against her husband to recover not only money voluntarily loaned to Mm, bnt interest thereon, under Hill s Code, 2870, providing that if the husband or wife obtain possession oi property belonging to the other the owner may maintain an action therefor, or any right growing out of the same, in the same manner as if he were unmarried. Appeal from Douglas: J. C. Fullerton, Judge. This is an action brought by Henrietta J. Grubbe against G. W. Grubbe as the executor of the last will and testament of E. T. Grubbe, her deceased husband, to recover money alleged to have been delivered by her to the testator under an agreement to repay it upon her request. The facts are that on September eighth, eighteen hundred and seventy-nine, E. T. Grubbe was the owner of a tract of land in Douglas County, which he and the plaintiff on that day conveyed to one Joseph Haines, who, to secure a part of the purchase price, executed and delivered to the plaintiff a mortgage upon said property to secure the payment of seventeen hundred dollars, with interest thereon at the rate of ten per cent, per annum from that date. The plaintiff, having annually received the interest on the mortgage debt, and on November third, eighteen hundred and eighty-six, the principal, delivered the amounts, when received, to her husband. He died testate March twelfth, eighteen hundred and ninety-two, and on the fifteenth day of the next month the defendant was, by order of the county court of said county, appointed executor of his last will and testament. On August first following, the plaintiff presented to the defendant for allowance her claim against her husband's estate, and it having b...