Daily capital journal. (Salem, Oregon) 1903-1919, 1906-06-12
SUPREME
COURT
DECISIONS


sown an opinion il the ''Grsek Riot
sase al Glendale. Douglas county, last
october. The opinion of the district
eou-t Of Douglas county was affirmed.
and the Greeks implicated in the riot
will have to suffer the penalty i'm
posed.
Eighty Greeks were in a car on a
siding at Glenbrook. when an extra
freight 'sheaded i'm and damaged
the Belongings Of the Greek section
hands. A number Of them took guns,
pistols and other firearms, and began a
fusilade on the freight train. Some IS
or loo shots were fred. and, during
the difficulty the wife Of the foreman
was killed and one Of the Greeks in
iured. They were arrested and brought
to Roseburg. The grand jury was in
e.sion, and they were indicted, tried
and sent to the penitentiary. The de-
fendants moved for a change Of venue
OF account Of the publicity given the
matter by the newspapers. This mo-
tion was overruled, as was the motion
for continuance The supreme court
holds that there was no error in find
ing the crime of not was committed.
In the suit of Clark NJ Pierson, ex
ecutor, respondent, VS.. Chas. F. Fisher,
appellant, on appeal from Yamhill eoun-
~. affirmed by Judge Moore.
In this case Mary E. Burbank, a
wealthy old lady living near MeMinn.
vile, was desirous Of leaving her Hop-
erty in such shape as TO afford a per
manert income for the benefit of some
charitable institution, and Charles F.
Fisher, president of the American
Alarm Company, a concern manufae-
turing burglar and fire alarms. made
her acquaintance, and tried to induce
her to purchase stock in his company
TO aid her purpose. She agreed to sell
him her farm for $4,000 in cash and
the remainder Of about $4,000 she would
take in stock. He went TO her house
with a notary public, and deed ready
which She then signed. He
asked her how much money was neees~
sary, and she answered $4,000. He sat
az table and wrote something, which
she thought was a check, and assigned
her some Of the stock Of his company.
The deed was left lying on the table,
where the notary had taken the ae-
and in a few minutes
Fisher picked it up and put it in his
pocket, apparently without Ms. Bur
bank seeing him. Shortly thereafter he
left, and Mrs. Burbank then diseov
cred that what he had left was his
note for $1,000 and $500 in stock.
She Immediately commenced this suit
10 remove the cloud Of such deed from
her title, and to restrain him from
placing the same on record. After win
ming in the lower court she died, and
her executor and deyisee, the state
of Oregon as trustee, were substituted
IN her place. The supreme court holds
hat there never having been a deliv.
cry of the deed, either actual or con.
struetive, there was no conveyance,
and cancels and perpetually enjoins
is being placed on record.
Israel Katz, respondent, VS.. silas
Obenehain and others, appellants. Ap
peal from klamath county. Hon.
Henry L. Benson, judge. Reversed by
Chief Justice Bean.
This case involved the doctrine of
merger as applied 10 estates in real
property and liens thereon. To pro
teet a lien holder who subsequently ae'
auired the fee Of real estate. his lien
was not allowed to merge into his high
n estate.