Daily capital journal. (Salem, Oregon) 1903-1919, 1911-07-11
OREGON SUPREME COURT DECISIONS
Fp Text Published by Courtesy Of F. Turner Reporter Of the
Supreme Court.

wives had sold and conveyed part
# the mortgaged premises, and had
llso executed a bond for deed to
mother part, designated on a plat
with the briefs as tracts
numbered l and respectively. AT
.er securing the sheriffs deed, KEGS
and his wife executed to the respec-
i've purchasers of such tracts deeds
their titles, which con-
peyances satisfied the foreclosure de-
cree as to such lands, receiving from
the claimants of tract numbered 2,
1850 which sum remained due Nc
Cullough and Talbot on account of
the purchase price. These parcels of
land were disposed of before the will
was made and are not involved here
in. Kees and his wife on July A.
1896, in consideration of $1,000, exc
cuted to the defendant Emma A.
Keene "a quit-claim deed to tracts |
numbered and 4, containing 91.15
and 1O3.02 acres respectively, and on
October 5, 1896, he and his wife in
consideration of s10O, also executed
to Mary Zigler and Ellen Zigler a
Quit-claim deed for tract numbered
5, containing 1868 acres. This latter
tract is now owned by the defendant
Charta o. Zimmerman and with other
lands was mortgaged by him for the
sum of $3.50 to NJ l.. Zigler who hav-
ing died, his estate is represented
herein by the defendant Samuel NJ
Garland as administrator.
Emma A. Keene and her husband
on October 81, 1899, in consideration
of $1,000, executed a deed to tract
numbered 8 to Martha NJ. Wickham
who mortgaged the premises to the
defendant Lafayette Townsend to Sc
cure the sum of $1,000, and Mrs.
Wickham subsequently conveyed the
land to her daughter, the defendant
Ida B. Wickham, now Mrs. Jones'
Mrs. Keene and her husband in order
to secure the payment of $1,000, exc
cuted mortgage to the defendant
Mamie L. Burkhart, guardian of the
person and estate of the defendant
Alma L. Allen, a minor,
The defendants, E. E. Ferguson
Belle c. Ferguson and j. A. Ruyter
partners as Ferguson & Ruyter, OBJ
tained a judgment against Martha NJ.
Wickham now deceased for the sum
of $34O, and the costs and disburse-
ments taxed at $685..
Mrs. Lavina H Mccullough died
October 2S, 1900 when she was about
70 years old, and within six years
thereafter this suit was instituted,
the complaint stating the facts in
greater detail than hereinbefore
given, and adverting to the second
mortgage described in KEGS fore
closure suit, AYERS; That plaintiff is
advised and believes and therefore
alleges the facts to be- that said Rob-
ert Mccullough never made or exc
cuted any such mortgage as the one
last above referred to-" The COM
plant herein further alleges that no
part of the real property described
in the mortgage executed to KEGS
was ever disposed of in any admins
tration upon McCulloughs estate,
and that such testator died siezed of
an undivided one-half thereof; that
the foreclosure suit and the sheriffs
deed made in pursuance thereof
transferred to KEGS only the undivid-
ed one-half interest in the premises
formerly owned by Carrie A. Talbot
and also the life estate OF Layina H.
McCullough and that plaintiff is
ready, able and willing to pay such
sum, If any as may be eQuitably due
and chargeable against it's undivided
one-half of the land, but is unable to
ascertain such sums, If any, or to
what defendants any part thereof
should be disturbed, to determine
which a discovery and an accounting
are necessary respecting the amount
o ttaNes paid, and the value of the
rents, issues and profits of the real
ronerty received by the defendants
since the death of Mrs. Mccullough.
The defendants, Emma A. Keene
K G. Keene, her husband, Mamie l..
Burkhart guardian. and Alma L. AL
len, the ward, Jointly answered set
ting forth the facts applicable TO
tract numbered 4 as hereinbefore
stated, and averred that after the
purchase OF that part of the land bv
Mrs, Neene she Immediately took and
has constantly held adverse possess
sion thereof under a claim Of right
for more than 10 years prior to the
commencement of this suit, believing
herself to he the owner thereof in
| fee, and that with plaintiffs fuu
knowledge of her assertion she had
paid taxes aggregating s256.2S which