Daily capital journal. (Salem, Oregon) 1903-1919, 1915-11-23
PLURAL W|FE'S HEIRS
GIVEN TITLE TO LAND
BY SUPREME COURT
Supreme Court UphOIds Baker
County Circuit Court In
Stalker Case


property of her husband under the laws
OF the state of Oregon came in for re-
view in the supreme court today in an
opinion handed down by Chief Justice
Moore in the case of Il. Lucille Stalker
and others agains Alexander R. Stalk
er and Others relative to quarter sec
tion of land in Pine Valley in Baker
county. The facts of the case show
that Emily Il. Stalker was a plural
wife of Alexander Stalker and both
were members of the Norman church
and were, in 1882, residents of Idano
where their sons and daughters were
born prior to January /, 1888.
Mr.. Stalker feared prosecution for
polygamy after the United States law
was amended in 1882 and he determin-
ed to put away his extra wife. With
this end in view he bought quarter
section in Pine valley for 500 and
put $500 worth of improvements on it
and left her there with her children
while ne returned to Idaho and his
other wife. He did not give her deed
to the land because he afterward said
he feared she would become dissatis.
fled and return to him in Idaho and
get him into trouble. He continued to
pay the taxes on the land and it be-
longed to him although his wife and
family lived on it up to the present
time. In 1910 mis- plural wife wrote
to him stating that she desired deel
so she might sell the land as it had
been rented and had fallen into a bad
state of repair. "This, she said,
you will think is big demand, but |
think 1T is small compensation Tor the
many ars | was your willing slave
for you and your entire family"
Stalker replied that he would furnish
he~ with deed and for her to send
him the description to the property by
metes and bounds but before the deed
was signed and while the matter was
pending the father received the in
formation that the place had grown in
value until it was worth $4,000 and
] before the matter was settled he died
In l9l2 and the plaintiff IS mother died
few months later in the same year.
The first and legal wife had died in
1908 leaving her husband and Their
sons and daughters as her heirs who
later became the defendants to the
suit. The plaintiffs, the children of
the abandoned wife, secured a de,
cision in their favor in the circuit court
and the defendants appealed to the
supreme court where the opinion of
Chief Justice Moore upholds the lower
court and awards the title to the prop
erty to the children of the woman who
lived upon the property in Pine valley
for 26 years.
Chief Justice Moore was busy man
this week and in addition to this case
handed down three others opinions this
morning which is above the average
for supreme court justices.
The other opinions handed down
were as follows:
W. G. Jenkins, appellant, VS.. the
Owyhee Ditch company, appealed from
Malheur county, involving irrigation of
tract Of land, opinion by Justice Har-
ris, Circuit Judge Biggs judgment for
defendant affirmed.
Sharon A. Twitchell ct al, appellant,
VS.. W. IL. Thompson, appealed from
Umatilla, action for damages for per-
sonal injuries, opinion by Justice Ben.
son, Circuit Judge Phelps Judgment
for plaintiff affirmed.
DAWN, Michellod Sheep & Land com
pany, appellant, VS.. School District No.
| II, Wallowa county, involving a school
assessment, opinion by Justice Burnett,
Circuit Judge Kniwles' Judgment for
defendant affirmed.
II. G.. Hyde VS.. Chauncey Krkpat-
rick, appellant, appealed from Baker
county, suit for an accounting, opinion
by Justice Burnett, Circuit Judge An
derson's judgment for plaintiff re.
versed
George e. Coolev vs.. Snake River
District Improvement company, appel.
liant, appealed from Malheur county,
suit for an accounting, opinion by Jus.
tice Burnett, Circuit Judge Biggs'
judgment for plaintiff reversed.
f. Z. Somers, appellant, vs. Erastus
Hanson, appealed from Wallowa coun.
ty, suit on a promssory note, opinion
by Chief Justice Moore, Circuit Judge
Knowles Judgment for defendant az
firmed.
Elias NJ Eaton ct al, appellant, VS..
2. u. Barnhart ct al, appealed from
Yamhill county, on petition for rehear.
ing, former opinion modified, opinion
by Chief Justice Moore.
Northern Brewery company vs.. T. G.
Anderson, appellant, suit TO foreclose
mortgage, opinion by Chief Justice
Moore, Judgment Of Circuit Judge
Gatens modified.
Motion for rehearing withdrawn Sut.
ton VS.. Sutton, School District No. 35
vs. Holden, rehearlng denied Weiger
vs. Steen, motion to dismiss denied.