Polk County observer. (Monmouth, Polk County, Or.) 1888-1927, 1915-09-03
PROPERTY IS IN TANGLE.
PORTLAND PARTIES WOULD
HAVE DEED RE-ESTABLISHED
T. ]. Campbell and Others Made De-
fendants in Legal Action Brought
in the Circuit Court.

Asking to have an alleged warranty
deed re-established, and also to have
cancelled another deed, as well as. a
mortgage, Lucille Curtis and her son,
Harold Vance, of Portland, have filed
suit in the circuit court of this
county against 7. J. Campbell, Orpha
Dashiell, R. l.. Dashiell, J. D. Smith
and o. C. Smith, all of Dallas. The
filing Of the complaint in this suit
brings to light one Of the most inter
esting property entanglements ever
known in this section. An investiga-
tion on the part of The Observer as
to the dealings leading up to the fling
of the suit in question has resulted in
the unearthing of very interesting
story.
1t appears that in 1902, T. J.
Campbell, then of Monmouth, execut-
ed a warranty deed to his step-son,
w. E. Vance, and the. deed was de-
livered to Monroe Mulkey, since de-
ceased, for safe-keeping. According
to the complaint of Mrs. Curtis and
her son, it was understood that the
deed was not to be recorded until
after Mr.. Campbell's death, and that
the consideration for the deed was the
assumption on the part Of Mr.. Vance
of some claims against Campbell. The
complaint further recites that Mr..
Mulkey has died, and that the deed
cannot be found. 1t also appears
from the complaint that in the fall of
1914, Mr.. Campbell, as apparent own
er of the property, executed a war
ranty deed to his sister, Mrs. Orpha
Dashiell, this deed covering the same
property named in the deed to Vance.
The property consists of house and
two lots located in Monmouth. As
to the latter deed, it appears that
collateral contract was made between
Mr.. Campbell and Mrs. Dashiell,
whereby as part consideration for the
transfer she agreed to care for Mr..
Campbell during his natural lifetime.
Subsequent to the execution and de-
livery of this deed, so the complaint
recites, Mr.. Campbell and Mr.. and
Mrs. Dashiell executed and delivered
to J. D. and o. C. Smith, mortgage
covering these premises. The COM
plant further states that this mort
gage was fraudulently given, and that
all the parties knew about the prior
deed to Vance. The complaint prays
a decree setting aside these latter
transfers, and asking the re-establish-
ing of the Vance deed.
A further investigation of the rec
ords at the court house reveals anoth-
er side of the question. In a suit
commenced in the circuit court Of
this county in the spring Of 1914,
wherein T. J. Campbell is the plain
tiff and William G. Campbell and
Fannie Tatom are the defendants, the
title to this same property is involv-
ed. From the records in that suit
it appears that in 1912, Mr.. Camp
bell, being then of an advanced age
and desirous that upon his death this
go to his children, William
Campbell and Fannie Tatom, executed
without the knowledge of said chill
dren, a quit-claim deed to said prem
ises, and had the deed recorded. In
this deed, he reserved a life-estate in
The premises. The deed was never
delivered. In view of this deed being
Of record, he was unable to deal with
.he land as he wished and it became
necessary for him to have it set aside.
Basing his suit upon the proposition
hat there had been no delivery of the
Iced, and that he was laboring under
/ mistake when executing the same,
lie secured decree of the court can
,elling and setting aside this deed
md restoring the property to him.
Walter L. Tooze, Jr., represented
Mr.. Campbell in his suit to cancel
his quit-claim deed, and is looking
Ifter the interests of the defense in
his later suit filed by Mrs. Curtis.
I'm effort to learn from him what Mr..
defense in this last suit
night be failed to elicit anything
urther than that the defense is not
worrying. Mr.. -Tooze stated: "Mr.
,ampbell has lived in Polk county
all of his so years Of life,
md is well known in all sections. 1t
you'd not be proper for me to discuss
he merits of this case through the
'apers. Owing to the fact that so
nany persons will be interested in the
ut-come of this proceeding, l pre-
ume it would be proper for me to
tate that Mr.. Campbell has a just
nd legal defense to this suit, and
hat when his answer is filed an en-
irely different light will be thrown
pom the transaction. Further than
his, l am not now at liberty to
tate"
Mr.. Campbell is one of the Camp
ell twins, said to be the second oldest
wins in the state, and is related eth
r directly or indirectly to a large
ereentage of the population of Dali
as.