Daily capital journal. (Salem, Oregon) 1903-1919, 1916-03-14
CAN Be
DIVIDED BEFORE THE
PATENT IS SECURED
Supreme Court A6rms Judge
GaIIOway's Ruling In
Thompson Case

The supreme court today decided two
Marion county cases. The rulings Of
Judge Galloway were affirmed in the
case of Bertha b. THOMPSON against
John w. Thompson and in the ease Of
Charles T. Tooze against b. c. Heighton
and wife the decree Of Judge Galloway
was reversed The Thompson case was
an action for divorce in which Judge
Galloway granted decree to the plain
tiff, Mrs. Thompson, and gave her one.
third interest in a quarter section Of
land owned by Mr.. Thompson and he
appealed the case In his opinion Jus
tice Bean statese that there is ample
evidence to justify lne decree on the
grounds of cruel and inhuman treat
ment
The land in question is homestead
and at the time the decree was granted
the final patent had not issued to the
defendant from the government JUS
tice Bean holds that it is strictly within
the letter and spirit of the law that the
land should be divided according to the
decree of the lower court Attorney
Dana H Allen represented the plaintiff
and respondent and NJ. V. Weatherford
and Guy o. Smith appeared for the de-
fendant and appellant.
The case of Charles T. Tooze against
B. C. Heighton and wife involves a
series of complications arising from
realty deals and promissory notes. The
case began with an action at law and
was transferred to the equity court. The
trial court overruled demurrer to the
complaint in equity, Heighton refused
to plead further and decree was then
rendered in accordance with the prayer
of the complaint and leighton appeal
ed. Justice Harris held that the de-
cree of the trial court should be re-
versed and the demurrer to the cross
bill sustained.
Other opinions handed down were:
A. H. Wright, appellant VS.. L. VIM
berly and wife, respondents, suit to
foreclase real estate mortgage, APP
pealed from Douglas county. Opinion
written by Chief Justice Moore affirms
the ruling of Judge ]. W. Hamilton.
Barton A. Wheeler VS.. Hehalem Tim
Der and Logging company, appellant,
appealed from Mulnomah county, ae.
ton for personal injuries opinion by
Chief Justice Moore, Circuit Judge
Morrow's judgment for plaintiff af
firmed
City Of Rainier VS.. Charles Masters et
al, appellants, appealed from Multno-
nah county, action for damages for al
legged breach of agreement, petition fol
rehearing denied, opinion by Justice
Burnett.
Portland & Ogsgon City Railway com
pany vs.. Ladd estate, appellant, appeal
ed from MultnOmah county, suit to con
denim strip of land, opinion by Justice
Benson, Circuit Judge McGinn 5 iudg
ment for plaintiff reversed.
Jacob MattsOn ct al, appellant, VS.
A. C. Dresser ct al, appealed from Coos
county, involving contracts for sale Of
real estate, opinion by Jutsice Harris
Circuit Judge Coke IS Judgment for de
fendant reversed.
w. B. Stricken, administrator of th,
estate of Ed Wachter, appellant, VS.
/ Portland Railway, Light & Power com
pany, action for damages appealed
from Multnomah county, opinion by
Justice Bean, Judgment of Circuit
Judge Gatens for defendant affirmed
Robert Sanders vs. J.. NJ. Taber, et
al, appellants, appealed from Mulmo
nah county, action for damages, opin
ion by Justice Benson, Circuit Judg,
Kavanangh S judgment for plaintiff af
firmed
Petitions for rehearings were denied
in Jakel VS.. Seeck, Doolittle VS.. Pacifi,
Coast Safe & Vault Works.
Petition for hearing was allowed il
johnson VS.. Mckenzie.