Daily capital journal. (Salem, Oregon) 1903-1919, 1918-04-30
LYLE Wins CASE
AGAINST RAMP ESTATE
Many Other Decisions Handed
Down by Supreme Court
On Appeal Today

The supreme court handed down an
opinion this morning modifying the
Judgment of Circuit Judge Galloway in
| the ease Of Charles A. Lytle and wife
against B. F. Ramp, executor of the
last will and testament of Mary A.
Ramp, deceased. The opinion was by
Justice Benson.
The suit of Judge Galloway's court
was brought by Charles A. Lytle and
wife against the executor of the estate
of Mary A. Ramp for the cancellation
of note and mortgage for $500. In
the lower court judgment was given
Charles A. Lytle and the note and
mortgage ordered cancelled. The ex-
ecutor APPEALED to the Supreme court.
The evidence showed that Charles A.
Lytle is nephew of Mary A. Ramp
and that she entered into a contract
with him by which he and his wife
were to care for Mrs. Ramp who was a
helpless invalid. And in order that
they might live near her, she gave
them lot adjoining her home, Capital
and Marion streets, and according to
Mr.. Lytls also gave him money to
build the house.
The value of the lot and house was
estimated at $500 and a mortgage and
note for this amount was given Mrs
Ramp as evidence that the money had
been advanced. Mr.. Lytle claimed
that this sum was given him in con-
sideration of the care given Mrs. Ramp.
The executor of the estate claimed
that Mrs. Ramp had sold Lytle the lot
for $500 and advanced money to build
the house and that the mortgage repre-
sents this money.
The supreme court held that verbal
contracts such as entered into by Mrs.
Ramp and her nephew were enforce
able. That the testimony established
the fact of the giving of the lot but
not of the gift of the money for build
ing the home. The court then held
that Mr.. Lytle was entitled to the
lot valued at $500 and that he should
be given credit for this amount on his
II, 800 note and mortgage. The opin-
ion was coneurred in by Chief Justice
Mcbride and Justices Burnett and
Bean.
Other opinions handed down today
are as follows:
L. H. Turner, ct al. VS.. Jc..n H. Har.
tog and Willamette Valley Irrigated
Land Company, appellants; appealed
from Marion; suit to reform three
leases on ground of mutual mistakes;
opinion by Justice Bean; judgment OF
Circuit Judge Galloway modified.
Lille Yeti, appellant VS.. Oregon Sur
ETY. 6 Casualty Company; appealed
from Multnomah; action to recover up
on insurance policy; opinion by Chief
Justice Mcbride; Circuit Judge Kav
anaugh affirmed.
Ida e. Ogden, ct. al, appellant, VS.
Emaline Jand Hoffman, Administrative
of estate of George Thomas Hoffman
deceased; appealed from Chtsop; mo-
tion to dismiss appeal allowed; opinion
by Chief Justice Mcbride.
E. E. Haines VS.. The First National
Bank Of Roseburg appellant; appealed
from Douglas; action to recover deposit
of $4,000 alleged to belong to plaintiff;
opinion by Justice Burnett; Circuit
Judge Hamilton reversed and case re-
manded.
Alice Scales, appellant VS.. First State
Bank; appealed from Multnomah; ac
tion to recover price of supplies pur.
chased by contractor alleged to have
been agent of bank; opinion by Jus
tice Harris; Circuit Judge Gantenbein
affirmed.
G.. W. KCnney VS.. 7. NJ. Hurlburt, et
ak, defendants and r. l.. Sabin, appel.
liant; appealed from Multnomah; suit
to foreclose chattel mortgage on fix
lures and stock of merchandise Of
Pulfer Mercantile Company; opinion by
Justice Bean; Circuit Judge Morrow
affirmed.
A. B. Manley, ct al, appellants vs.
City of Marshfield, ct al; appealed
from Coos; suit to enjoin city of
Marshfield from enforcing Lens for
Improvement Of Fourth street; opin-
ion by Justice McCamant; Judgment
of Circuit Judge Coke modified.
George Gress, ct al, appellants VS..
Paul Wessinger, ct al; appealed from
Multnomab; suit to redeem contract for
sale of land; opinion by Justice Moore;
Circuit Judge Gatens reversed.
Celia NJ. Rowe, appellant vs.. Daniel
=. Freeman, ct. al, appealed from Col
umbia; suit to set aside deed to 634
acres of land near Scappoose executed
by Bridget NJ. Freeman to Daniel E.
Freeman; opinion by Justice Nc
camant; Circuit Judge Eakn affirmed.