Baldock v. Johnson

• Decision Date: 07 March 1887
• Citation: 14 Or. 542,13 P. 434
• Parties: BALDOCK and another v. JOHNSON.
• Court: Oregon Supreme Court

13 P. 434

14 Or. 542

BALDOCK and another v. JOHNSON.

Supreme Court of Oregon

March 7, 1887

Appeal from Baker county.

Wm. M Ramsey and Glenn O. Holman, for appellants.

Zera Snow, for respondent.

STRAHAN, J.

The substance of the complaint in this suit is as follows: That on the fifth day of November, 1884, plaintiffs executed and delivered to defendant a quitclaim deed to certain real property therein described as situate in Baker and Union counties, and that said deed was duly recorded; that it purports on its face to be for and in consideration of one dollar and other valuable considerations paid by said grantee to plaintiffs; that plaintiffs were induced to execute said conveyance by false representations of the defendant; that it was necessary to execute the same to enable the defendant to make a final settlement of her accounts in the estate of Ahira Johnson, deceased, of which the defendant was the administratrix in conjunction with one Thomas Keating, and the further false representation by the defendant that the execution of said conveyance did not affect plaintiffs' right in said land so conveyed; that at the time of said conveyance plaintiffs were ignorant of the facts concerning the condition of said estate, and of their rights in the premises; that each of the plaintiffs had full confidence in the truthfulness of said statements of the defendant, who is the mother of the plaintiff Elizabeth Baldock, and relied upon their truthfulness, and in ignorance of their rights and the falsity of such statements, and of the effect of such instrument, they executed the same; that if such statements had not been made, or had the plaintiffs known their rights in the premises, they would not have executed said conveyance; that said representations were false, and the said defendant well knew they were false at the time they were made to plaintiffs; that said representations were untrue in this: That it was not necessary in the settlement of said estate that said conveyance should be executed, as plaintiff (defendant) well knew; that said deed did affect the rights of plaintiffs in this That one Ahira Johnson was at the time of his death seized in fee of the lands described in said conveyance; that before the execution of said deed the said Ahira Johnson died intestate in the state of Oregon; that at the time of his death he left surviving him, as his only heir, the defendant, who was his wife, and one Harry A. Johnson, an infant son of the defendant and said Ahira Johnson, deceased that after said Ahira Johnson's death, and before the execution of said deed, the said Harry A. Johnson died intestate, and left no heirs at law except the defendant, who was his mother, and one Charles A. Herring, and the plaintiff Elizabeth Baldock, who were brother and sister of the half blood to said Harry A. Johnson, deceased; that said plaintiff Elizabeth Baldock was at the date of the execution of said deed, and is now, entitled to an undivided one-third of said lands in fee, and that said deed purports to convey to the defendant all of the plaintiff's right and interest in said land, and that the value of said lands at the time of said conveyance was $10,000. The answer denied the material allegations of the complaint, and upon the issues thus formed a trial was had, which resulted in a decree dismissing the suit, from which the plaintiffs have appealed to this court.

Upon the trial here the following facts were substantially admitted: That Ahira Johnson died intestate in Baker county Oregon, about the year ____, and that at the time of his death he was seized in fee of the real property in controversy; that previous to his death the said Ahira Johnson had intermarried with the defendant, and that Harry A. Johnson was born of said marriage, and that said Harry A. Johnson died intestate in Baker county, Oregon, about August 7, 1884; that said Harry A. Johnson was the only heir at law of said Ahira Johnson, and that said Harry A. left surviving him the plaintiff Elizabeth Baldock, and one Charles Herring, who are the children of the defendant, Samantha Johnson, by a former marriage, and that they are brother and sister of the half blood of the said Harry A. Johnson; that said Harry A. Johnson was an infant at the time of his death, was never married, and left surviving no other heirs at law except the said Elizabeth Baldock, Charles Herring, and his mother, Samantha Johnson, the defendant.

From the evidence taken in this cause, and submitted upon the trial, the court finds that on the fifth day of November, 1884, the plaintiff, Elizabeth Baldock, without any consideration whatever, made, executed, and delivered to the defendant a quitclaim deed of all her right, title, interest and estate in the real property in controversy, which interest was at the time of the value of $1,666.66; that at the time of such conveyance the plaintiff Elizabeth was of about the age of seventeen years, and had been married less than one year, and that both of the plaintiffs then resided with the defendant at her home in Baker county; that, for the purpose of inducing the plaintiff Elizabeth to execute and deliver said deed, the defendant represented to her, as well as to her husband, Fred Baldock, that she wished them to execute a quitclaim deed to her so as to enable her to get her business out of Mr. Keating's hands, who was with defendant administrator of the estate of Ahira Johnson, deceased, and for the purpose of enabling her to manage her own business, and for the purpose of keeping Mr. Johnson's folks from coming in and taking her property; that defendant also represented to said Elizabeth, before the execution of said deed, and for the purpose of inducing her to sign the same, that she, the said plaintiff, had no interest in said real property, and that it all belonged to the defendant, and that the plaintiff did not know when she signed said deed that she had any interest in said real property, or that she was...