Belcher v. La Grande Nat. Bank
| Decision Date | 12 March 1918 |
| Citation | 87 Or. 665,171 P. 410 |
| Parties | BELCHER v. LA GRANDE NAT. BANK. |
| Court | Oregon Supreme Court |
Department 2.
Appeal from Circuit Court, Multnomah County; John P. Kavanaugh Judge.
Suit by Lou A. Belcher against the La Grande National Bank. From a decree for plaintiff, defendant appeals. Affirmed.
This is a suit to remove a cloud from the title to real estate. The history of the transactions involved is about as follows: W F. Stine and F. S. Belcher were the joint owners of two pieces of residence property in the city of Portland. On March 30, 1909, they executed a contract of sale of one tract to John F. Beaumont and wife, providing for monthly payments upon the purchase price, and a covenant to convey upon payment of a stipulated sum, and the purchasers entered into immediate occupation of the premises, On July 16, 1909, they entered into a similar contract for the sale of the other lot of land to Genevieve Chapman Sweet, who entered into immediate occupation of the premises. On November 1, 1909 they executed a deed conveying both tracts, subject to the above contracts and certain mortgages, to plaintiff, who is the mother of F. S. Belcher and the aunt of Mrs. Stine. On the same day that the deed to plaintiff was executed the two contracts of sale above mentioned were also assigned to her by written indorsement thereon, which indorsement was made upon the duplicates held by the purchasers. The conveyance to plaintiff was signed and acknowledged by Stine and F. S Belcher and their wives, and at that time handed to F. S. Belcher as the agent of the plaintiff, but, due to an oversight, it was not recorded at that time. On June 13, 1913, defendant obtained a judgment against Stine in Union county, where it was docketed, and on August 12, 1913, a transcript thereof was docketed in Multnomah county. The occupation of the purchasers Beaumont and Sweet or their assignees continued until after the judgment was docketed and this suit was commenced. There was a degree for plaintiff, from which defendant appeals.
Turner Oliver, of Spokane, Wash. (C. H. Finn, of La Grande, and Rogers MacVeagh, of Portland, on the brief), for appellant. Robert F. Maguire, of Portland (Littlefield & Maguire, of Portland, on the brief), for respondent.
BENSON J. (after stating the facts as above).
Upon the facts as above stated we are called upon to decide whether or not plaintiff's unrecorded deed is superior to the lien of defendant's docketed judgment. Counsel for defendant urge that the evidence does not establish a delivery of plaintiff's deed. The defendant can only question the delivery of the conveyance so far as it involves the interest of the grantor Stine, and as to his interest, at least, the evidence is clear that the deed was delivered to the son as the agent of his mother. The...
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Wilson v. Willamette Industries, Inc.
...People's Bank v. Rostad, 86 Or. 695, 169 P. 347 (1917); Hawkenson v. Rostad, 86 Or. 704, 169 P. 350 (1917); and Belcher v. La Grande Nat. Bank, 87 Or. 665, 171 P. 410 (1918).2 This is in accord with decisions by other courts. See, e.g., Halsted v. Halsted, 169 Neb. 325, 99 N.W.2d 384 (1959)......
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Willis v. Stager
...was not sufficiently open and visible so as to give constructive notice of their claim of ownership. Cf. Belcher v. La Grande Nat. Bank, 87 Or. 665, 171 P. 410 (1918), and Chaffin v. Solomon, 255 Or. 141, 465 P.2d 217 (1970). But in this case defendants had actual notice from the record own......
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Chaffin v. Solomon
...by the grantee may be sufficient to give such constructive notice to the judgment-creditor, at least where, as in Belcher v. La Grande Nat. Bank, 87 Or. 665, 171 P. 410 (1918), the grantee took immediate possession of the land and was in open, exclusive and notorious possession at all times......
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Thompson v. Hendricks
... ... In ... Smith v. Farmers' & Merchants' Nat. Bank, ... 110 P. 410, 57 Or. 82, where the facts as to the ... lien upon the land ... Belcher v. La Grande Nat. Bank, 171 P. 410, 87 Or ... 665, was a case very ... ...