Hodgson v. Martin

• Decision Date: 25 October 1918
• Citation: 90 Or. 105,175 P. 671
• Parties: HODGSON ET AL. v. MARTIN.
• Court: Oregon Supreme Court

175 P. 671

90 Or. 105

HODGSON ET AL. v. MARTIN.

Supreme Court of Oregon

October 25, 1918

Department 2.

Appeal from Circuit Court, Douglas County; J. W. Hamilton, Judge.

Action by Thomas Hodgson and another against J. M. Martin, executor of the last will and testament of James M. Curtin, deceased substituted for James M. Curtin. From the decree, plaintiffs appeal. Modified and affirmed as modified.

Albert Abraham, of Roseburg (L. B. Sandblast, of Roseburg, on the brief), for appellants. Geo. Neuner, Jr., of Roseburg (Neuner & Wimberly, of Roseburg, on the brief), for respondent.

McBRIDE C.J.

This was a suit to enjoin an action of forcible entry and detainer, and to enforce a specific contract to convey a tract of land. Pending the hearing in this court, defendant died, and J. M. Martin, his executor, was substituted as defendant. The controversy arises out of the following facts:

Defendant Curtin was the owner of a ten-acre tract of land in Douglas county, upon which was a small cabin and outhouse, and which was for the larger part uncleared. He was a prospector, a bachelor without family, and, being desirous of having some one to take care of him and of his home, inserted an advertisement in the local papers requesting correspondence with that end in view. The advertisement was finally answered by the plaintiff Thomas Hodgson, and it was substantially agreed by the defendant that if the Hodgsons Thomas and wife and children, would move on the place and board and lodge Curtin, he would convey to Hodgson the land in question. The particulars as to how and when the conveyance was to be made or to take effect were not originally settled; but a short time after the Hodgsons came upon the place, pursuant to the invitation held out by defendant, it was settled that Curtin should make a will devising to Hodgson the land in question, so that as to the method of conveyance it may be said that the final agreement of the parties was that it should be by will, thus leaving the legal title in the defendant during his lifetime. The evidence shows that Hodgson, his wife and family, and his brother William, to whom Thomas Hodgson assigned a half interest in the land, came upon the premises and did considerable improvement work, thus increasing the value thereof to an extent variously estimated by witnesses from $200 to $1,000, but found by the court to be $200. The sleeping accommodations became overcrowded, and defendant occupied a bed in an outbuilding with William Hodgson, to whose habits in respect to cleanliness and decency defendant had strong objections. The family consisted of Hodgson, his wife, brother, and four children, and later a...