136 P. 334 | Or. | 1913
Department 2.
delivered the opinion of the court.
4. The decree of the Circuit Court adjudging that Treadgold, as administrator of the estate of Emma N. Jones, is entitled to possession of the property is erroneous as against the tenant by the curtesy. The right to the possession against him cannot be adjudicated until he has had his day in court upon an issue tendered by the administrator against him. Quaere,
The decree is reversed and the suit is dismissed.
Reversed: Suit Dismissed.