49 P. 756 | Or. | 1897
after making the foregoing statement, delivered the opinion of the court.
It is claimed that the case of Thompson v. Marshall, 21 Or. 171 (27 Pac. 957), is antagonistic to this view; but it will be observed that it appeared in that case, either from the instruments themselves -or from tire averments of the complaint, that the
Reversed.