115 P. 431 | Or. | 1911
delivered the opinion of the court.
It appears in the testimony, also, that the heirs of W. E. Baines joined in a deed without their husbands and wives which has already been mentioned as having been included in the tender of the vendors, and, besides this, they, together with their husbands and wives, except the husband of Rose Baines La Torres, made another deed conveying the premises in performance of the contract of their intestate conveying the land to the plaintiff’s vendors, but this deed was not included in the tender to the plaintiff above mentioned. This, together with their disclaimer, would effectually dispose of any claim of title on the part of the heirs of W. E. Baines.
The decree of the court below will be reversed and one entered providing that the deed from E. E. Ferrey, Ophelia Ferrey, his wife, George W. Ferrey, Bertha A. Ferrey, his wife, and H. C. Wright, heretofore tendered by plaintiff and now in evidence in this case, be taken from the files and delivered to the clerk of the circuit court for the plaintiff, leaving here in its place a certified copy thereof; that the defendants, the vendors of plaintiff, within ten days after the filing of the mandate of this court in the circuit court, be required to deposit with the clerk of that court for the plaintiff a deed from the administrator of the estate of W. E. Baines, deceased, to themselves for the premises in question and a deed of conveyance of the real property in dispute to themselves from the heirs of W. E. Baines and their husbands
Reversed.