MORRIS v. STARK


444 P.2d 27 (1968)

Warren Spencer MORRIS and T.R. Adams, Administrator of the Estate of Clyde M. Morris, Deceased, Respondents, v. Ben G. STARK and Irene Stark, Husband and Wife, Appellants.

Supreme Court of Oregon. Department 1.

Decided July 24, 1968.


Attorney(s) appearing for the Case

Asa L. Lewelling, Salem, argued the cause and filed a brief for appellants.

Raymond J. Conboy, Portland, argued the cause for respondents. With him on the brief were Pozzi, Levin & Wilson, Portland, and T.R. Adams, Lincoln City.

Before PERRY, C.J., and McALLISTER, O'CONNELL, DENECKE and RODMAN, JJ.


O'CONNELL, Justice.

This is a suit in equity brought by the sole heir of Clyde M. Morris and by his administrator to set aside a deed and a bill of sale executed by Morris shortly before his death naming defendant, Ben G. Stark, as grantee. The trial court set aside the deed and bill of sale on the ground that there was not a valid delivery.

Clyde Morris was an elderly unmarried farmer who lived alone on a 267-acre ranch which he owned. The defendants, who...

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