Oregon Supreme Court · decided 1916-03-21
<p>Appeal and Error—Dismissal of Appeal—Acceptance of Terms of Decree.</p> <p>1. Where, pending an appeal by defendant from a deeree canceling a contract for the sale of land, defendant conveyed the land by a warranty deed, covenanting that it was lawfully seised thereof in fee simple, the appeal would be dismissed, as it used and dealt with the land as though intended fully to accept and accede to the terms of the deeree, and would not be permitted to change the position:, which it had voluntarily assumed.</p>
Cited by 4 later decisions — most recently June 1975
4 state decisions
Key passage — most relied on by later courts
““The appellant used and dealt with the land as though it then intended fully to accept and accede to the terms of the decree, and it will not be permitted to change the position which it voluntarily assumed. Kellogg v. Smith, 70 Or. 449, 456 ( 142 Pac. 330 ), furnishes a conclusive precedent. See, also, Thomas v. Booth- Kelly Co., 52 Or. 534 ( 97 Pac. 1078 , 132 Am. St. Rep. 713 ); Elwert v. Marley, 53 Or. 591 ( 99 Pac. 887 , 101 Pac. 671 , 133 Am. St. Rep. 850 ); 3 C. J. 665, 669. “The appeal is dismissed.””
quoted by 1 later decision, including Fluhrer v. Bramel
Relies on Elwert v. Marley · Thomas v. Booth-Kelly Co. · Kellogg v. Smith
Good law ✅— No negative treatment on recordhow we know
Appeal Dismissed · Decided 1916-03-21
