Portland Trust Co. v. Coulter

Citations

• 23 Or. 131
• 31 P. 280
• 1892 Ore. LEXIS 113

Syllabus

<p>1. Res Judicata. — A decision of the supreme court on a point distinctly made is, in all subsequent proceedings between the same parties, concerning the same subject matter, and on the same facts, the law of the case by which the court is bound, whatever its views might be on an original consideration of the case. Powell v. JO. & G. R. R. Go. 14 Or. 22 (12 Pac. Rep. 83), and Applegate v. Dowell, 17 Or. 229 ( 20 Pac. Rep. 429), approved and followed. Curtis v. La Grande Water Co. 20 Or. 34 (23 Pac. Rep. 808, and 25 Pac. Rep. 378), distinguished.</p> <p>2. Idem. — A decision of a point distinctly presented and decided on a former appeal in an action at law, governs a subsequent equity case between the same parties upon the same subject.</p> <p>3. Equitable Relief.— In an action to enjoin the prosecution of actions of ejectment, it appeared that plaintiff claimed title from the grantee in a deed executed by a wife as attorney in fact of her husband; that the deed was void because made for a consideration unauthorized by the power of attorney; that the land in dispute was donated to the husband by the wife’s mother, with the express declaration that the wife should have no part of it: held, that the wife could not be considered the equitable owner of the land, so as to make effective her void conveyance under the power.</p> <p>4. Equity — Defective Execution of Powee.— Equity will relieve against the defective execution of a power, but will not give validity to a void act under the pretense of aiding the defective execution of a power; therefore it cannot validate a conveyance by an attorney in fact made in excess of his authority.</p>