Logourl black
From our private database of 14,200+ case briefs...

First National Bank of Oregon v. Townsend

Court of Appeals of Oregon
555 P.2d 477 (1976)


Facts

John Townsend executed a deed, entitled “Warranty Timber and Mineral Deed”, to Claude Miller but never recorded the deed. After Miller’s death, First National Bank of Oregon (plaintiff), acting as the personal representative of Miller’s estate, recorded the deed and claimed the property as part of the estate. The State of Oregon asserted that the deed conveyed only timber and mineral rights to Miller and that Townsend retained fee title. If the deed conveyed only timber and mineral rights, fee simple title would escheat to the state because Townsend died with no surviving heirs. First National Bank filed suit seeking a declaratory judgment as to the effect of the deed. The state appeared as the defendant representing John Townsend’s interests as grantor. The trial court concluded that the deed effectively conveyed fee simple title and ruled in favor of First National Bank. The state appealed.

Rule of Law

Issue

Holding and Reasoning (Tanzer, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 240,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.