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First National Bank of Oregon v. Townsend
Court of Appeals of Oregon
555 P.2d 477 (1976)
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
Holding and Reasoning (Tanzer, J.)
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