Adams v. Church

This is an appeal from a decree of the circuit court of Malheur county, state of Oregon, entered by direction of the supreme court of Oregon.

The action originated in a suit by Steel against Adams to settle the affairs of a copartnership theretofore carried on by the parties, and, so far as a Federal question is concerned, involves the right of the plaintiff below to have conveyed to him an interest in a certain tract of land, acquired by Adams under the timber culture act, before the formation of the partnership. 20 Stat. at L. 113, chap. 190. The defendant denies that this tract of land was included in the partnership property. Upon appeal to the supreme court of Oregon, upon whose direction the decree was entered, it was found that at the time of the formation of the partnership Adams was the owner of a timber culture claim covering the land in controversy, and the contention of the plaintiff that it was agreed and understood at the time of forming the partnership that such claim should be conveyed to and become a part of the assets of the firm as soon as Adams should acquire title from the government was sustained.

The Federal question made is that such agreement is void as against the statutes and policy of the United States.

Messrs. R. J. Slater and Will R. King for plaintiff in error.

Messrs. Alonzo H. Stewart and Joseph Simon for defendant in error.

Statement by Mr. Justice Day:  Mr. Justice Day, after making the foregoing statement, delivered the opinion of the court: