Ames v. Fallert

In Ames v. Fallert, 61 Ore. App. 415, 657 P.2d 224 review denied 294 Ore. 682, 662 P.2d 726 (1983), the Court of Appeals of Oregon affirmed a judgment reforming a deed to add the omitted signature of a grantor, where both the grantor and his spouse were present when the deed was signed by the wife (to clear title of her dower interest) in conjunction with conveyance of the land, which was owned of record by the husband. The trial court had found that the husband, despite his testimony to the contrary, intended to convey his interest in the property. The Ames court relied upon L. B. Menefee Lumber Co. v. Gamble, 119 Ore. 224, 242 P. 628 (1926): "In that case, a father and son mortgaged real property. Both signed the mortgage, but the son failed to sign the document in his capacity as trustee. The son not only owned a portion of the real property individually, but he also held half of it in trust for other family members. Although the son, as trustee, resisted reformation of the mortgage, the court allowed it, because it concluded beyond a doubt that the intention of the parties was to mortgage the entire estate, including the trust estate." 61 Ore. App. at 419-420.