|
|
Account of Life in Sams Valley
and Early Life
By Linsy Sisemore Fort Klamath, Mar. 30, 1940
I have been for the last couple of years making notes of things I remember of our valley life and events as I remember them. It [is] a long trail to try [to] hark back over. Naturally, this will be a record of events as they come to my mind. After starting this rambling record I began seriously [to] think at 70 we are prone to exaggerate on events, not intentionally, of course, but it seems we just do. One does not notice it in himself, of course, as he does in others whom he has known since boyhood, so I shall not overdraw on things but record them as I know they were. My parents, John Sisemore and Mary Sisemore (formerly Mrs. Enoch Pelton), whose maiden name was Mary Roe, each crossed the plains by ox teams, Mother in 1852. Father's date I do not know definitely; from what he told of his life in the West I conclude it was about the same date. Father was born in Kentucky, Mother in Missouri. Father came the southern route into California; Mother by the northern down the Columbia River [the Oregon Trail]. I know but little of Father's life up to 1858 when he came to Oregon. Father was born 1835, Mother 1837. Father died 1910, Mother 1902. Father was an orphan at 12 years and spent some of [his] early life on a horse ranch, became a jockey and rode until he became too heavy. He was, at maturity, 6'4" and weighed around 220 pounds, dark complected. He never attended school a day but had a good mind and was very apt in figures mentally. In fact, he had a lot of common sense and was very gentility [sic]. He enjoyed, most of any sport, horse racing. He too was a poker player--as were most of the California miners, where he spent several years. When he came to Oregon he soon joined Pelton, Mother's first husband, who died early in the '60s, in land and livestock business. They located in Sams Valley, a part of Jackson County [Oregon]. The valley in which they located was named for Captain Sam, captain of the Rogue Indians, a tribe now extinct. I do not know when the Roeses came to Southern Oregon. I have heard Mother speak of having worked for the Ish family, who had a large ranch near Jacksonville. By her marriage to Pelton she had 3 sons, Horace, James and John. John was the youngest and was 9 years older than me. The partnership continued on, Sisemore & Pelton, until 1885. The emigrants spoke of the year 1852 as the year the cholera was bad. My grandmother and one of her daughters were buried at the roadside near The Dalles, Mother never knew just where. They were out of food when they reached the Columbia. Relief came from Oregon City, but [they were] charged $1.00 per pound for flour, and many of them gave their last dollar for food. They went by raft down to the mouth of the Willamette River, truly pioneering the West. My first recollection [is] to 1875, when Father had a new home built. It was a large 2-story, 9-room place which burned down in 1882. It was a long job building it, as the lumber had to be hand dressed. That was the first frame house I can remember being in. Our old home was a 1½-story hewn log [house of] 4 rooms. I remember very well our first year in the new home; we were visited by D. S. K. Buick, who was a Grange organizer. He gave [me] my first lead pencil and cautioned me not to mark on the new house. I don't remember of ever having had any money up to that time. About ¼ mile from the new house was a school house where I attended my first school. The teacher was a tall, slender Irishman with a long, red beard. His name was Brogan, and was I scared of him. Our first task was to learn to say the alphabet forward and backward. As I remember now I had them about learned when our 3 months was finished. That was all the school we had in a year except when we happened to have enough money for a spring term, which was not often. There were no grades in school at that time; one teacher would have as many as 60 pupils ranging from the first to the fifth reader. You can imagine the work a teacher had to do. Some of the older pupils had as high as 5 studies. The teacher's wage as long as I attended school was $33⅓ per month. Many of our teachers were young girls whose education would about compare to an 8th grade pupil of today. The teacher boarded with the pupils; [the] time with a family depended on the number of pupils in the family. On the ranches Pelton and Father had acquired there were some orchards; new settlers would buy apples. I remember seeing Father sell two wagon boxes full; one wagonload he sold for $1.50, as they were picked from the tree; the other load he sold for 50 cents, as those were picked off of the ground. This illustrates the market condition with us at that time. It was all local, and no one had any money to speak of. Wheat was hauled to the mill and ground; [the] miller kept part of the flour as his pay. We would then dust out the wheat sacks, fill them with flour, haul it home, [and] later trade it to the merchants for what we had to buy, or sell it along with bacon and lard to miners. One of our best markets was Kerby, now a small village out from Grants Pass. In 1871 Father bought "the salt works." There was a small salton spring about 20 miles from Jacksonville. [Martin Peterson mentions salt works of the era "at the head of the west branch of Evans Creek."] The water was run down from the hillside into 60-gallon iron kettles, which were on a crude rock furnace. When the kettles were full a fire was lit in the furnace. The water evaporated, leaving the salt, which was sold. I have wished since [that] I had asked how much salt he got from 60 gallons of water. I forgot to mention our school teachers received $100 for three months, $33⅓ per month. When I was a boy the feeling was pretty strong between Northern and Southern people. My people, being Southerners, were a little leery of a "Yank," and as I remember then the Northerners were a little better traders than Southerners. Harvest was a big job. Most of the ranches had a reaper, a machine which cut very much like a mower except it had a reel which struck the grain as it came in contact with the sickle, causing it to fall on a flat form, where it was carried a few feet. The platform was divided, leaving the grain in a bunch. That was followed by men who took a "whisp," a handful of the grain, and bound the bunch, stood it on end and rushed on to the next clump. Threshing was done by horsepower; 8 or 12 spans of horses were hitched to [a] long sweep and went around and around, turning a big cog wheel, which turned a small pinion on the end of the "tumbling rod," which operated the separator. All the men boarded at the farm home. It took a pretty good-sized crop to feed the men and horses. In 1869 Father took a drove of hogs and a pack train from Jackson County to the mines in Idaho, that being the year I was born. I only remember his telling me of it. I do not know what the distance was, nor how long he was on the road. It was probably 500 miles, and at the rate a hog travels it sure was no small job, then to ride a mule on the return trip. It must have been a six-months' trip. One of the conveniences we had that you will never know was a fly trap. Easily made and very effective. Two 12" boards 4 ft. long hanging from the kitchen ceiling about 1 inch apart, the inner sides smeared with sorghum syrup. In passing one would slap the boards together. You would be surprised now how many you would kill. To make it more effective one of us children would stand by the table while the threshing crew, usually 12 or 14 men, were eating with a stick four or [five] feet long, over which had been folded old newspaper, then slit into strips 6 or 8 inches long. As we would wave that over the table it would keep the flies off of the food and drive them to the trap. One of the interesting sights of my young life was the first coal oil lamp to come into Sams Valley. Mr. Ganiard, a "Yankee," got one, and while it was interesting to me we were surprised to think one would install in his house a thing so dangerous. It sure was an improvement over our "slut" lamp, a saucer of lard with a cotton string braided tightly in the lard and one end of the string over the edge for a wick. As there were no grades in school and so many classes, if one had to stay out of school on account of sickness or to help with the ranch work and lost too much time he would at [the] beginning of [the] next term start in at the first of his reader with the new pupils in that reader. I think I must have climbed the second reader ladder a number of times before I got to the top and got into the third. The Chinamen, of whom there were a great many mining along the streams, afforded quite a market for pork, chickens, flour etc. They worked in camps of various sizes, sometimes as many as 40 or 50 in a camp. They [were] as I remember them very dependable & generous. One of the important events of the years was camp meeting, and as my parents were Methodist, we of course missed but few. People would come by wagon for miles around with the wagon loaded with a camp outfit and children, and as people had hunting hounds there was naturally a good number of dogs in camp. The camp was usually on a stream where they could immerse the converts. We boys who could successfully sneak away from steeping [sic] through a sermon would very ceremoniously convert and baptize dogs. Our home was 20 miles from Jacksonville, the county seat of the county. One of the eventful trips of my life was helping Father drive a bunch of fat cattle to Jacksonville. The sheriff had a large ranch near town, and Father paid his taxes with cattle. While in town among other things he bought a broom, and as it was a new one I felt very proud riding home 20 miles with a new broom on my shoulder. The strange part to you no doubt is how we elderly people remember the little events. The main reason is I think is that events such as I speak of were to us as great an event to us as a new type of automobile or as a new war breaking out in Europe is to you. The first industrial plant I ever saw was "Daddy" Hannah's pottery plant. It was an open shed under which was a sort of hopper, round about, as I remember it 6 ft. in diameter and 4 ft. high. In the center was a post; [set] in the post was a sweep--or pole--one end extending over to about ½ the space from [the] post to [the] side of [the] tank, the other end extending over to a few feet past the side of the tank. I say tank; it was a wooden vat made of puncheons. A puncheon is a thick plank split out of a log. On the short end of the sweep was a chain; attached to the chain was a heavy rock--on the other end he would hitch a mule. Near our home, which was 12 or 14 miles from Hannah's, there was a clay bank--on Sams Creek. The old man would come down and dig out a wagon box of clay, haul it home, shove a part of it into the hopper. He was then ready to start operation. He would dampen the clay, hitch Ajax, the old mule, to the long end of the sweep, turn on the power, not by throwing an electric switch but by throwing a rock at Ajax, and the plant was in operation. Around and around the mule would go, dragging the rock in the dampened clay, thus kneading it. After thoroughly stirring it he would take out a chunk of the size depending on [the] size of the vessel he wanted to make, place it on a short board which whirled round. As he trod with [his] foot to turn it, he would with his hand shape it into vessels for household use. It was surprising to see the number of different things he shaped out. Flower vases, water pitchers, milk pans--as we called them--as we had no milk separators [we] would have to set the milk for the cream to rise. He would shape a lid for the vessel that sat under the beds [chamber pots]. As soon as the clay dried and hardened he placed the vessels in [a] crude stone oven and baked them to a dark brown color. It depended on the size as to cost, but as I remember the average price was 25 cents each. We felt we were advancing when we got our first plow with [a] riding attachment. 2½ acres per day was a good day's plowing with a walking plow. 3 horses were used on a 14" plow, 2 on a 12" plow. We put on no tap dance in the evening after plowing 2½ acres. While resting my team one day I figured out on my boot top [that] a man to plow 2½ acres would have to walk 17½ miles. Still we had some time to do 17½ miles. We fed brush [to] the horses and harnessed them before breakfast by lantern light. Our regular time of rising in the morning was 5 o'clock. After breakfast, as one of the ranches was a mile and a half from the house, [omission] reach the field [a] little after sunrise. We carried our lunch and grain for the horses. We usually left the field at sunset. Boy, did [we] have a lot of disappointments in the spring. A spring shower would come up, and it seemed to me the shower usually started when I was at the wrong end of the field; by the time I got to the turning place the rain would stop and I would have to continue on. With horse-drawn implements one would cover about 2 acres to the foot cut of the machine [in a day], 20 acres with a 10-ft. harrow, mower, header etc. Harrowing was usually the boy's job, as he had no handling of the heavy implement; all he had to do was cover 20 acres at [the] rate of [the] 10-ft. width of the harrow. Of course the fresh-plowed ground did not hurt his bare feet. Nor did the soft, loose ground add any to the ease with which he could walk. After we came in [we] stabled and fed hay to the horses, went to the house, had supper, then got our lanterns and back to the barn. Fed grain, curried the sweat off the horses, bedded them with straw. We were then ready for bed. Our beds were mostly straw ticks filled [with] oat straw, as it was the softest straw we had. Each year after harvest the ticks were filled with fresh straw. The first wagon I remember of was a linchpin, deriving its name from the pin which held the wheels on the spindles. They were wooden axles with metal spindles; an iron pin 4 or 5 in. long, about ½" thick and 1", wide placed through the outer end kept the wheel on. As lard was plentiful and cheap it was used to grease wagons a lot. Mixing lard and flour gave body to the grease and it would stay on longer. We milled our wheat at Eagle Point; [we] would cross Rogue River on [our] way to [the] mill at Bybee's ferry; on [our] way back [we] would ford with no load. At times during running season of salmon the fish would be so thick in the riffles where the ford was it [was] difficult to get horses to cross [apparently due to their skittishness]. Crosscut saws were very rare. [We] would chop down large oak trees and chop the limbs off for wood, leaving the body. When the first round or wire nails came on the market, some thought they would not be popular. People would waste time straightening bent nails. With the kind we had, square and [what] were called cut nails, [they were] made out of rather soft cast iron and would not stand straightening if bent. My first ambition was to be an overland stage driver. They were always well dressed, white shirt and, I suppose, a white celluloid collar, which was most common. The stages had 4 or 6 horses owing to locality; some roads were much worse than others. The distance between changes of horses was around 12 miles, as that is about as far as a horse can stand to go where [he] is going every day. The driver would arrive at a station, pass the lines to the man in charge, who would unhitch the horses, turn them in the lot and bring out a fresh team already harnessed. The driver drove the same road each day up and back at night. They had lanterns about 8 inches square on each side of the stage, using very large candles. Most of the roads were not graded up nor graveled, and at times the mud would [be] knee deep to a horse. My first trip to Portland was the winter of 1884. 3 of us swell guys visited the Mechanic's Exposition [October 9-25, 1884. This would have been the first time rail transportation to Portland was available.]. We started with $20.00 each; our round trip ticket was $6. We stayed a week, and I got home with $1.00, arrived at Gold Hill one night and walked 6 miles home that night. We sure had seen a lot of the world. Every runner for a hotel that showed us any favor we moved to his hotel. It was no trouble to move, since we had no baggage and not much room rent to pay. We 3 slept in one bed. Every rancher was his own veterinarian. If a cow was sick she either had the holler horn or had lost her cud; the thing to do was to make her one. Rolling up some bacon rind in a salted dishrag made a fine one, poke it down her throat. The theory was she had to swallow one to force another one up. If she had holler horn the remedy was to slit the skin of her tail just above the bush and put salt and pepper in the slit and wrap a cloth around it. Naturally she, if not too sick, would get up and move right off. If she died the conclusion was she was not treated soon enough; if she got well, "I knew it would cure her." Sheep manure tea was a very good remedy for youngsters with measles. The first bridge on Rogue River in Jackson County was where the railroad bridge is at Gold Hill [I'm pretty sure there was one at Rock Point earlier]; it was a toll bridge, 25 cts. for a single crossing or $7.00 a year for Sams Valley ranchers. After hog butchering in the fall came soap making. All of the hardwood ashes were saved and placed in an ash hopper built very much like a feed rack except not large, and the slats were shakes placed tight together so when water was poured on the ashes it would soak through and follow the shakes into a trough and empty into a vessel. After soaking through the ashes it would come out strong lye, about the color of good coffee. It would then be emptied into an iron kettle and bacon rind, trimmings and any other fat, tallow or lard [added] and boiled and stirred often. The lye would "eat" the fat until it would become, when cooled, soap. It was quite an accomplishment to make the soap white and solid. When I hear a radio I sometimes think of when we first heard of the wave theory of sound. Rev. J. R. N. Bell, for whom the Bell athletic field at Corvallis was named, told us of a Dr. Hall, a scientist and writer in New York. It seems to me it was about 1880. Although young, it impressed me, and I afterwards read just a little of his writing. One small magazine I remember [was] called The Microcosm. It seems strange one at my age can remember things, events, places, names etc. better than we can of happenings of yesterday. Southern Oregon Historical
Society 1999.100.1, M45C, Box 7
- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -
OVER THE
MOUNTAINS.--Mr. John Sisemore, of Sams Valley, started last week with a
drove of about 300 hogs for Canyon City, John Day country. He went over
the Cascade Mountains by the Rogue River and John Day Wagon Road. When
last heard from, at Diamond Peak, he was getting along well. From that
point he took his pack animals via Fort Klamath.
Oregon Sentinel, Jacksonville, June 22, 1867, page 2 A THIRTEEN POUNDER.--We hear that Mr. John Sisemore of Sams Valley was presented with a thirteen-pound boy by Mrs. S. on Tuesday last. Who can beat it? Oregon Sentinel, Jacksonville, July 17, 1869, page 2 Opinion of the Court--Strahan, J.
WILLFUL DESERTION--DIVORCE.--Willful
desertion is the voluntary separation of one of the married parties
from the other, or the voluntary refusal to renew a suspended
cohabitation, without justification either in the consent or wrongful
conduct of the other.[Filed May 3, 1889.] [JOHN] SISEMORE, APPELLANT, v. [MARY S.] SISEMORE, RESPONDENT. APPEAL from Jackson County. H. K. Hanna, for Appellant. C. W. Kahler and H. Kelly, for Respondent. STRAHAN, J.--This is a suit for a divorce. The amended complaint contains two causes of suit. Our attention will be directed only to the first cause specified. The material part of the amended complaint is as follows: "That about five years ago plaintiff, with his said wife and children, moved from Jackson County to Crook County, in said state of Oregon, and that plaintiff ever since and now is a resident of Crook County; that in October, 1885, the defendant returned from Crook County to her former home in Jackson County, and has ever since remained there; that ever since said last-mentioned date said defendant has willfully deserted the plaintiff, and has willfully remained away from him and their said home, and, though often requested by the plaintiff, has ever since said last-mentioned date persistently refused to return to the plaintiff or their said home, or to longer cohabit with plaintiff thereat." These allegations were met by denials, the cause was referred, and much evidence taken on both sides. Upon a trial in the court below, the suit was dismissed, and costs adjudged against the plaintiff from which decree this appeal was taken. 1. It appears from the evidence that these parties were married on the thirteenth day of December, 1867, in Jackson County, Oregon; that at the time of her marriage with the plaintiff she was a widow, and the mother of three children by her former husband. It also appears that for some time before the final separation an estrangement grew up between these parties; but, so far as the evidence discloses, the plaintiff was not its cause, nor did he in any manner encourage it. Antagonism also grew up between the plaintiff and the children of the defendant by her first marriage. The plaintiff was largely engaged in stock business, and as the range failed in Jackson County, he was compelled to seek other range, or cease the business. He first went to Klamath County, and then afterwards established himself in Crook County, where he still continues to be engaged in that business. The defendant, for some time after the plaintiff went to Crook County, continued to reside upon her farm in Jackson County, where she and her first children carried on farming and stock-raising. Finally, she went with plaintiff to his home in Crook County, and remained there with him for some time, taking with her her younger children. In 1885, she expressed a wish to return to her former home, in Jackson County, for the purpose of schooling the children, and the plaintiff consented to it, and brought her and the children back. When the plaintiff again visited them, he objected to the manner in which the defendant was schooling the children. It seems that the plaintiff wished the children to be regularly kept in school, but the defendant thought there was plenty of time to school them later. During this visit, the defendant and her two older boys treated him very coolly. On this occasion the plaintiff wished the defendant to return to Crook County with him. When he again came down he wanted to know of the defendant if she was not ready to go home, but she told him, in substance, that she had a very good home where she was, and that she did not see any use in going up to Crook County. This was about one year after the plaintiff brought her down. It was on this occasion that the defendant proposed that the plaintiff should return to Jackson County, but the plaintiff told her he could not do it; that he had a homestead in Crook County, which was his home, and that he did not propose to come down here to live with her and the boys. On this occasion, the plaintiff told the defendant that she did not treat him as a wife ought to treat a husband, but she informed him that she treated him better than he deserved. The plaintiff then returned to his home in Crook County, the defendant remaining on her farm in Sams Valley. Afterwards, the plaintiff came down again, and by this time it seems the estrangement between the parties was known outside of the family circle. A protracted meeting was in progress at Grants Pass conducted by Revs. Jones and Sails. Mr. Jones sent for the plaintiff to come to church, who went without his wife. Jones told him to go back and bring her, as he thought he could assist them in getting together. Plaintiff did so. Before going, however, plaintiff asked the defendant if she would not be willing to go back up home to Crook County. She said no; she had a good home, and she had no assurance if she went but that she would have to come back, and the boys might not want to take her in. It was about this time that defendant said to plaintiff: "We all have lost all confidence in you." The plaintiff came down again, and asked the defendant to return to Crook County with him, which she did not do, but told him she had a good home where she was, and that the society was very bad up in Crook. The next time the plaintiff came down he remained from October till March. By this time, serious business complications [see below] had arisen between the plaintiff and Horace Pelton, a son of the defendant by her first husband. The plaintiff many times during this sojourn urged the defendant to return with him to his home in Crook County, but she always put him off with some indefinite answer, and did not comply with his requests. Other evidence tends to prove that the defendant withdrew from the plaintiff, and ceased to cohabit with him, without any cause or reason so far as appears. Nor is there any satisfactory excuse in this record for the failure and refusal of the defendant to return with her husband, and reside with him in Crook County, where he had established the home of the family. It is true she did not directly refuse in words, but she did it by acts, which were far more decisive, and she always treated the matter evasively when approached on the subject by the plaintiff. Do these facts, so very briefly outlined, constitute willful desertion within the meaning of the statute making it a cause for a divorce? 1. Bishop on Marriage and Divorce, section 776, says: "Desertion in divorce law is the voluntary separation of one of the married parties from the other, or the voluntary refusal to renew a suspended cohabitation, without justification, either in the consent or wrongful conduct of the other." In section 782 the same learned author says: "This question, as one of principle, is not without difficulty. Still, if a party to the marriage should refuse to the other party whatever lawfully belongs in marriage alone--refuse not from consideration of health, not from any other temporary considerations, but from alienation of affection, from perverted religious notions, or from any other cause resting permanently in the will, and not in physical inability--the refusing party would thereby withdraw from whatever relation of marriage, distinguished from every other relation subsisting between human beings, is understood to imply. Therefore he should be holden to desert thereby the other." I think enough is shown by the plaintiff to constitute willful desertion within the statute, and for that reason the decree of the court below must be reversed, and a decree entered in this court allowing the plaintiff a divorce from the defendant, but upon the express condition that the plaintiff first release all claim and interest in the wife's lands by reason of said decree, and neither party to recover cost against the other. At this time no order will be made as to the custody of the children, other than whichever party has their custody shall make no claim on the other for their support. The court below will have power to make orders in relation to their care and custody as occasion may require. LORD, J., concurred in granting a divorce. Reports of Cases Decided by the Supreme Court of the State of Oregon during the October Term 1888 and March Term 1889, Vol. 17, San Francisco 1889, pages 542-546 [Filed May 3, 1889.]
IN A SUIT TO ESTABLISH BY PAROL EVIDENCE A RESULTING TRUST IN REAL PROPERTY,
upon the alleged grounds that it was purchased and the conveyance of
the legal title taken in the name of one person, while the purchase
price was paid by another, the evidence of the payment of the purchase
price, or of the exact portion of it which was paid, where payment of a
part only is claimed, in order to be effective, must be clear, certain,
and convincing. And it is indispensable to the establishment of such a
trust that the payment should be actually made by the beneficiary, or
that an absolute obligation to pay should be incurred by him, as a part
of the original transaction of purchase, at or before the time of the
conveyance.JOHN SISEMORE, APPELLANT, v. HORACE PELTON, RESPONDENT. IN ORDER TO ESTABLISH A CONSTRUCTIVE TRUST IN REAL PROPERTY, upon the grounds that the conveyance of the legal title was taken by one possessing some fiduciary character, or standing in some fiduciary relation, it must be shown by clear and unmistakable evidence that the purchase was made with trust funds. Statement of Facts.
WHERE S. AND P. WERE PARTNERS IN BUSINESS,
and the latter purchased from I. a certain tract of land by taking an
assignment from I. of a certificate of purchase thereof from the state,
which I. had received upon his purchase of the land as school land; and
upon which purchase he paid one installment and executed his three
several promissory notes in payment of the other installments, which,
by an understanding with P., had with him at the time of the assignment
of the certificate of purchase, I. was to pay off, but neglected the
payment of two of them, and S. subsequently, and long after the death
of P., paid them, with the accrued interest thereon, and had the deed
to the land executed by the state to P.: held, that the fact of such
payment by S. did not give a resulting trust in his favor; held
further, that as there was no evidence showing that P. in his purchase
of the land from I. paid for it with partnership funds, S. could not
claim that a constructive trust arose, or was created in his favor.H. K. Hanna, for Appellant. C. W. Kahler, for Respondent. APPEAL from a decree of the circuit court for the county of Jackson, dismissing the appellant's complaint. The appellant commenced a suit against the respondent in said circuit court, to have a resulting trust declared in his favor in a certain parcel of land, consisting of 160 acres, situated in what is known as Sams Valley, Jackson County, Oregon, and designated as the Hyde ranch. The land is the northeast quarter of section 36, township 35 south, range 3 west, and was formerly school land belonging to the state of Oregon. It appears that one Mat R. Ish bought the land at a public sale of school lands in Jackson County, made by M. A. Williams, superintendent of common schools for that county, in pursuance of an order of the board of county commissioners thereof, and received the following certificate of purchase: "January 31, 1863.
"Jackson County,State of Oregon.) "This is to certify that at a public sale of school lands, under the order of the board of county commissioners, I this day sold to Mat R. Ish the following described tract of land, to wit, the northeast quarter of section No. 36, in township No. 35 south, of range No. 3 west, Willamette meridian, containing 160 acres. "M. A. WILLIAMS, Sup't Com. Schools."
It does not appear clearly what the purchase price of the land was, nor
what payments were made thereon at the time of the purchase. It
appears, however, that Ish executed three promissory notes to the state
of Oregon for eighty dollars each, to be paid in one, two, and three
years from the date of the purchase, with interest thereon at the rate
of ten percent per annum, and that in 1863, the year in which he
purchased the premises, he paid of the purchase price eighty dollars.
Hence it may be inferred that the price of the land was two dollars an
acre, aggregating $320, and that it was to be paid for, one fourth cash
at the time of the sale, and the balance in the notes mentioned. On the
back of the said certificate is the following endorsement:"For value received, I hereby assign and transfer all my right, title, and interest of and in the within certificate of sale to E. C. Pelton, or assigns, and authorize the deed for the land mentioned therein to be made to the said E. C. Pelton or his assigns. "Witness my hand this twenty-second day of October, A.D. 1864. "MAT R. ISH.
It further appears, by a certificate given by John Neuber, as treasurer
of Jackson County, bearing date November 10, 1871, that said Ish, in
1864, paid to said county treasurer the sum of eighty-eight dollars on
school land purchased by him from the superintendent of common schools.
The appellant claimed in his testimony given in the case that, in the
summer or fall of 1863, he entered into a partnership with said E. C.
Pelton, who then resided in said Jackson County; that the business of
the partnership at that time was to be the buying and selling of hogs
and other personal property; that appellant was unmarried at the time,
but Pelton had a wife and a family, and the former resided and made his
home with the latter upon a farm occupied by him, known as the Sam
Smith ranch, the title of which was in Mary S. Pelton, then the wife of
said E. C. Pelton, and one of the respondents herein; that late in the
year 1863, or early in 1864, the said partners agreed to extend their
business, and buy up and own land in said Sams Valley; that in October,
1864, on appellant's return from Yreka, California, where he had been
with a drove of hogs, he was informed by Pelton that the latter had
purchased the said Hyde ranch for the partnership. The appellant's
account of the affair is as follows: "In 1864, after we had this talk
[referring to their conversation in regard to forming the partnership],
he mentioned about buying the Hyde ranch, as we called it at that time,
and we agreed for him to buy it if we could. After that, a while after
I came back from California, again he told me he had bought this piece
of land. That is the first piece we had bought since we had been
partners. I don't know who he bought it of--only what he told me. He
told me he bought it of Mat Ish. I asked him at the time if long-nosed
Bill Hyde was not in with Ish in this ranch. I think, as well as I
recollect, he kind of laughed and said he had it all right. He did not
show me any deed of conveyance for this land, and all I know about the
purchase of it by Pelton was what he told me after I returned from
California." It further appears that in February, 1865, appellant
bought for the partnership a ranch adjoining the Hyde ranch, known as
the Miller ranch, and took the deed to it in the name of Sisemore and
Pelton, and farmed both of these ranches, until the death of Pelton,
which occurred September, 1865; that Pelton, at his death, left said
Mary S. Pelton his widow, and the other respondents, his minor
children, aged respectively eight, six, and four years; that appellant
continued to reside with the family until 1867, when he married the
widow, Mary S. Pelton, who is now his wife; that he was appointed
administrator of the said E. C. Pelton, and took charge of the family
and all of the said ranches. In his testimony, in answer to the
question, "If, after the death of Mr. Pelton, he, at any time,
ascertained that the title to this Hyde place was still in the state of
Oregon, he might state when it was that he first ascertained it, and
all that he did toward obtaining a title from the state," the appellant
made the following answer: "I think it was in 1870 I came here to town,
as there was a boom in land at that time, and I got uneasy about my
titles, and I spoke to Jim Fay, and asked him to go down to the clerk's
office with me and look up the titles of my land for me. He told me he
could find nothing of this Hyde ranch on record. We then went to Mr.
Hoffman, and he could not find anything. I then left it in the hands of
Fay to do something with it, I did not know what, to try to get a title
for me. I went home and left it in the hands of Fay. The next time I
came back to town Fay told me 'he had no trace of anything.' I then
went down to Ish's ranch, and inquired of Jacob Ish where Mat was. He
said he was down on the coast somewhere, but would be up here in a few
days to run his header. Then when Mat came, he knew nothing. I says to
Hoffman, 'Maybe you can find something in your private books, as Mr.
Pelton always put a great deal of confidence in you.' He said 'he would
go and see if he could.' He returned presently with two notes that Mat
Ish had given to the state, that had never been paid. Mat Ish had given
these notes in payment of the Hyde ranch; that is the way they read to
me. Fay took the notes and looked at them, and says 'they were
outlawed; let us go and see if you can make a payment on them and renew
them.' We went up to Max Muller, I made a payment on those notes, and
he endorsed it on the notes. I then told him I would pay these notes
off as soon as I could get the money. Fay had told me that was the only
way I could get a title to it. Some time after that, I did not know how
long it was, I got the money and came in and paid both notes. At the
time I paid the notes I spoke to Fay, and told him I wanted half of the
land that was mine. He advised me to pay the notes and take the deed
out in Pelton's name, and they would hold the deed in equity, and it
would show on record here, and I would have no trouble in getting my
rights. Mr. Hoffman advised me to do the same. The deed was issued for
this land by the state in the name of Mr. Pelton, to the best of my
knowledge. I had the deed placed upon record. I don't recollect how
much it was I paid on those two notes. I made the payment of these two
notes with the intention of getting one-half of the land. My
understanding from Fay at the time was, that that was the proper way to
do it." The appellant, in corroboration of his testimony above set out,
produced as a witness one B. F. Miller, who testified as follows: "As
near as I can remember, sometime in the spring or summer of 1864, Mr.
Pelton told me he had taken John Sisemore in as a partner in buying
stock, grain, and anything to trade on. He stated as his reasons for
doing so, 'because that he thought John was a better hand to buy them
than he was.' He also said 'that John had some little money, and if
John made any trade with me for stock it would be the same as if he had
made it'; they frequently bought hogs of me--sometimes one, and
sometimes the other. Sisemore bought quite a large quantity of grain
from me at one time, and paid the money for it, and Mr. Pelton received
the grain. I sold them in February, 1865, as near as I can remember, a
quarter-section--the northwest quarter of section 31, township 35,
range 2 west. Sisemore negotiated the trade, and I believe it is the
land belonging to Sisemore and Pelton that is spoken of and known as
the Miller ranch. During the conversation, after I had sold them this
place, they told me their intention was to buy the Sams Creek Valley. I
made the deed to Sisemore and Pelton. They paid me fifteen hundred
dollars for the ranch. Pelton was not present when the sale of the land
was made. I said in my cross-examination that I believed that Mr.
Pelton had purchased this Hyde property before I had this conversation
with him about the partnership. I did not know at the time I was being
questioned the exact date or month that Mr. Pelton bought the property
from Ish. If this property was not bought by Mr. Pelton until the last
of October, 1864, he told me of this partnership arrangement before;
but I was under the impression that he had bought it before.""Witness: WILLIAM HOFFMAN." The appellant also produced as a witness Mrs. Sisemore, who testified that the occupation of Mr. Pelton, her former husband, at the time of his death, was farming and trading in hogs and stock; that appellant was engaged in business with him at the time of his death; that she could not say exactly how long they had been associated together in business, but thought it was since 1864; that there was no company purse kept by Mr. Pelton and Mr. Sisemore for household purposes that she knew of, and she thought there was no company purse kept by them at all. The respondent produced evidence tending to show that Pelton purchased the Hyde ranch prior to the formation of the partnership between him and the appellant; that appellant never claimed to have any interest therein until 1886, when in talking over the affairs of the family he claimed that he had paid eight hundred and sixty-odd dollars to the state, and thought he ought to be entitled to half the place, as he had paid for it. It also appears in evidence that Mat R. Ish, on the seventeenth day of March, 1870, signed a promissory note, wherein he promised to pay to the heirs of E. C. Pelton, or bearer, $272 for balance due on transfer of school land, and that he delivered the note to the appellant; that he did so after being informed by appellant that he, appellant, had paid the balance on the land. THAYER, C. J.--In order to maintain the appellant's claim to an equitable estate in the premises in controversy, the facts of the case must show that a trust arose by operation of law in favor of the appellant. He must be able to demonstrate that the various transactions occurring between him and the said E. C. Pelton, and what he did in effecting title to the premises after Pelton's death, as disclosed by the evidence, created in his favor either a resulting or constructive trust. In other words, it must appear that in the purchase of the Hyde ranch, as it is called, the appellant paid the consideration money or some distinct part thereof; or that a fiduciary relation existed between him and Pelton at the time the purchase was made, and that the premises were paid for with trust funds. The two classes of trusts arising by operation of law--resulting and constructive trusts--are distinct from each other; and the appellant's case must come within one or the other of them, or else he has no cause of suit. Either class of the trusts referred to may be established by parol evidence, but it must be clear, certain, and convincing. Mr. Pomeroy says, in regard to the proof of a resulting trust, that "it is settled by a complete unanimity of decisions that such evidence must be clear, strong, unequivocal, unmistakable, and must establish the fact of payment by the alleged beneficiary beyond a doubt. Where the payment of a part only is claimed, the evidence must show in the same clear manner the exact portion of the whole price which was paid." (Pomeroy's Eq. Jur., sec. 1040.) The same author also says: "In pursuance of the ancient equitable principle that the beneficial estate follows the consideration, and attaches to the party from whom the consideration comes, the doctrine is settled in England and in a great majority of the American states, that where property is purchased and the conveyance of the legal title is taken in the name of one person, A, while the purchase price is paid by another person, B, a trust at once results in favor of the party who pays the price, and the holder of the legal title becomes a trustee for him. In order that this effect may be produced, however, it is absolutely indispensable that the payment should be actually made by the beneficiary B, or that an absolute obligation to pay should be incurred by him as a part of the original transaction of purchase, at or before the time of conveyance; no subsequent and entirely independent conduct, intervention, or payment on his part would raise any resulting trust." (Pomeroy's Eq. Jur., sec. 1037.) And said author, in speaking of constructive trusts arising from the acts of persons already possessing some fiduciary character or standing in some fiduciary relation, says: "The evidence that the purchase was made with trust funds must however be clear and unmistakable." (Pomeroy's Eq. Jur., sec. 1049.) Tested by these rules, which are elementary, the appellant's counsel cannot reasonably claim that a resulting or constructive trust, in favor of the appellant, arose out of the facts proved in the case. It is not pretended that it is shown by the evidence that the appellant paid any part of the consideration money upon the purchase of the premises by Pelton from Ish, nor that the purchase was made with trust funds, although the counsel intimated at the hearing that it might be so inferred. But such facts cannot be so established by inference. They must be proved; not necessarily beyond a doubt, as Mr. Pomeroy states it, but by clear and cogent testimony, tending directly to confirm them. The appellant did prove that he paid two of the notes, and accrued interest thereon, which were given by Ish in favor of the state of Oregon, upon the purchase by the latter of the premises from the school superintendent; but that of itself would not raise a resulting trust; it was not a payment of a part of the consideration of purchase of the premises by Pelton from Ish; it was a mere advancement upon a debt owed by Ish, and which, as between himself and Pelton's representatives, Ish was evidently bound to pay. And if it had been a part payment of the purchase price of the premises, upon the purchase by Pelton from Ish, it would not have aided the appellant's claim, as it was not a payment made "as a part of the original transaction of purchase, at or before the time of conveyance." I mean by the conveyance, the assignment of the certificate of purchase of the premises by Ish to Pelton. The appellant's counsel seemed inclined to claim at the hearing that the payment by the appellant of the two notes and interest to the state constituted in some way a purchase of the premises from the state, which gave rise to a trust in the appellant's favor; but that position, in view of the facts, is not tenable. Ish purchased the property from the agent of the state, and sold his right under the purchase to Pelton. What the terms of the sale from Ish to Pelton were, however, do not appear, although it is evident that Ish understood that he was to pay off the notes given for the purchase-money of the premises. He did pay one of them the same year he made the assignment to Pelton of his certificate of purchase, but neglected the payment of the other two, and they remained unpaid until the appellant discovered the fact, long after they had matured, and paid them, and caused the deed to be executed from the state to Pelton, although dead at the time. Ish, it appears, about the same time executed to Pelton's heirs his promissory note, intended to cover the advancement made by the appellant. That the transactions last referred to did not raise a resulting trust, is too apparent to require discussion. The act was a very generous one on the part of the appellant, but he secured to himself no legal rights thereby beyond a claim for money paid, laid out, and expended, if any at all. Under the view herein expressed, the decree appealed from must be affirmed. An order will therefore be entered herein accordingly. Reports of Cases Decided by the Supreme Court of the State of Oregon during the October Term 1888 and March Term 1889, Vol. 17, San Francisco 1889, pages 546-556 Death of Miss Hattie Sisemore.
Hattie A. Sisemore was born in Sams Valley, March 28, 1877, where
she lived surrounded by all the heart could desire in a beautiful
country home until about one year ago, when failing health made it
necessary for her to seek a dryer climate. She with her mother, Mrs.
Mary Sisemore, went to Arizona, where she spent some months, then to
Pasadena, Cal., where she died of consumption Dec. 27, 1899. Although
just entering into the joys of life, she was satisfied and willing to
go and was very happy in the assurance that she would enter into that
everlasting life where there is no pain or death, but all is light and
love and be received into the care and fellowship of her risen Lord
"who doeth all things well." Surrounded by friends and loved ones, she
quietly fell asleep to awake on that evergreen shore. Her remains were
brought to Gold Hill, where the funeral services were conducted in the
Odd Fellows Hall, Jan. 1, 1900, then interred in the beautiful cemetery
one mile north of her home in Sams Valley.Miss Sisemore was loved and respected by all who knew her, and the high esteem in which she was held was evidenced by the large concourse which gathered to see her laid to rest. She leaves a father and mother, one sister, Mrs. W. B. Johnston of Ashland, four brothers, John E. Pelton of Ashland, Horace and James Pelton and Linsy Sisemore of Sams Valley, besides a host of relatives and friends to mourn her death. Their great loss is her eternal gain. Valley Record, Ashland, January 4, 1900, page 3
DIED.
SISEMORE.--In Portland, Oregon, December 28, 1901, Mrs. Mary S. Sisemore, aged 63 years.The deceased was an early pioneer of Sams Valley, Oregon, and the mother of a large and respected family, among whom are our most enterprising and respectable citizens of Southern Oregon; men of large business qualifications and financial standing in the community all live in Jackson County, except the younger, a half brother, Linsy Sisemore, who resides in Klamath County. Horace and James Pelton make their home on the farm, John Pelton lives in Ashland and is one of that town's substantial citizens. Gold Hill News, January 4, 1902, page 5 Linsy Sisemore, who is largely interested in the cattle business at Fort Klamath, came in this week and went to Jacksonville to visit his relatives, the Orth family. Mr. Sisemore engaged Messrs. Darling and Vose to go out and work for him during haying season. Gold Hill News, July 5, 1902, page 2 John Sisemore, probably the most widely known citizen of Southern and Central Oregon, died at Grants Pass, November 26 last. He was buried at Myrtle Creek the following Monday. He owned quite extensive interests in Crook County near Bend. He leaves one daughter, Mrs. W. B. Johnston, of Roseburg, and a son, L. C. Sisemore, of Fort Klamath. Lake County Examiner, Lakeview, Oregon, December 8, 1910, page 1 Pioneer Passes.
John Sisemore, a pioneer of Southern Oregon, well known throughout the
county, died at Roseburg, Nov. 26th, and was buried at Myrtle Creek.
Deceased was born in Kentucky in 1835, and came across the plains in
1855, first to Utah and California, afterwards to Oregon in 1860,
residing in Jackson County for quite a period. He later resided in
Crook County. He left two children, Lindsay [sic] C. Sisemore of Fort Klamath, and Mrs. W. B. Johnson of Roseburg.
Ashland Tidings, December 12, 1910, page 8 Old Pioneer Passes Away
Well Known in Upper Deschutes Country, Where His Stopping Place Was Called Farewell Bend.
Grants Pass, Ore., Dec. 1--John Sisemore of Bend died at the hospital
here last Saturday. Burial was at Myrtle Creek, in a grave beside that
of his late wife, on Monday. His daughter, Mrs. W. B. Johnston of
Roseburg, and son, L. C. Sisemore of Fort Klamath, were with him at the
end. He was conscious to the last, and hours before he died he asked if
all hospital expenses were paid and nurses settled with. He had all the
care that doctors and trained nurses could give.
John Sisemore was one of the best known citizens of Central Oregon. He came to the Deschutes in 1881 and from that time occupied the ranch on the river a mile south of Bend until 1905, when he sold it to Dr. Nichol. Since that time he has lived in Bend, where he owned considerable property. Mr. Sisemore married a Mrs. Pelton, which union resulted in harmony after two children had been born. November 27, 1908 he married Mrs. Susan Brewer, whose health was frail, and she died a few months later. For a long time Mr. Sisemore had serious organic heart trouble, which, it is presumed, finally produced death. He left Bend in August with the expectation of going to Mexico for the winter. After visiting some weeks with his daughter in Roseburg, he proceeded to Grants Pass, to receive treatment from an eye specialist, and there became so feeble that he could not continue, and death overtook him after confinement in the hospital for six weeks.--Bend Bulletin. Madras Pioneer, Madras, Oregon, December 15, 1910, page 4 JACKSON COUNTY LOSES ONE
OF PICTURESQUE PIONEERS.
GOLD HILL, Or., Jan. 11.--(Special.)--Adam Sisemore, one of the last of
the pioneers of the '50s, passed away upon the long trail at his home
in this city on Monday, January 6. For some time past Mr. Sisemore had
been suffering from Bright's disease, and his death was not unexpected.
He is survived by his aged wife, of this city, and has other relatives
at Fort Klamath and Roseburg.
In the pioneer days of Oregon, Adam Sisemore played a leading part in the drama of development and was widely known. He was born in Kentucky in 1837. In 1854 young Sisemore answered the call of the Kentucky blood, and crossed the plains to Salt Lake City, traveling by wagon, and thence to Yreka, Cal., residing in Yreka eight years. In 1862 he set out on foot to travel through Oregon, eventually arriving on the Willamette in Benton County. Later he went to Lewiston, Idaho. In 1865 he married Miss Nancy Langley, and returned to Oregon in 1867, locating in Jackson County. Since 1894 he lived at Gold Hill. Oregonian, Portland, January 13, 1913, page 9 Adam Sisemore, one of the last of those daring argonauts and pioneers of the '50s, passed away upon the long trail at his home in this city on Monday, the 6th. For some time past Mr. Sisemore had been suffering from Bright's disease, and his death was not unexpected. He is survived by his aged wife, of this city, and has other relatives at Fort Klamath and Roseburg. Funeral services were held at the home on Wednesday afternoon, Rev. L. B. Overholser, of Talent, of the United Brethren church, performing the last sad rites. The remains were laid to rest in the Rock Point cemetery. In the pioneer days of Oregon, Adam Sisemore played a leading part in the drama of development and was widely known. Born in Kentucky in 1837, he grew to young manhood in the state which is famed for having produced the hardiest and most intrepid of pioneers and frontiersmen. In 1854 young Sisemore answered the call of the Kentucky blood, and crossed the plains to Salt Lake City, traveling by wagon train, and from thence to Yreka, California. Residing in Yreka eight years, in 1862 he set out on foot to travel through Oregon, eventually arriving on the Willamette in Benton County. Here he built a skiff and voyaged down the Willamette to its junction with the Columbia, thence up the Columbia to the Snake River, the course of which he followed to Lewiston, Idaho. After variously trying his fortune through Idaho and Oregon, young Sisemore struck out in the winter of '63 to accompany a pack train to the Idaho basin. En route the party became lost in the Salmon River Mountains and were snowed in for seven weeks, suffering severe privations. The following year he again started for the Idaho Basin, afoot and driving a pack pony. This time the trip was safely accomplished, and for several years he prospected throughout Idaho. In 1865 he was married to Miss Nancy Langley, and returned to Oregon in 1867, locating in Jackson County. Although he has resided elsewhere at intervals since that time, the greater portion has been spent within the confines of Jackson County, and since 1894 at Gold Hill. With the passing of Adam Sisemore Jackson County loses one of the eldest keepers of the stirring traditions of pioneer days. Medford Mail Tribune, January 13, 1913, page 4
FORMER RESIDENT RECOVERING HERE
Concerning a former well-known Jackson County woman, especially in Jacksonville and Medford, the Klamath Falls News says:"Friends of Mrs. Linsy Sisemore, popular matron of Fort Klamath, will be glad to learn of her improvement from a severe illness. On her return from Australia two months ago Mrs. Sisemore was taken seriously ill and spent two week in a San Francisco hospital, later being taken to her home at Fort Klamath. Since that time she has been at the home of her brother and sister-in-law, Mr. and Mrs. John Orth of Medford. "Mrs. Sisemore's condition is steadily improving and she is now able to receive visitors. Friends visited here in Medford Sunday and state that she will be glad to see her Klamath friends, since it will be several weeks before she will be able to return to her home." Medford Mail Tribune, June 14, 1930, page 2 ANNA ORTH SISEMORE, MEMBER OF PIONEER FAMILY, PASSES AWAY
SISEMORE--Anna Orth Sisemore died at her home at Fort Klamath,
Oregon, September 26, from heart trouble, aged 56 years. She was a
native daughter of Jacksonville, born August 24, 1874. Mrs. Sisemore
was a daughter of John and Ellenor Orth, pioneers of Oregon.She married L. C. Sisemore at Jacksonville, and is survived by her husband and three sons, Emmett, Jerry and Orth, and three sisters and two brothers, Celia McClallen, Roseburg, Ore.; Josephine Perton, Ft. Klamath, Ellenor J. Cotchett, Melbourne, Australia; John S. Orth, Medford, Ore., and Henry W. Orth, Brookings, Ore. Funeral services will be held at the Catholic church, Medford, Oregon, Monday morning at 10:30 a.m., Rev. Father Black officiating. Interment in Jacksonville cemetery. Medford Mail Tribune, September 27, 1930, page 3 LINSY SISEMORE DIES IN PORTLAND
Medford Mail Tribune, March 20, 1942, page 8
Linsy C. Sisemore of Fort Klamath, 73, a pioneer of Jackson and Klamath
counties, passed away at St. Vincent's hospital in Portland today. He
was widely known throughout Southern Oregon. He was born in Sams
Valley, where he spent his youth and early manhood. He was a half
brother of James, John and Horace Pelton, who preceded him in death.
For the past 42 years he has been engaged in the cattle business in
Klamath County, where he owned a large ranch.
He is survived by three sons, Orth Sisemore, district attorney of Klamath County, Emmett Sisemore and Jerry Sisemore. Funeral services will be held in Klamath Falls Monday, with interment in Jacksonville cemetery that day. A more complete obituary will appear in a later issue of this paper. LINSY SISEMORE RITES ON MONDAY
Final rites for Linsy C. Sisemore will be held at Klamath Falls Monday
morning at 11 o'clock. Interment will be in the Jacksonville cemetery
Monday afternoon.
Mr. Sisemore, for the last 42 years a resident of Fort Klamath, Ore., passed away in Portland, on Friday, March 20, 1942, at 5:30 a.m., following an illness of three weeks. He was a native of Sams Valley, Ore., and at the time of his death was aged 72 years, 8 months and 8 days. Surviving are three sons, J. R., of Fort Klamath, J. E. and L. Orth Sisemore of this city; also two grandchildren. Mr. Sisemore was a member of Klamath Falls lodge No. 1247 BPOE. Mr. Sisemore was well known in the Rogue River Valley. He was at one time a deputy sheriff of Jackson County. Medford Mail Tribune, March 22, 1942, page 7 |
|
