Browne v. Coleman
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice McBride. This is an application by Leroy Browne against Elizabeth Coleman and others, under Sections 7179 to 7285, L. O. L., to register title to certain lands situated in Marion County. The question as to the title to this identical property was litigated in the case of Smith v. Whiting, 55 Or. 393 (106 Pac. 791), which was an action of ejectment.
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From Marion: William Galloway, Judge. Statement by Mr. Justice McBride. This is an application by Leroy Browne against Elizabeth Coleman and others, under Sections 7179 to 7285, L. O. L., to register title to certain lands situated in Marion County. The question as to the title to this identical property was litigated in the case of Smith v. Whiting, 55 Or. 393 (106 Pac. 791), which was an action of ejectment. A full statement of the controversy appears in that opinion, and it is unnecessary to repeat it here. Upon the termination of the ease above referred to, Browne, who is the grantee of…
1Opinion of the CourtJustice McBeide
1. When this matter was before the court in ejectment (Smith v. Whiting, 55 Or. 393, 106 Pac. 791), we held that the service of citation and notice was jurisdictional, and that, unless proved by the proper return on file in the county court, that court had no jurisdiction to order the sale. No such return appearing on file and the published notice of sale required defendants to appear on the last day of publication, we held that the proceeding was wholly void, and affirmed the judgment for plaintiff in that action. While equity may relieve against the defective execution of a power created by…
2Cases cited9 opinions
- Deford v. MercerSupreme Court of Iowa · 1867
- Mitchell v. CampbellOregon Supreme Court · 1890
- Smith v. WhitingOregon Supreme Court · 1910
- Pursley v. HaysSupreme Court of Iowa · 1864
- McCulloch v. EstesOregon Supreme Court · 1891
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3Cited by6 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- Stadelman v. MinerOregon Supreme Court · 1916
- Allen v. BerkmierCourt of Appeals of Texas · 1919
- Cole v. MarvinOregon Supreme Court · 1920
- Marks v. WilsonOregon Supreme Court · 1914
1 more not listed; retrieve them via the Exa API.