Purdy v. Winters' Estate
Oregon Supreme Court
Prom Multnomah: Henry E. McGtnn, Judge. Statement by Mr. Justice Benson. This is an action by Will E. Purdy against the estate of H. D. Winters, deceased, Agnes Butts (now Agnes Hecker), as administratrix of the estate of H. D. Winters, deceased; C. M. Idleman and Agnes Hecker, formerly Agnes Butts, for damages.
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Prom Multnomah: Henry E. McGtnn, Judge. Statement by Mr. Justice Benson. This is an action by Will E. Purdy against the estate of H. D. Winters, deceased, Agnes Butts (now Agnes Hecker), as administratrix of the estate of H. D. Winters, deceased; C. M. Idleman and Agnes Hecker, formerly Agnes Butts, for damages. The complaint, which is quite voluminous, recites a portion of the proceedings in a certain suit to quiet title wherein Agnes Butts (now Agnes Hecker) was plaintiff and Will E. Purdy, plaintiff herein, was defendant; that said suit was decided adversely to Purdy, was appealed to this…
1Opinion of the CourtJustice Benson
1. There is but one question presented, and that is as to the sufficiency of the complaint It is obvious *616that the plaintiff’s right to recover is based entirely upon the theory that' the decree in the suit of Butts v. Purdy, supra, was erroneous and unjust. It is clearly an attack upon the determination of that suit. The principle is so thoroughly established as to require no citation of authorities that a decree of a court having •jurisdiction of the parties and subject matter cannot be attacked for fraud aliunde the record by the parties or privies.
2. All the questions which can possibly be…
2Cases cited1 opinion
- Morrill v. MorrillOregon Supreme Court · 1890
3Cited by10 opinions
- Klein v. WhiteheadCourt of Special Appeals of Maryland · 1978
- Fishman v. AlbertsMassachusetts Supreme Judicial Court · 1947
- Gerini v. Pacific Employers InsuranceCalifornia Court of Appeal · 1938
- State v. VincentOregon Supreme Court · 1935
- Simpkins v. BrooksDistrict of Columbia Court of Appeals · 1946
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