Balfour v. Burnett
Oregon Supreme Court
Appeal from Douglas: J. C. Fullerton, Judge. This is an appeal from an order confirming a sale of real property. The facts are that Balfour, Guthrie and Company, having obtained a decree foreclosing a mortgage on certain tracts of. contiguous land in Dougias County, caused an execution to be issued against the property adjudged to be sold, directed to the sheriff of said county, who advertised the sale to take place on February twenty-fourth, eighteen hundred and…
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Appeal from Douglas: J. C. Fullerton, Judge. This is an appeal from an order confirming a sale of real property. The facts are that Balfour, Guthrie and Company, having obtained a decree foreclosing a mortgage on certain tracts of. contiguous land in Dougias County, caused an execution to be issued against the property adjudged to be sold, directed to the sheriff of said county, who advertised the sale to take place on February twenty-fourth, eighteen hundred and ninety-four, at which time the defendants. Thomas B. Burnett, Jasper Waite, and Shirley Waita, claiming a portion of said premises,…
1Opinion of the Court
*74Opinion by
Mr. Justice Moore.
1. The statute prescribing the manner oí sale, so far as applicable to the case at bar, is as follows: “When the sale is of real property, and consisting of several known lots or parcels, they shall be sold separately or otherwise, as 'is likely to bring the highest price, or when a portion of such real property is claimed by a third person, and he requests it to be sold separately, such portion shall be sold separately”: Hill’s Code, § 292. A proper definition of the term “third person” is important in the determination of the defendants’ right to insist upon a…
2Cases cited6 opinions
- Leese v. ClarkCalifornia Supreme Court · 1862
- Dolph v. BarneyOregon Supreme Court · 1874
- Bays v. TrulsonOregon Supreme Court · 1893
- Leinenweber v. BrownOregon Supreme Court · 1893
- Bank of British Columbia v. PageOregon Supreme Court · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Succession of BakerSupreme Court of Louisiana · 1911
- Churchill v. MeadeOregon Supreme Court · 1919
- Federal Land Bk. of Spokane v. CurtsIdaho Supreme Court · 1927
- Bruckman v. HealyOregon Supreme Court · 1928
- Redwine v. TrowbridgeCalifornia Court of Appeal · 1929