Scott-McClure Land Co. v. City of Portland
Oregon Supreme Court
From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice McBride. This is a suit by the Scott-McClure Land Co., a corporation, against the city of Portland and J. E. Werlein, as treasurer of said city, to restrain the defendant city from selling lot 16 in block 7 in North Irvington, in the city of Portland, for a delinquent street assessment.
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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. Justice McBride. This is a suit by the Scott-McClure Land Co., a corporation, against the city of Portland and J. E. Werlein, as treasurer of said city, to restrain the defendant city from selling lot 16 in block 7 in North Irvington, in the city of Portland, for a delinquent street assessment. Plaintiff alleges that on June 14, 1906, there was duly entered and docketed in the city lien docket of Portland a lien and assessment against the property above mentioned for the improvement of East Eleventh street. On November 26, 1906, the…
1Opinion of the CourtJustice McBride
A single question of law is presented on this appeal: Whether or not the lien docketed on June 14, 1906, and under which plaintiff derives its title, is superior to the lien docketed on August 10, 1905, under which defendant is attempting to sell the property. In other words, did the sale under the junior lien extinguish the prior lien? Both liens are identical in character, being for street improvements.
The question presented is new in this State; but, after carefully considering it, we are of the opinion that it was not the intent of the provisions of the charter that a sale upon a junior…
2Cases cited5 opinions
- Brady v. BurkeCalifornia Supreme Court · 1891
- Des Moines Brick Manufacturing Co. v. SmithSupreme Court of Iowa · 1899
- Burke v. LukensIndiana Court of Appeals · 1895
- Bell v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 1901
- Philadelphia ex rel. Holgate v. MeagerSupreme Court of Pennsylvania · 1871
3Cited by6 opinions
- Woodill & Hulse Electric Co. v. YoungCalifornia Supreme Court · 1919
- Hollenbeck v. City of SeattleWashington Supreme Court · 1925
- City of Albuquerque v. Middle Rio Grande Conservancy Dist.New Mexico Supreme Court · 1941
- Central Sav. Bank & Trust Co. v. TuckerSupreme Court of Louisiana · 1935
- Central Sav. Bank & Trust Co. v. TuckerSupreme Court of Louisiana · 1935
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