Berger v. Multnomah County
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Wolverton. The plaintiff, H'enry Berger, claiming title to certain real property under tax deeds bearing date December 24, 1902, executed in pursuance of sales for delinquent taxes assessed and levied for the year 1899, seeks by this proceeding to restrain Multnomah County from selling or otherwise disposing of the property involved, and to remove as a cloud upon plaintiff’s title all claim of any interest…
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Wolverton. The plaintiff, H'enry Berger, claiming title to certain real property under tax deeds bearing date December 24, 1902, executed in pursuance of sales for delinquent taxes assessed and levied for the year 1899, seeks by this proceeding to restrain Multnomah County from selling or otherwise disposing of the property involved, and to remove as a cloud upon plaintiff’s title all claim of any interest therein by the county arising by virtue of .its having previous to plaintiff’s purchases bid in the property upon sales for…
1Opinion of the CourtJustice Wolverton
1. The most vital question involved, by the appeal is *404whether the county, by the sheriffs sales under which the plaintiff claims title, and the deeds issued in pursuance thereof, no redemption having been had in the mean while, is precluded from disposing'of'the property with a view to realizing taxes assessed in previous years for the nonpayment of which it was sold to the county. Counsel for plaintiff strenuously affirm that it is. Upon the other hand, it is contended that the sales and deeds to plaintiff, if regular, were effective to convey only such interest as the delinquent taxpayers…
2Cases cited15 opinions
- State ex rel. Mau v. AushermanWyoming Supreme Court · 1903
- Clyburn v. McLaughlinSupreme Court of Missouri · 1891
- Dennison v. City of KeokukSupreme Court of Iowa · 1876
- Ferguson v. KabothOregon Supreme Court · 1903
- Diamond Coal Co. v. FisherSupreme Court of Pennsylvania · 1852
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3Cited by3 opinions
- Feehely v. RogersOregon Supreme Court · 1938
- Multnomah County v. Title Guarantee Co.Oregon Supreme Court · 1905
- Buchanan v. TennantOregon Supreme Court · 1909