Sanborn v. Jennings
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by George F. Sanborn and Charles H. Chick against A. C. Jennings and S. L. Jennings, his wife, to quiet title to a tract of land in Lane County, Oregon. Defendants claim title through a tax deed. The answer alleges the assessment of the property to the owner, Ida L. Donaldson, for the year 1899, and the levy of the tax for that year.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by George F. Sanborn and Charles H. Chick against A. C. Jennings and S. L. Jennings, his wife, to quiet title to a tract of land in Lane County, Oregon. Defendants claim title through a tax deed. The answer alleges the assessment of the property to the owner, Ida L. Donaldson, for the year 1899, and the levy of the tax for that year. The tax against the property in question amounted to $4.50, which became delinquent and was so returned by the sheriff, and thereafter a warrant was duly issued and…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. In support of their demurrer, plaintiffs urge that, as the tax deed is set out in the answer and shows on its face that the sale was made to pay the taxes, costs, charges, and interest accruing thereon, it is void on its face, the demand including interest, an item not authorized by law, relying exclusively on the opinion in Stitt v. Stringham, 55 Or. 89 (105 Pac. 252). The only part of the tax proceeding disclosed by the record before us is contained in the answer, and the defense depends upon the prima facie presumption created by the deed, under Section…
2Cases cited7 opinions
- Martin v. WhiteOregon Supreme Court · 1909
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Byam v. CookSupreme Court of Iowa · 1866
- Doland v. MooneyCalifornia Supreme Court · 1889
- Stitt v. StringhamOregon Supreme Court · 1909
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