Legal Opinion

Jeffery v. Smith

Oregon Supreme Court

Decided December 31, 1912PublishedCited by 9 opinions

From Multnomah: Robert G. Morrow, Judge. Statement by Mr. JUSTICE MOORE. This is an action by Oliver K. Jeffery against Ella M. Smith and O. M. Smith, her husband, to recover the possession of lots 1, 2, and 3, in fractional block 330, in Portland, and damages for an alleged wrongful occupation of the premises.

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From Multnomah: Robert G. Morrow, Judge. Statement by Mr. JUSTICE MOORE. This is an action by Oliver K. Jeffery against Ella M. Smith and O. M. Smith, her husband, to recover the possession of lots 1, 2, and 3, in fractional block 330, in Portland, and damages for an alleged wrongful occupation of the premises. The answer denied the material averments of the complaint, and for a further defense alleged, in effect, that the plaintiff’s only claim to the real property consisted oí mesne conveyances from the city treasurer of Portland upon pretended sales of the premises for an alleged…

1Opinion of the CourtJustice Moore

1. No evidence has been brought up, and hence the only question to be considered is whether or not the conclusions of.law that the proceedings and the tax deeds are void are legally deducible from the findings of fact that no competent evidence was offered of the publication of the several notices demanded. Hicklin v. McClear, 18 Or. 126 (22 Pac. 1057) ; Harris v. Harsch, 29 Or. 562 (46 Pac. 141) ; Darling v. Miles, 57 Or. 593 (111 Pac. 702: 112 Pac. 1084). Section 833, L. O. L., as far as deemed applicable to the inquiry involved, reads as follows:. “Proof of the publication of a notice…

2Cases cited12 opinions

  1. Hicklin v. McClearOregon Supreme Court · 1889
  2. City of Corvallis v. CarlileOregon Supreme Court · 1882
  3. Blumauer-Frank Drug Co. v. Horticultural Fire ReliefOregon Supreme Court · 1911
  4. Clinton v. City of PortlandOregon Supreme Court · 1894
  5. City of Sedalia ex rel. Sedalia National Bank v. DonohueSupreme Court of Missouri · 1905

7 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Carey v. GuestMontana Supreme Court · 1927
  2. Chan Sing v. AstoriaOregon Supreme Court · 1916
  3. Penn-Dixie Cement Corp. v. City of KingsportTennessee Supreme Court · 1949
  4. Hanley Co. v. Harney Valley Irr. Dist.Oregon Supreme Court · 1919
  5. Frazier v. CottrellOregon Supreme Court · 1917

4 more not listed; retrieve them via the Exa API.

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