Metropolitan Investment & Improvement Co. v. Schouweiler
Oregon Supreme Court
From Multnomah.: "William N. Gatens, Judge. The Metropolitan Investment & Improvement Company, a corporation, brought this suit against M. E. Schouweiler and T. M. Hurlburt, sheriff of Multnomah County. From a decree dismissing the complaint, plaintiff appeals. Reversed and decree entered in accordance with the prayer of the complaint. Department 2. Statement by Mu.
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From Multnomah.: "William N. Gatens, Judge. The Metropolitan Investment & Improvement Company, a corporation, brought this suit against M. E. Schouweiler and T. M. Hurlburt, sheriff of Multnomah County. From a decree dismissing the complaint, plaintiff appeals. Reversed and decree entered in accordance with the prayer of the complaint. Department 2. Statement by Mu. Justice Mc-Camant, This is a suit brought to enjoin the defendants from selling on execution Lot 2 in Block 9 North Albina Addition to the City of Portland. It.appears that this property, prior to May 22, 1914, belonged to one S.…
1Opinion of the CourtJustice McCamant
It is provided by Section 7129, L. O. L., as amended in 1911 that:
“Every conveyance affecting the title of real property within this State hereafter made, which shall not be recorded as provided in this title, shall be void as against any subsequent purchaser in good faith and for a valuable consideration of the same real property, or any portion thereof, whose conveyance shall be first duly filed for record.”
The statutes of Oregon on the subject of attachment contain the following provision, Section 301, L. O. L.:
“From the date of the attachment, until it be discharged or the writ executed,…
2Cases cited3 opinions
- Rhodes v. McGarryOregon Supreme Court · 1890
- Flegel v. KossOregon Supreme Court · 1906
- Barnes v. SpencerOregon Supreme Court · 1915
3Cited by5 opinions
- Bailey v. HickeyOregon Supreme Court · 1921
- United States v. CohnOregon Supreme Court · 1954
- Matsuda v. Noble and DecosterOregon Supreme Court · 1948
- Bankers' Discount Corp. v. NoeOregon Supreme Court · 1925
- Downing v. GoddardOregon Supreme Court · 1952