Legal Opinion

Smith v. Dwight

Oregon Supreme Court

Decided May 18, 1915Published

From Tillamook: Webster Holmes, Judge. This is a suit by Lewis L. Smith against W. G. Dwight, in which there was a decree in favor of plaintiff and defendant appeals. Bespondent moves to dismiss the appeal. In Banc. Department 2. Statement by Mr. Justice Bean.

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From Tillamook: Webster Holmes, Judge. This is a suit by Lewis L. Smith against W. G. Dwight, in which there was a decree in favor of plaintiff and defendant appeals. Bespondent moves to dismiss the appeal. In Banc. Department 2. Statement by Mr. Justice Bean. This is a suit to quiet title to the west half of the southwest quarter of section 1, and the northeast quarter of the southeast quarter and the southeast quarter of the northeast quarter of section 2, township 1 north, range 10 west of the Willamette Meridian, in Tillamook County, Oregon. From a decree in favor of the plaintiff,…

1Opinion

Modified April 4, 1916.

On the Merits.

(156 Pac. 573.)

2Opinion of the CourtJustice Bean

If defendant maintains title to the realty by virtue of either of the alleged proceedings he must prevail; otherwise not. We will first take up the matter of *6the decree of foreclosure of the delinquent tax certificate, the sale and sheriff’s deeds thereunder. The record discloses that in 1896 plaintiff obtained a patent for the land from the government of the United States. The following appears upon the assessment-roll for Tillamook County for the year 1907:

Smith, Louis L. West one-half of Southwest one-quarter.

Smith, Louis L. Northeast of…

3Cases cited16 opinions

  1. Washington Timber & Loan Co. v. SmithWashington Supreme Court · 1904
  2. Reynolds v. LincolnCalifornia Supreme Court · 1886
  3. Townsend Savings Bank v. ToddSupreme Court of Connecticut · 1879
  4. Bremer & Co. v. Fleckenstein & MayerOregon Supreme Court · 1881
  5. Block v. StateSupreme Court of Alabama · 1880

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