Loomis v. Rosenthal
Oregon Supreme Court
From Multnomah : Loyal B. Stearns, Judge. This is a suit by Katie J. Loomis and Olive F. Swafford against Lewis and Caroline Rosenthal to establish a trust in real property, to set aside certain conveyances thereof, and to recover the rents and profits arising therefrom.
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From Multnomah : Loyal B. Stearns, Judge. This is a suit by Katie J. Loomis and Olive F. Swafford against Lewis and Caroline Rosenthal to establish a trust in real property, to set aside certain conveyances thereof, and to recover the rents and profits arising therefrom. The material facts are that on February 21, 1860, one J. Y. Clary, being the owner in fee simple of the northwest i of section 33, in township 1 north, of range 2 east of the Willamette Meridian, in Multnomah County, executed with his wife, Barbara A., a mortgage thereof to Messrs. Ladd & Tilton, bankers, to secure the…
1Opinion of the CourtJustice Moore
It is contended by plaintiffs’ counsel that the petition for the appointment of an administrator of the estate of J. Y. Clary, deceased, did not state facts sufficient to confer upon the County Court of Multnomah County jurisdiction of the subject-matter; that Clary’s heirs were not served with a citation to appear, and show why their ancestor’s real property should not be sold to satisfy his debts, and hence said court never acquired jurisdiction of their persons, in consequence of which it was powerless to order a sale of the premises, thereby rendering any attempted sale thereof void.…
2Cases cited20 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Galliher v. CadwellSupreme Court of the United States · 1892
- Hammond v. HopkinsSupreme Court of the United States · 1892
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Badger v. BadgerSupreme Court of the United States · 1865
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3Cited by12 opinions
- Cayuga Indian Nation of New York v. PatakiCourt of Appeals for the Second Circuit · 2005
- Baillie v. Columbia Gold Mining Co.Oregon Supreme Court · 1917
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
- Crow v. CrowOregon Supreme Court · 1914
- Hilterbrand v. CarterCourt of Appeals of Oregon · 2001
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