Hawkins v. Doe
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice McBride. This is a suit by Delford S. Hawkins and Margaret C.. Hawkins against John Doe, true name unknown, and who is the nephew and heir at law of A. J. Black, deceased, all known heirs of A. J. Black, deceased, and L. E. Ward, administrator of the estate of A. J. Black, deceased, to compel defendants to specifically perform an alleged oral contract to convey land.
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From Lane: Lawrence T. Harris, Judge. Statement by Mr. Justice McBride. This is a suit by Delford S. Hawkins and Margaret C.. Hawkins against John Doe, true name unknown, and who is the nephew and heir at law of A. J. Black, deceased, all known heirs of A. J. Black, deceased, and L. E. Ward, administrator of the estate of A. J. Black, deceased, to compel defendants to specifically perform an alleged oral contract to convey land. The complaint alleges, in substance, that on September 25, 1907, plaintiffs entered into an oral contract with A. J. Black, defendants’ intestate, whereby they agreed…
1Opinion of the CourtJustice McBride
1. On behalf of defendants it is claimed that a suit for specific performance is purely in personam, and that the court acquired no jurisdiction by service of summons by publication. We cannot assent to this view of the law. Being to a great extent a federal question, the decisions of the federal courts furnish the safest guide in cases of this character. In Boswell’s Lessee v. Otis, 9 How. 336, 348 (13 L. Ed. 164), Mr. Justice McLean says:
“It is immaterial whether the proceeding against the property may be by attachment or bill in chancery. It must be substantially a proceeding in rem. A…
2Cases cited8 opinions
- Arndt v. GriggsSupreme Court of the United States · 1890
- Boswell's Lessee v. OtisSupreme Court of the United States · 1850
- Robinson v. KindNevada Supreme Court · 1896
- Corson v. ShoemakerSupreme Court of Minnesota · 1893
- Single v. Scott Paper Manuf'g Co.U.S. Circuit Court for the District of Northern Ohio · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Associated Truck Lines, Inc. v. BaerMichigan Supreme Court · 1956
- Wagner v. Savage, as Adm'rOregon Supreme Court · 1952
- State Ex Rel. Truitt v. District Court of Ninth Judicial Dist.New Mexico Supreme Court · 1939
- Leadbetter v. PriceOregon Supreme Court · 1921
- County of Lincoln v. FISCHEROregon Supreme Court · 1959
21 more not listed; retrieve them via the Exa API.