Legal Opinion

Victor Land Co. v. Winters

Oregon Supreme Court

Decided August 1, 1911PublishedCited by 18 opinions

From Multnomah: William Gatens, Judge. Statement by Mr. Justice McBride. This is an action in ejectment by the Victor Land Company, a corporation, against H. D. Winters to recover possession of lots 27 and 28 in block 4 in the town of Mansfield, Multnomah County, Oregon. The complaint is in the usual form. The answer denies plaintiff’s title and possession, and sets up title in the defendant.

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From Multnomah: William Gatens, Judge. Statement by Mr. Justice McBride. This is an action in ejectment by the Victor Land Company, a corporation, against H. D. Winters to recover possession of lots 27 and 28 in block 4 in the town of Mansfield, Multnomah County, Oregon. The complaint is in the usual form. The answer denies plaintiff’s title and possession, and sets up title in the defendant. Both parties deraign title from Anna Matts, who, it is conceded, was the owner of the property in 1894, and who in January, 1908, executed a deed purporting to convey it to plaintiff. Defendant claims…

1Opinion of the CourtJustice McBride

1. The first sale for taxes was made by William Frazier, sheriff, in 1900 for the taxes due for the year 1899. The return shows that both lots were assessed together for a lump sum and sold in a like manner, and the sale was void.

Section 3071, B. & C. Comp., which was the law in force in 1899, required the assessor, in listing real property for assessment, to give the number of each lot and block, and the full cash value of each parcel. Section 3122 requires a sale of each parcel. These provisions are not complied with when there is a lump assessment and sale of several distinct parcels or…

2Cases cited3 opinions

  1. Rafferty v. DavisOregon Supreme Court · 1909
  2. Bays v. TrulsonOregon Supreme Court · 1893
  3. Brentano v. BrentanoOregon Supreme Court · 1902

3Cited by18 opinions

  1. Stettler v. O'HaraOregon Supreme Court · 1914
  2. Voyt v. Bekins Moving & Storage Co.Oregon Supreme Court · 1941
  3. Columbia Realty Investment Co. v. Alameda Land Co.Oregon Supreme Court · 1917
  4. Brown v. BonesteeleOregon Supreme Court · 1959
  5. Guthrie v. HaunOregon Supreme Court · 1938

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