Hoxter v. Poppleton
Oregon Supreme Court
Appeal from Yamhill. The facts are stated in the opinion. Submits that this appeal raises but one question, that is, whether one who purchases land at what appears to be a sheriff’s sale, can recover back his money when it turns out that there was no judgment, and cites: Chapman v. City of Brooklyn, 40 N. Y., 372; Colville v. Besty, 2 Denio, 139; Whealdon v. Olds, 20 Wend., 174; Bank v. Bank, 3 Cowan, 230; Wait v. Leggitt, 8 Cowan, 195; Schwinger v. Hickok, 53 N. Y., 258;…
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Appeal from Yamhill. The facts are stated in the opinion. Submits that this appeal raises but one question, that is, whether one who purchases land at what appears to be a sheriff’s sale, can recover back his money when it turns out that there was no judgment, and cites: Chapman v. City of Brooklyn, 40 N. Y., 372; Colville v. Besty, 2 Denio, 139; Whealdon v. Olds, 20 Wend., 174; Bank v. Bank, 3 Cowan, 230; Wait v. Leggitt, 8 Cowan, 195; Schwinger v. Hickok, 53 N. Y., 258; Freeman on Executions, Sec. 301; Herman on Executions, Secs. 320, 322,330, 340, 507. What the bidder buys is the interest…
1Opinion of the Court
By the Court,
Lord, O. J.:
This is an action for money had and received by the defendant,to the plaintiff’s use. It is said, in general, to lie for money which, ex aequo et bono, the defendant ought to refund as for money paid by mistake, or upon a consideration which happens to fail, or for money obtained by imposition or extortion, or oppression, or taking an undue advantage of a party’s .situation, contrary to laws made for the protection of persons under these circumstances, and a sale made with such knowledge on the part of the party who -causes it to take jfface, renders him liable in an…
2Cases cited3 opinions
- Frost v. . Yonkers Savings BankNew York Court of Appeals · 1877
- Schwinger v. . HickokNew York Court of Appeals · 1873
- Henderson v. OvertonTennessee Supreme Court · 1830
3Cited by7 opinions
- Smith v. RubelOregon Supreme Court · 1932
- Evans v. City of American FallsIdaho Supreme Court · 1932
- First National Bank v. HoveyOregon Supreme Court · 1899
- Peterson v. FossOregon Supreme Court · 1885
- Snow v. TOMPKINSOregon Supreme Court · 1955
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