Jackson v. Stearns
Oregon Supreme Court
From Douglas:. James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is a suit by C. S. Jackson against A. W. Stearns and H. J. Wilson, to enjoin the dismissal of another suit and to set aside a deed to real property.
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From Douglas:. James W. Hamilton, Judge. Statement by Mr. Justice Moore. This is a suit by C. S. Jackson against A. W. Stearns and H. J. Wilson, to enjoin the dismissal of another suit and to set aside a deed to real property. The complaint alleges, in effect, that the defendant Stearns, on September 22,1904, was the owner and in the possession of 320 acres of land in Douglas County, particularly describing it, but that the defendant WHs011 claimed to have some interest therein which constituted a cloud on the title; that Stearns employed plaintiff, who is an attorney, to bring a suit to…
1Opinion of the CourtJustice Moore
1. The question presented for consideration is whether or not the complaint states facts sufficient to constitute a cause of suit. No decree had been rendered in the suit brought to remove the cloud from the title when Stearns executed to Wilson a deed to the premises, and at that stage of the case the statute raised no lien as security for attorney fees: B. & C. Comp. § 1063. In the absence of a legislative enactment regulating the matter, the rule is quite general that prior to securing a judgment or a decree in his favor a party to a suit or an action may, without the knowledge or consent…
2Cases cited12 opinions
- Williams v. . IngersollNew York Court of Appeals · 1882
- North Chicago Street Railroad v. AckleyIllinois Supreme Court · 1897
- Davis v. WebberSupreme Court of Arkansas · 1899
- Randall v. . Van WagenenNew York Court of Appeals · 1889
- Falconio v. LarsenOregon Supreme Court · 1897
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3Cited by25 opinions
- Louque v. DejanSupreme Court of Louisiana · 1911
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- Miller v. ScobieSupreme Court of Florida · 1943
- Greenleaf v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1915
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
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