Salem Improvement Co. v. McCourt
Oregon Supreme Court
Appeal from Marion: Geo. H. Burnett, Judge. This is a suit to quiet title. The facts show that on September eighth, eighteen hundred and fifty-seven, in pursuance of an act of the legislative assembly of the Territory of Oregon, passed January twenty-sixth, eighteen hundred and fifty-six, the superintendent of common schools of Marion County, Oregon, sold as school land to one John A. Johns the south half of the southwest quarter of section twenty-eight in township seven…
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Appeal from Marion: Geo. H. Burnett, Judge. This is a suit to quiet title. The facts show that on September eighth, eighteen hundred and fifty-seven, in pursuance of an act of the legislative assembly of the Territory of Oregon, passed January twenty-sixth, eighteen hundred and fifty-six, the superintendent of common schools of Marion County, Oregon, sold as school land to one John A. Johns the south half of the southwest quarter of section twenty-eight in township seven south of range three west of the Willamette Meridian in said county, together with other real property, and on October…
1Opinion of the Court
*100Opinion by
Mr. Justice Moore.
The plaintiff contends that the superintendent’s deed conveyed no title, while the defendants contend that Johns, their grantor, having obtained a deed which purported to convey the fee simple title to the land in controversy, the state is estopped from claiming any after-acquired title, and that, plaintiff’s grantors having obtained their deed from the state with notice of the prior recorded deed, the legal title inured to the defendants. Section 20 of the act of congress, approved August fourteenth, eighteen hundred and forty-eight (9 U. S. Stat. 323), reserved…
2Cases cited11 opinions
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- Van Renesselaer v. KearneySupreme Court of the United States · 1851
- State ex rel. Lott v. BrewerSupreme Court of Alabama · 1879
- Buse v. RussellSupreme Court of Missouri · 1885
- Dolph v. BarneyOregon Supreme Court · 1874
6 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. State Land Board v. Corvallis Sand & Gravel Co.Oregon Supreme Court · 1978
- Micelli v. AndrusOregon Supreme Court · 1912
- State Land Board v. SAUSEOregon Supreme Court · 1959
- Carolina National Bank v. StateSupreme Court of South Carolina · 1901
- Van Dusen Inv. Co. v. Western Fishing Co.Oregon Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.