Legal Opinion

Murphy v. Bjelik

Oregon Supreme Court

Decided December 27, 1917PublishedCited by 16 opinions

From Multnomah.: John P. Kavanaugh, Judge. Statement by Me. Justice Haréis. Although this proceeding has sometimes been referred to by the litigants as a suit to quiet title, in reality it is more in the nature of a suit to remove cloud from title.

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From Multnomah.: John P. Kavanaugh, Judge. Statement by Me. Justice Haréis. Although this proceeding has sometimes been referred to by the litigants as a suit to quiet title, in reality it is more in the nature of a suit to remove cloud from title. The Monarch Lumber Company, an Oregon corporation, owned two tracts of land in Multnomah County, Oregon, one of which will be referred to as Tract A and the other will be designated as Tract B. Two sawmills and an electric power plant are located upon Tract A; and in 1911 this property was probably worth $500,000. Tract B consists of a block of…

1Opinion of the CourtJustice Harris

The main question for decision, and the one to which counsel have given most of their attention, is whether the sale of Tracts A and B by the sheriff was void. But there is a preliminary question which must be disposed of first; and it is because of this preliminary question that an extended statement of the material facts and of the pleadings has been made. Recurring to the answers filed by Bjelik, Bray ton & Lawbaugh, Ltd., and Patton, it will be observed that these defendants in effect allege that the Assets Realization Company became the real owner by reason of the deeds executed by the…

2Cases cited34 opinions

  1. Louisville & Nashville Railroad v. PalmesSupreme Court of the United States · 1883
  2. Luther v. ClaySupreme Court of Georgia · 1897
  3. People v. Oakland Water Front Co.California Supreme Court · 1897
  4. Southern Railway Co. v. CoveniaSupreme Court of Georgia · 1896
  5. Prichard v. Board of Commissioners of MorgantonSupreme Court of North Carolina · 1900

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3Cited by16 opinions

  1. State of Oregon v. Blount, Sr.Oregon Supreme Court · 1953
  2. Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
  3. Freytag v. VitasOregon Supreme Court · 1958
  4. Dodge v. DaviesOregon Supreme Court · 1947
  5. Matsuda v. Noble and DecosterOregon Supreme Court · 1948

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