Yeaton v. Barnhart
Oregon Supreme Court
From Yamhill: "Webster Holmes, Judge. Statement by Mr. Chief Justice Moore. Tbis is a suit to enjoin tbe sale of real property and to quiet tbe title thereto. Tbe material averments of tbe complaint, as far as involved herein, are to tbe effect: That tbe plaintiffs, Elias M. Yeaton and Alice E. Yeaton, are husband and wife, and tbe defendant W. G-. Henderson is tbe duly elected, qualified, and acting sheriff of Yamhill County, Oregon.
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From Yamhill: "Webster Holmes, Judge. Statement by Mr. Chief Justice Moore. Tbis is a suit to enjoin tbe sale of real property and to quiet tbe title thereto. Tbe material averments of tbe complaint, as far as involved herein, are to tbe effect: That tbe plaintiffs, Elias M. Yeaton and Alice E. Yeaton, are husband and wife, and tbe defendant W. G-. Henderson is tbe duly elected, qualified, and acting sheriff of Yamhill County, Oregon. That Stephen Brynjolfson died intestate in that county, November 13, 1909, seised in fee simple of lot 9 in block 2, and lots 7, 8 and 9 in block 3, of Foster’s…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
The petition for the sale of the real property did not state the amount of the sales of personal property, the condition and probable value of the different lots of land, the amount and nature of any liens thereon, nor the names, ages and residences of the heirs of the deceased, as required by the statute: Section 1253, L. O. L. In Wright & Jones v. Edwards, 10 Or. 298, 307, a petition for leave to sell land belonging to a decedent’s estate did not state the amount of sales of personal property, the charges, expenses or claims remaining unsatisfied, nor…
2Cases cited18 opinions
- Hillman v. YoungOregon Supreme Court · 1912
- Walker v. GoldsmithOregon Supreme Court · 1886
- Rutenic v. HamakarOregon Supreme Court · 1902
- Tustin v. GauntOregon Supreme Court · 1873
- Wright v. EdwardsOregon Supreme Court · 1882
13 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dimitroff v. State Industrial Accident CommissionOregon Supreme Court · 1957
- Fox v. LasleyOregon Supreme Court · 1957
- Acton v. LambersonOregon Supreme Court · 1921
- Oil Well Supply Co. v. CreminSupreme Court of Oklahoma · 1930
- Scarborough v. LongSupreme Court of Georgia · 1938
7 more not listed; retrieve them via the Exa API.