Brentano v. Brentano
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a suit by J. F. T. B. Brentano ag'ainst his brother C. F. Brentano to cancel a tax deed. Plaintiff, being the owner in fee and in possession of the west half of the Jean Jeangras donation land claim, No. 79, situate in sections 14 and 23, township 4 south, range 3 west of the Willamette Meridian, conveyed, on February 13, 1896, the east two thirds thereof to the defendant and one R. L. M. Brentano.
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From Marion: Reuben P. Boise, Judge. This is a suit by J. F. T. B. Brentano ag'ainst his brother C. F. Brentano to cancel a tax deed. Plaintiff, being the owner in fee and in possession of the west half of the Jean Jeangras donation land claim, No. 79, situate in sections 14 and 23, township 4 south, range 3 west of the Willamette Meridian, conveyed, on February 13, 1896, the east two thirds thereof to the defendant and one R. L. M. Brentano. The whole of this tract, together with two certain lots in the Town of St. Paul, were assessed to the plaintiff upon the assessment roll for Marion…
1Opinion of the CourtJustice Wolverton
1. It will be recalled that the land was assessed in one parcel and the lots in another, and it is admitted that they are situated one and three quarter miles apart, so they cannot be considered, under any circumstances, as one parcel. The sheriff *17made the sale en masse, and the defendant purchased for a gross sum. This is shown by the officer’s return. The deed is the result of the sale made in the manner indicated, and the question is whether it is void for irregularity. The contention in support of the deed is that it is the intention of the statute that sales of realty for taxes shall be…
2Cases cited5 opinions
- Barnes v. BoardmanMassachusetts Supreme Judicial Court · 1889
- Strode v. WasherOregon Supreme Court · 1888
- Bays v. TrulsonOregon Supreme Court · 1893
- Harris v. HarschOregon Supreme Court · 1896
- McNary v. WrightmanOregon Supreme Court · 1898
3Cited by7 opinions
- State v. KlineOregon Supreme Court · 1907
- Ayers v. LundOregon Supreme Court · 1907
- Victor Land Co. v. WintersOregon Supreme Court · 1911
- Harter v. ConeOregon Supreme Court · 1911
- Columbia Valley Trust Co. v. SmithOregon Supreme Court · 1910
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