Lewis v. Chamberlain
Oregon Supreme Court
From Jackson: Frank M. Calkins, Judge. Department 2. Statement Per Curiam. This is an application by Eliza J. Lewis against George E. Chamberlain and all whom it may concern to register the title to lots numbered 6, 7, and 8 in block 1 of Cottage Addition to the City of Medford. From an order denying a motion to set aside a decree for registration of title in defendant Chamberlain, applicant appeals.
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From Jackson: Frank M. Calkins, Judge. Department 2. Statement Per Curiam. This is an application by Eliza J. Lewis against George E. Chamberlain and all whom it may concern to register the title to lots numbered 6, 7, and 8 in block 1 of Cottage Addition to the City of Medford. From an order denying a motion to set aside a decree for registration of title in defendant Chamberlain, applicant appeals. This case was before this court upon a previous appeal, which was dismissed: Lewis v. Chamberlain, 61 Or. 150 (121 Pac. 430). Thereafter plaintiff moved the Circuit Court to set aside the decree…
1Opinion of the Court
*478Opinion
2Per curiam
1, 2. The decree of the court entered in the absence of counsel was not void, but irregular, and it was in the discretion of the court upon seasonable motion and good cause shown to set it aside. On the merits no showing is made, except as we can consider the testimony taken in the court below to be a showing, and this indicates that the plaintiff’s title rested upon a void tax title, accompanied with an insufficient adverse possession. Chamberlain was the actual owner of the property, and was therefore entitled upon the pleadings to have a decree to that effect, and to have the…
3Cases cited1 opinion
- Parker v. DalyOregon Supreme Court · 1911
4Cited by6 opinions
- Swing v. Kokomo Steel & Wire Co.Indiana Court of Appeals · 1919
- Brady v. PlaceIdaho Supreme Court · 1925
- Stuart v. NorvielArizona Supreme Court · 1924
- Frances Investment Co. v. Superior CourtCalifornia Supreme Court · 1922
- Kohler v. United Irr. Co.Court of Appeals of Texas · 1920
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