English v. Savage
Oregon Supreme Court
Appeal from Marion County. In 1858, Levin N. English, one of the defendants, as guardian of the plaintiffs, who were minors, made sale of certain real property described in the complaint, of which O. G. Savage, another of the defendants, became the purchaser.
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Appeal from Marion County. In 1858, Levin N. English, one of the defendants, as guardian of the plaintiffs, who were minors, made sale of certain real property described in the complaint, of which O. G. Savage, another of the defendants, became the purchaser. At the February term, 1873, of the Circuit Court for' Marion County, Oregon, O. G. Savage brought suit against the plaintiffs to quiet his title to the premises, alleging that the guardian’s sale before referred to had been conducted in substantial conformity with the law; that the bond required of the guardian by § 10, chapter 51,…
1Opinion of the Court
By the Court,
Burnett, J.:
Upon the first point appellant’s counsel seem to rely with confidence on the case of Cooper v. Sunderland (3 Iowa, 114). In that case an objection was made to a guardian’s sale, under a statute similar to ours, on the ground that it did not appear that the guardian took the oath required by the statute before fixing on the time and place of the sale; and the court says, in passing on the case made: “There is no evidence, either in the record or in the papers, nor is any brought to our knowledge aliunde, that this oath was taken. The guardian makes a report of her sale…
2Cases cited2 opinions
- Cooper v. SunderlandSupreme Court of Iowa · 1856
- Moll v. BencklerWisconsin Supreme Court · 1871
3Cited by9 opinions
- Kromer v. FridayWashington Supreme Court · 1895
- State v. Douglas County Road Co.Oregon Supreme Court · 1882
- Burke v. Northern Pacific Railway Co.Washington Supreme Court · 1915
- Savage v. McCorkleOregon Supreme Court · 1888
- Howell v. HowellOregon Supreme Court · 1915
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