Legal Opinion

Parker v. Dacres

Washington Supreme Court

Decided March 7, 1890No. 420PublishedCited by 33 opinions

Error to District Court, Walla Walla County. Plaintiff claims to recover tbe property described in the complaint as owner in fee; defendant denies plaintiff’s title, and sets up title in himself. Plaintiff put in evidence certain deeds dated respectively October 1, 1874, and April 29, 1876, from one Edward Sheil to himself.

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Error to District Court, Walla Walla County. Plaintiff claims to recover tbe property described in the complaint as owner in fee; defendant denies plaintiff’s title, and sets up title in himself. Plaintiff put in evidence certain deeds dated respectively October 1, 1874, and April 29, 1876, from one Edward Sheil to himself. Defendant offered evidence to prove that on the 4th day of August, 1874, the property described in plaintiff’s complaint was sold at judicial sale under a decree in the case of Almos H. Reynolds v. Edtuard Shell; that said Sheil was present at said sale, and made no…

1Opinion of the Court

The opinion of the court was delivered by

Hoyt, J.

This was an action of ejectment. In his complaint plaintiff claimed title in fee without in any way deraigning his title. Defendant for answer denied generally, and further pleaded that he held the premises in question by virtue of a sale thereof under a decree of foreclosure of a certain mortgage made by one Sheil, who at the time of the execution of said mortgage and of the sale thereunder, was the owner in fee.

Upon the trial, plaintiff introduced certain deeds showing a chain of title ending in Sheil, the maker of said mortgage, and also a…

2Cases cited3 opinions

  1. Kirk v. HamiltonSupreme Court of the United States · 1880
  2. Mather v. HutchinsonWisconsin Supreme Court · 1869
  3. Peck v. StraussCalifornia Supreme Court · 1867

3Cited by33 opinions

  1. Simmons v. TrumboWest Virginia Supreme Court · 1876
  2. Radford v. FowlkesSupreme Court of Virginia · 1889
  3. Harman v. CundiffSupreme Court of Virginia · 1886
  4. Moore v. MauroCourt of Appeals of Virginia · 1826
  5. Isham v. ParkerWashington Supreme Court · 1892

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