Webster v. Rogers
Oregon Supreme Court
From Coos: George F. Skipworth:, Judge. Statement by Mr. Justice MoCamant. In 1890 the defendant S. C. Rogers and W. G. Webster contracted for the purchase of Lots 2, 3, 6 and 7 in Block 2 of E. B. Dean & Company’s Second Addition to Marshfield. A deed in their favor was executed December 1, 1892; they held the property as tenants in common. Webster’s interest in the property immediately became subject to a number of liens.
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From Coos: George F. Skipworth:, Judge. Statement by Mr. Justice MoCamant. In 1890 the defendant S. C. Rogers and W. G. Webster contracted for the purchase of Lots 2, 3, 6 and 7 in Block 2 of E. B. Dean & Company’s Second Addition to Marshfield. A deed in their favor was executed December 1, 1892; they held the property as tenants in common. Webster’s interest in the property immediately became subject to a number of liens. The first of these was a mortgage he gave the defendant Rogers May 14, 1891, to secure the latter on an indorsement of a $500 note which Rogers signed for the…
1Opinion of the CourtJustice McCamant
Plaintiffs rely chiefly on the fact that the sheriff’s deed was not issued to Frank Rogers until October 29, 1906. The sale was made on an execution based on *551a judgment recovered October 3, 1892. The execution was issued March 11, 1896. A period of more than ten years elapsed between the date of this execution and the date of the sheriff’s deed; it appears that no further executions were issued in the interim. Section 241, B. & 0. Code, then in force and since repealed, was as follows:
“If, at any time after the entry of judgment, a period of ten consecutive years shall Have elapsed without an…
2Cases cited30 opinions
- Twin-Lick Oil Co. v. MarburySupreme Court of the United States · 1876
- Raymond v. FlavelOregon Supreme Court · 1895
- Starkweather v. JennerSupreme Court of the United States · 1910
- Allen v. GilletteSupreme Court of the United States · 1888
- New Memphis Gaslight Co.Tennessee Supreme Court · 1900
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3Cited by4 opinions
- Hall v. McReynoldsTennessee Supreme Court · 1944
- Lund v. LundOregon Supreme Court · 1935
- Matter of Marriage of Smith and SmithCourt of Appeals of Oregon · 1985
- United States v. Payton Marcelle ThomasCourt of Appeals for the Ninth Circuit · 1993