Hass v. Sedlak
Oregon Supreme Court
Appeal from Multnomah. Tbe facts are stated in the opinion. The property in controversy being the separate property of Mary Jane Bickards, her husband had no interest in it, and he was not a necessary party to the suit. {Ackley v. Tarbox, 29 Barb., 512; Newberry v. Garland, 31 Barb., 121; Boat v. Margues, 46 Mo., 48; Bishop on Married Women, sections 824, 1828, 839.) The case of Kennard v. Saxe, 3 Or., 263, recognizes the same principle.
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Appeal from Multnomah. Tbe facts are stated in the opinion. The property in controversy being the separate property of Mary Jane Bickards, her husband had no interest in it, and he was not a necessary party to the suit. {Ackley v. Tarbox, 29 Barb., 512; Newberry v. Garland, 31 Barb., 121; Boat v. Margues, 46 Mo., 48; Bishop on Married Women, sections 824, 1828, 839.) The case of Kennard v. Saxe, 3 Or., 263, recognizes the same principle. The plaintiff could proceed against the parties served. Unless the return clearly contradicts the recital in the decree, the decree will be presumed regular.…
1Opinion of the Court
By the Court,
Waldo, J.:
This is an action of ejectment for lot 9, in block B, in Carutliers’ addition to Oaruthers’ addition to the city of Portland. This lot, on the 9th day of September, 1867, was the property of Mary Jane Rickards, a married woman, and on that day was mortgaged by her and her husband, 'William Rickards, to secure the payment of a promissory note. On the 14th day of November, 1868, while Mary Jane Rickards *464was still a married woman, the mortgage was foreclosed*, and the defendant in this suit deraigns title through mesne conveyances from the purchaser at the foreclosure…
2Cases cited11 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Kowing v. . ManlyNew York Court of Appeals · 1872
- De Vries v. ConklinMichigan Supreme Court · 1871
- Mann v. BestSupreme Court of Missouri · 1876
- Higgins v. PeltzerSupreme Court of Missouri · 1871
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3Cited by3 opinions
- McFarlane v. CorneliusOregon Supreme Court · 1903
- Whittier v. WoodsOregon Supreme Court · 1910
- Mutzig v. HopeOregon Supreme Court · 1945