State v. Hyde
Oregon Supreme Court
From Crook: T. E. J. Duffy, Judge. In Banc. This is a suit brought to set aside deeds to upwards of fourteen thousand acres of lands in Crook County which formerly belonged to the State of Oregon. The suit is based on an alleged conspiracy to which the defendants Hyde, Schneider and others were parties, to secure these lands in fraud of the public policy of the state as defined by its statutes providing for the sale of its lands.
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From Crook: T. E. J. Duffy, Judge. In Banc. This is a suit brought to set aside deeds to upwards of fourteen thousand acres of lands in Crook County which formerly belonged to the State of Oregon. The suit is based on an alleged conspiracy to which the defendants Hyde, Schneider and others were parties, to secure these lands in fraud of the public policy of the state as defined by its statutes providing for the sale of its lands. Most of the defendants are joined as parties on the allegation that they assert some interest in the property adverse to the claim of the state. The second amended…
1Opinion of the CourtMcOAMANT, J.
1. All of the appellants assign error on the refusal of the court to dismiss the suit on the ground that the United States is a necessary party defendant. This point was raised by most of the appellants on demurrer and by all of them the question was *13reserved by answer. It is averred in tbe thirtieth paragraph of the second amended complaint that “the United States of America has at all times and does now refuse to accept the deeds of defendants O. W. Clarke and F. A. Hyde for the lands hereinbefore first described.” This allegation imports that there was no delivery of the deeds. It is…
2Cases cited67 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- United States v. Detroit Timber & Lumber Co.Supreme Court of the United States · 1906
- United States v. LeeSupreme Court of the United States · 1882
- Hunt v. Rousmanier's AdministratorsSupreme Court of the United States · 1823
- Davis v. GraySupreme Court of the United States · 1873
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3Cited by22 opinions
- Corvallis Sand & Gravel Co. v. State Land BoardOregon Supreme Court · 1968
- State Highway Commission v. RawsonOregon Supreme Court · 1957
- State v. GatesOregon Supreme Court · 1922
- Newman v. CorneliusCalifornia Court of Appeal · 1970
- State of Oregon, by and Through the Division of State Lands v. The Bureau of Land Management, Department of the Interior, United States of AmericaCourt of Appeals for the Ninth Circuit · 1989
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