Dowell v. City of Portland
Oregon Supreme Court
Multnomah County. Plaintiff appeals. This suit can bo maintained under the Code, p. 212, sec. 500, or under the general equity doctrines. (Stark v. Starr, 6 Wall. 402; Murphy v. Sears, 11 Or. 127; Cool-i.dge v. Fomuard, Id. 119; Teal v. Collins, 9 Id. 89; Mason v. Ayers, 28 Wis. 612; 1 High on Injunction, sec. 372; 1 Story’s Eq.
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Multnomah County. Plaintiff appeals. This suit can bo maintained under the Code, p. 212, sec. 500, or under the general equity doctrines. (Stark v. Starr, 6 Wall. 402; Murphy v. Sears, 11 Or. 127; Cool-i.dge v. Fomuard, Id. 119; Teal v. Collins, 9 Id. 89; Mason v. Ayers, 28 Wis. 612; 1 High on Injunction, sec. 372; 1 Story’s Eq. Jur., sec. 700, and notes.) A tax purchaser cannot be in any strict technical sense a bona fide purchaser, because ho has full notice of the proceedings. Such a purchaser comes strictly within the rule caveat emptor. (Boaster v. Poppleton,9 Or. 481; Lynde v.…
1Opinion of the CourtWaldo, C. J.
The charter of the city of Portland provides that the assessment roll of taxes for a street improvement, called in the charter the “ Docket of City-Liens,” shall contain the name of the owner of the property assessed, or shall state that the owner is unknown. The lots were assessed to a stranger to the title. This case arises on an attempt to reassess to the true owner after a sale on the first assessment and payment of the purchase price.
“Tax titles were unknown to the common laws of England. The only way in which an Englishman’s lands could be involuntarily aliened, except in case of…
2Cases cited9 opinions
- Homestead Company v. Valley RailroadSupreme Court of the United States · 1873
- Abbott v. LindenbowerSupreme Court of Missouri · 1868
- Allen v. SmithSupreme Court of Virginia · 1829
- Corporation of the City of Washington v. PrattSupreme Court of the United States · 1823
- Hamilton v. ValiantCourt of Appeals of Maryland · 1869
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3Cited by15 opinions
- Sluder v. City of San AntonioTexas Commission of Appeals · 1928
- Clinton v. City of PortlandOregon Supreme Court · 1894
- Tracy v. ReedU.S. Circuit Court for the District of Oregon · 1889
- Ladd v. SpencerOregon Supreme Court · 1892
- Birney v. WarrenMontana Supreme Court · 1903
10 more not listed; retrieve them via the Exa API.