Smith v. Whiting
Oregon Supreme Court
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Slater. Plaintiffs, J. L. Smith, J. M. Smith and May Hunter, who are three of the nine heirs at law of one J. Me Smith, deceased, brought an action in. ejectment against defendant to recover three-ninths of a particular quarter section of land in Marion County, which their father in his lifetime had owned.
Read the full summary
From Marion: George H. Burnett, Judge. Statement by Mr. Justice Slater. Plaintiffs, J. L. Smith, J. M. Smith and May Hunter, who are three of the nine heirs at law of one J. Me Smith, deceased, brought an action in. ejectment against defendant to recover three-ninths of a particular quarter section of land in Marion County, which their father in his lifetime had owned. It is not disputed by the answer that plaintiffs are three of the nine children and heirs at law of J. Me Smith, or that he in his lifetime was the owner in fee of said'premises. Defendant, however, claims title under an…
1Opinion of the CourtJustice Slater
1. This is a collateral attack upon the validity of the probate order for the sale of the realty (Morrill v. Morrill, 20 Or. 96: 25 Pac. 362: 11 L. R. A. 155: 23 Am. St. Rep. 95), and the question to be decided is one of jurisdiction of the court making the order. This involves jurisdiction, both of the subject-matter and of the persons interested. If, when such an order is made, jurisdiction has attached, whatever errors or irregularities may occur in the subsequent proceedings, it cannot be questioned collaterally. Such errors or irregularities can be reached only by some direct proceeding…
2Cases cited14 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Heatherly v. HadleyOregon Supreme Court · 1869
- Northcut v. LemeryOregon Supreme Court · 1880
- Tustin v. GauntOregon Supreme Court · 1873
- Wright v. EdwardsOregon Supreme Court · 1882
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fox v. LasleyOregon Supreme Court · 1957
- Stadelman v. MinerOregon Supreme Court · 1916
- Bagley v. BlochOregon Supreme Court · 1917
- Mumper v. MatthesOregon Supreme Court · 1949
- United States v. Ronald James FisherCourt of Appeals for the Tenth Circuit · 1972
10 more not listed; retrieve them via the Exa API.