Hall v. O'Connell
Oregon Supreme Court
From Coos: Lawrence T. Harris, Judge. Statement by Mr. JUSTICE MOORE. This is a suit by M. E. Hall against Eugene O’Connell, W. W. Gage, Stephen Gallier and Coos County, to enjoin the prosecution of an action at law and to correct certain public records that have been altered.
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From Coos: Lawrence T. Harris, Judge. Statement by Mr. JUSTICE MOORE. This is a suit by M. E. Hall against Eugene O’Connell, W. W. Gage, Stephen Gallier and Coos County, to enjoin the prosecution of an action at law and to correct certain public records that have been altered. The facts are, that from the year 1894 to 1899, inclusive, one John Koch was the owner in fee of lots 3 and 4, in block 9, of Schetter’s Addition to Marshfield, which property was regularly assessed to him, and on which taxes were duly imposed during those years. The burdens thus prescribed not having been paid, the…
1Opinion of the CourtJustice Moore
It is contended by appellant’s counsel that the sale of Koch’s lots to Coos County for the payment of the delinquent taxes was valid, and, though a mistake was made in the description of the block, as noted in the sheriff’s return of the sale and also in the tax deed executed to O’Connell, the county court very properly permitted the record to be amended so as to correspond with the facts as they occurred, and, having done so, the circuit court erred in sustaining the demurrer and in granting the relief prayed for by the plaintiff. The statute in force September 2-, 1899, empowered the county…
2Cases cited7 opinions
- French v. EdwardsSupreme Court of the United States · 1872
- Dowell v. City of PortlandOregon Supreme Court · 1886
- Ladd v. SpencerOregon Supreme Court · 1892
- Doe on Dem. Taylor v. AllenSupreme Court of North Carolina · 1872
- Andrews v. SenterSupreme Judicial Court of Maine · 1851
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3Cited by3 opinions
- Clark v. DuncansonSupreme Court of Oklahoma · 1920
- Bennett v. HarrisonSupreme Court of Minnesota · 1911
- Dennis v. City of McMinnvilleOregon Supreme Court · 1928