Heatherly v. Hadley
Oregon Supreme Court
Appeal from Marion County. Tbis is a suit in equity, brought by plaintiffs to liave a certain decree of' foreclosure rendered against them and others in favor of defendants, in the Circuit Court for the County of Lane, in October, 1863, and the sale made under it, set aside, and an accounting taken between the parties, upon the grounds— That there is no proof, as required by law, of the service of summons, and that the Court had no jurisdiction in the prior suit; and That…
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Appeal from Marion County. Tbis is a suit in equity, brought by plaintiffs to liave a certain decree of' foreclosure rendered against them and others in favor of defendants, in the Circuit Court for the County of Lane, in October, 1863, and the sale made under it, set aside, and an accounting taken between the parties, upon the grounds— That there is no proof, as required by law, of the service of summons, and that the Court had no jurisdiction in the prior suit; and That the decree in that suit was for a greater amount than was due, and that it was procured by fraud. At the preceding term of…
1Opinion of the Court
By the Court,
Upton, J.:
The prominent points presented for our consideration by this appeal are embodied in the following opinion delivered in the Circuit Court upon rendering the decree appealed from:
“ The Court finds that (in the view the Court takes of the case as it is now presented) many of the findings of the referee become immaterial, for the referee holds that the decree of foreclosure was void for want of sufficient service on the plaintiff (then defendant) to give the Court jurisdiction. • ...
‘11 entertain a different view, and hold that the decree, in the absence of fraud or mistake…
2Cases cited12 opinions
- Grignon's Lessee v. ASTORSupreme Court of the United States · 1844
- Harding v. WheatonSupreme Court of the United States · 1826
- Vattier v. HindeSupreme Court of the United States · 1833
- Hughes v. BlakeSupreme Court of the United States · 1821
- Hart v. SeixasNew York Supreme Court · 1839
7 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Huffman v. AlexanderOregon Supreme Court · 1952
- DeVall v. DeVallOregon Supreme Court · 1910
- Templeton v. BocklerOregon Supreme Court · 1914
- Walker v. GoldsmithOregon Supreme Court · 1886
- Eugene Sand & Gravel, Inc. v. City of EugeneOregon Supreme Court · 1976
28 more not listed; retrieve them via the Exa API.