Barnes v. Esch
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Moore. This suit was instituted by Grace D. Barnes against Wm. Escb, tbe then sheriff of Marion County, Oregon, and A. B. Spencer to enjoin tbe sale of real property upon execution, to recover from Spencer $60,000 as damages for bis alleged interference witb ber lands, and to offset that sum against a judgment wbicb Spencer obtained against ber husband, L. S. Barnes.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Moore. This suit was instituted by Grace D. Barnes against Wm. Escb, tbe then sheriff of Marion County, Oregon, and A. B. Spencer to enjoin tbe sale of real property upon execution, to recover from Spencer $60,000 as damages for bis alleged interference witb ber lands, and to offset that sum against a judgment wbicb Spencer obtained against ber husband, L. S. Barnes. Tbe complaint charges in effect that by consideration of tbe Superior Court of Los Angeles County, California, Spencer secured a judgment against Mr. Barnes for…
1Opinion of the Court
. Mr. Justice Moore
delivered the opinion of the court.
A statement in the brief of plaintiff, reads:
“This is a suit to enjoin a continuing trespass and to secure a setoff of a claim for damages against a judgment obtained against plaintiff’s husband, L. S. Barnes, by fraud, deceit and false testimony, which said defendant Spencer attempted to enforce by execution and levy against a large amount of property in Marion and Clackamas Counties owned by the plain- - tiff.”
1-3. In Bileu v. Paisley, 18 Or. 47, 49 (21 Pac. 934, 4 L. R. A. 840), Mr. Chief Justice Thayer referring to 3 Blackstone’s Com.…
2Cases cited30 opinions
- North Chicago Rolling Mill Co. v. St. Louis Ore & Steel Co.Supreme Court of the United States · 1894
- Savage v. SavageOregon Supreme Court · 1908
- Bishop v. BaisleyOregon Supreme Court · 1895
- Kitcherside v. MyersOregon Supreme Court · 1881
- Mendenhall v. Harrisburg Water Co.Oregon Supreme Court · 1895
25 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Mills v. LiquidatorsOregon Supreme Court · 1956
- Boulevard Drainage System v. GordonOregon Supreme Court · 1919
- Norwood v. Eastern Oregon Land Co.Oregon Supreme Court · 1924
- Harvey v. CampbellOregon Supreme Court · 1922