Ayers v. Lund
Oregon Supreme Court
From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Eakin. _ This is a suit to quiet title brought by S. N. Ayers and others against O. O. Lund. Elizabeth Ayers, through whom the plaintiffs claim, was the owner of the property in question during the year 1898, and it was assessed to her for taxation for that year.
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From Josephine: Hiero K. Hanna, Judge. Statement by Mr. Justice Eakin. _ This is a suit to quiet title brought by S. N. Ayers and others against O. O. Lund. Elizabeth Ayers, through whom the plaintiffs claim, was the owner of the property in question during the year 1898, and it was assessed to her for taxation for that year. The answer as a defense alleges that, the tax thereon being delinquent, the sheriff on October 23, 1899, sold the same to Josephine Countjr by authority of the delinquent tax warrant for the amount of said taxes, $8.35, and thereafter, on July 14, 1902, sold to defendant…
1Opinion of the Court
Opinion by
Mr. Justice Eakin.
1. Defendant assigns as error the act of the court in vacating the decree and permitting further testimony to be offered. The proceedings of the court remain in the breast of the judge until the close of the term, during which time the court has inherent right to correct, modify or vacate its decree, and its action in such a case will not be disturbed on appeal except for an abuse of discretion, which does not appear here: Deering v. Quivey, 26 Or. 556, 557 (38 Pac. 710).
» 2. It is also claimed that the court erred in finding that the tax sale is void for want of a…
2Cases cited9 opinions
- Marx v. HanthornSupreme Court of the United States · 1893
- Deering v. QuiveyOregon Supreme Court · 1895
- Stanley v. SmithOregon Supreme Court · 1887
- Strode v. WasherOregon Supreme Court · 1888
- Bays v. TrulsonOregon Supreme Court · 1893
4 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Far West Landscaping, Inc. v. Pacific Cascade Corp.Oregon Supreme Court · 1979
- Hudelson v. Sanders-Swafford Co.Oregon Supreme Court · 1924
- First Christian Church v. RobbOregon Supreme Court · 1914
- Rafferty v. DavisOregon Supreme Court · 1909
- Koennecke v. KoenneckeOregon Supreme Court · 1964
13 more not listed; retrieve them via the Exa API.