Bowsman v. Anderson
Oregon Supreme Court
From Grant: George E. Davis, Judge. Statement by Mr. Justice Bean. This is a suit commenced by George Austin Bowsman, a minor, by Arizona McLellan, his guardian ad litem, in the circuit court for Grant County, against George W. Anderson and F. S. Slater, to set aside a judgment and deed as a cloud upon his title to certain real property, on the ground that the apparent title of the defendants is fraudulent and void. From a decree in favor of defendants, plaintiff appeals.
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From Grant: George E. Davis, Judge. Statement by Mr. Justice Bean. This is a suit commenced by George Austin Bowsman, a minor, by Arizona McLellan, his guardian ad litem, in the circuit court for Grant County, against George W. Anderson and F. S. Slater, to set aside a judgment and deed as a cloud upon his title to certain real property, on the ground that the apparent title of the defendants is fraudulent and void. From a decree in favor of defendants, plaintiff appeals. According to the statement in the complaint, the plaintiff is the owner in fee simple of the E. 1/2 of the S. W. 14 of…
1Opinion of the CourtJustice Bean
1, 2. It is contended on the part of defendants that the complaint is insufficient, and that the court has no jurisdiction of the subject of the suit, for the reason that the complaint does not show that the land is not in the possession of another.
In Maxwell v. Frazier, 52 Or. 183, at page 188 (96 Pac. 548, at page 550: 18 L. R. A. [N. S.] 102), Mr. Justice Eakin said:
“In several cases in this court, it has been held that the defendant had waived his right to object to the jurisdiction of the court when he had answered, without objection, to the jurisdiction, and had claimed affirmative…
2Cases cited23 opinions
- Marine Ins. Co. of Alexandria v. HodgsonSupreme Court of the United States · 1813
- Reynes v. DumontSupreme Court of the United States · 1889
- Brown v. County of Buena VistaSupreme Court of the United States · 1877
- O'Hara v. ParkerOregon Supreme Court · 1895
- Hendrickson v. HinckleySupreme Court of the United States · 1855
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3Cited by21 opinions
- Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
- Mattoon v. ColeOregon Supreme Court · 1943
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Latham v. McClennyArizona Supreme Court · 1930
- Hudson v. GoldbergOregon Supreme Court · 1927
16 more not listed; retrieve them via the Exa API.