Starkey v. Lunz
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Frank F. Starkey against James H. Lunz, to determine an adverse interest in 160 acres of land in Douglas County, the complaint being in the usual form.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Moore. This is a suit by Frank F. Starkey against James H. Lunz, to determine an adverse interest in 160 acres of land in Douglas County, the complaint being in the usual form. The answer denies the material averments of the complaint, and alleges that on August 19, 1904, John Brown was the owner of the real property in controversy, and, being indebted to David H. Lawrence, the latter commenced an action against him in the circuit court for the above-named county, and, having made and filed the necessary affidavit for an…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
The plaintiff asserts title from Brown by a subsequent attachment of the land, a judgment, a sale, and a sheriff’s deed, and by a deed from such former owner. It is maintained that in the action instituted by Lawrence the writ of attachment was void,, and that as Brown was not a resident of Oregon, nor found therein, and did not appear or answer in that action, the judgment directing a sale of the premises was rendered without jurisdiction, and, such being the case, an error was committed in dismissing the suit.
1. The defect which, it is insisted, makes the…
2Cases cited8 opinions
- Choate v. SpencerMontana Supreme Court · 1893
- State v. DavisIndiana Supreme Court · 1881
- Insurance Co. v. HallockSupreme Court of the United States · 1868
- Murdough v. McPherrinSupreme Court of Iowa · 1878
- Shaffer v. SundwallSupreme Court of Iowa · 1871
3 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
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