Talbot v. Cook
Oregon Supreme Court
From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice Burnett. This is a suit by Ella Talbot against Vincent Cook. The complaint was framed for the purpose of determining an adverse claim, interest, or estate of the defendant in the tract of land in question, and to quiet the title of plaintiif therein, pursuant to Section 516, B. & C. Comp.
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From Multnomah: Thomas O’Day, Judge. Statement by Mr. Justice Burnett. This is a suit by Ella Talbot against Vincent Cook. The complaint was framed for the purpose of determining an adverse claim, interest, or estate of the defendant in the tract of land in question, and to quiet the title of plaintiif therein, pursuant to Section 516, B. & C. Comp. The answer denies the title of the plaintiif, and on behalf of the defendant claims to deraign title for him by virtue of the foreclosure of a mortgage upon the premises in question given by the mother of the plaintiif, through whom the plaintiif…
1Opinion of the CourtJustice Burnett
1. It appears in the evidence, and was virtually conceded at the hearing in this court that the sheriff’s sale in pursuance of the decree of foreclosure was made June 10, 1895, and was confirmed June 26, 1895, and, further, that a subsequent sheriff, on July 11, 1901, made, executed, and delivered to the then holder of the certificate of sale, from whom the defendant derives title, a *537sheriff’s deed in due form of law, conveying to the holder of the certificate the premises in question, so far as he might lawfully do, by virtue of the proceedings had in the foreclosure suit.
The principal…
2Cases cited8 opinions
- Swift v. MulkeyOregon Supreme Court · 1886
- Jasperson v. ScharnikowCourt of Appeals for the Ninth Circuit · 1907
- Altschul v. O'NeillOregon Supreme Court · 1899
- Ryhiner v. FrankIllinois Supreme Court · 1883
- Hintrager v. TrautSupreme Court of Iowa · 1886
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chapman v. DeanOregon Supreme Court · 1911
- Merrifield v. BucknerNew Mexico Supreme Court · 1937
- Drury Et Ux v. PekarOregon Supreme Court · 1960
- Thomas v. SpencerOregon Supreme Court · 1913
- Yaquina Bay Timber & Logging Co. v. Shiny Rock Mining Corp.Oregon Supreme Court · 1976
4 more not listed; retrieve them via the Exa API.