Marquam v. Ray
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Eakin. This is an action in ejectment by P. A. Marquam, Jr., against W. H. Ray to recover lots 14, 15, and 16, block 13, Willamette addition to East Portland. Plaintiff is claiming title from Anna, Tommie, and Georgia Riley, and defendant claims title as a purchaser at a sheriff’s sale of the property for the collection of delinquent taxes.
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From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice Eakin. This is an action in ejectment by P. A. Marquam, Jr., against W. H. Ray to recover lots 14, 15, and 16, block 13, Willamette addition to East Portland. Plaintiff is claiming title from Anna, Tommie, and Georgia Riley, and defendant claims title as a purchaser at a sheriff’s sale of the property for the collection of delinquent taxes. Plaintiff in establishing Ms title, after proving record title in the Rileys, offered in evidence copies of powers of attorney, executed by each of the Rileys to J. F. Sturgeon; the power of…
1Opinion of the CourtJustice Eakin
There is but one question presented on the appeal, namely: Are the powers of attorney sufficient to authorize the deed by Sturgeon as attorney in fact for the Riley's to the plaintiff? If not, the judgment must be affirmed.
There are two serious objections to the exercise by Sturgeon at this time of the power conferred: (1) The power granted seems to have been fully exercised by him in 1900; and (2), where the time within which the power is to be exercised is not fixed in the instrument, it must be exercised within a reasonable time. Mr. Chief Justice Strahan in the case of Coulter v. Portland…
2Cases cited5 opinions
- Reese v. MedlockTexas Supreme Court · 1863
- Gouldy v. MetcalfCourt of Appeals of Texas · 1889
- Hoover v. KingOregon Supreme Court · 1903
- Sommer v. ComptonOregon Supreme Court · 1908
- Coulter v. Portland Trust Co.Oregon Supreme Court · 1891
3Cited by4 opinions
- Harris v. McPhersonSupreme Court of Connecticut · 1922
- Easter v. JohnsonCourt of Appeals of Kentucky (pre-1976) · 1927
- Milwee v. WaddletonCourt of Appeals for the Ninth Circuit · 1916
- Gagnon v. BarnesSupreme Court of Minnesota · 1923