Clark v. Bayley
Oregon Supreme Court
Appeal from Benton County. This was originally an action of ejectment,' instituted by the respondent Bayley against the appellants Clark and Chambers, to recover about fifty-three acres of land situated in Benton County, Oregon.
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Appeal from Benton County. This was originally an action of ejectment,' instituted by the respondent Bayley against the appellants Clark and Chambers, to recover about fifty-three acres of land situated in Benton County, Oregon. The appellants filed an answer to the complaint in ejectment, and at the same time filed a complaint in equity in the nature of a cross-bill, under § 377 of the Civil Code, praying that they be declared the equitable owners of the premises in question, and that respondent Bayley be enjoined from prosecuting his action of ejectment. On the 19th of January, 1872, one…
1Opinion of the Court
By the Court,
Shattuck, J.:
Two questions are presented for examination and decision in this case:
First. Did Clark and Chambers acquire any title to the premises in controversy by virtue of the sales upon execu*345tion and the sheriff’s deeds described in the agreed statement of facts ?•
Second. Are the appellants (Clark and Chambers) entitled, upon the admitted facts, to equitable relief?
It should be stated, before considering these questions, that one of the grounds of equity set up in the complaint, that is, the alleged fraud of the respondent in taking the deed of the property in controversy…
2Cases cited1 opinion
- Saint Peter Co. v. BunkerSupreme Court of Minnesota · 1861
3Cited by22 opinions
- Faull v. CookeOregon Supreme Court · 1890
- Ford v. FordSouth Dakota Supreme Court · 1910
- Doran v. KennedySupreme Court of Minnesota · 1913
- Adams v. ChurchOregon Supreme Court · 1902
- Armstrong v. HendersonIdaho Supreme Court · 1909
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