Legal Opinion

Mascall v. Murray

Oregon Supreme Court

Decided June 8, 1915PublishedCited by 23 opinions

From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Harris. This is a suit by W. B. Mascall and Annie Jackson against Alexander Murray, Jennie Murray, Adam Murray, William Murray and Malcolm Moody to quiet title to land which is referred to in the record as the Cupp ranch and is described as follows: The southeast quarter of the northwest quarter, the east half of the southwest quarter and the southwest quarter of the southwest quarter, section 3, the east…

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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Mr. Justice Harris. This is a suit by W. B. Mascall and Annie Jackson against Alexander Murray, Jennie Murray, Adam Murray, William Murray and Malcolm Moody to quiet title to land which is referred to in the record as the Cupp ranch and is described as follows: The southeast quarter of the northwest quarter, the east half of the southwest quarter and the southwest quarter of the southwest quarter, section 3, the east half of the northeast quarter of section 9, and the southeast quarter of the southeast quarter of section 4, in township…

1Opinion of the CourtJustice Harris

It will he observed that the plaintiffs in this suit held a promissory note signed by the Murrays, and that this note was reduced to the form of a judgment eight days before the partners made an assignment for the benefit of their creditors. The plaintiffs claim that an execution was issued on the judgment, and that thereafter they purchased the land at a sheriff’s sale, received a certificate of sale, and took immediate possession. They take the position that their uninterrupted adverse possession has ripened into an absolute title. They also contend that long-continued acquiescence by the…

2Cases cited42 opinions

  1. Savage v. SavageOregon Supreme Court · 1908
  2. Faull v. CookeOregon Supreme Court · 1890
  3. Kaston v. StoreyOregon Supreme Court · 1905
  4. Fallon v. WorthingtonSupreme Court of Colorado · 1889
  5. Neal v. DavisOregon Supreme Court · 1909

37 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Faulconer v. WilliamsOregon Supreme Court · 1998
  2. ROHNER ET UX v. NevilleOregon Supreme Court · 1961
  3. Woll v. CostellaIdaho Supreme Court · 1938
  4. Reitz v. CooperSupreme Court of Kansas · 1927
  5. Stamm v. WoodOregon Supreme Court · 1917

18 more not listed; retrieve them via the Exa API.

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