Richards v. Mohr
Oregon Supreme Court
From Wasco: William L. Bradshaw, Judge. In Banc. Statement by Mr. Justice Moore. This suit was commenced April 11, 1913, by "William D. Richards against A. W. Mohr and Levi Chrisman, to compel the acceptance of a sum of money in full payment of taxes'levied on real property and to .enjoin the sale of the premises.
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From Wasco: William L. Bradshaw, Judge. In Banc. Statement by Mr. Justice Moore. This suit was commenced April 11, 1913, by "William D. Richards against A. W. Mohr and Levi Chrisman, to compel the acceptance of a sum of money in full payment of taxes'levied on real property and to .enjoin the sale of the premises. The complaint charges generally that the plaintiff is the owner of 538 acres of land in Wasco County, Oregon, particularly describing the real estate; that such property was regularly assessed for the year 1912, and the total tax levied thereon for all purposes was only $145.47;…
1Opinion of the CourtJustice Moore
1. A cloud on a title to real property is created by an attempted conveyance thereof by a stranger or an apparent lien imposed thereon in invitum, which, if valid, would impair the owner’s estate in the premises, but which grant or encumbrance can be shown by extrinsic evidence to be void or inapplicable to the estate in question. A suit to remove such cloud is an endeavor in a court of equity to have declared invalid a seemingly operative instrument, decree, judgment or other proceeding, the weakness of which cannot be disclosed from mere inspection, but recourse must be had to evidence…
2Cases cited6 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Kalyton v. KalytonOregon Supreme Court · 1903
- McLeod v. LloydOregon Supreme Court · 1903
- Moores v. Clackamas CountyOregon Supreme Court · 1902
- Teal v. CollinsOregon Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cosper v. the Valley BankArizona Supreme Court · 1925
- Allman v. AllmanCourt of Appeals of Oregon · 2021
- Anderson v. GuentherOregon Supreme Court · 1933