Legal Opinion

Brand v. Baker

Oregon Supreme Court

Decided January 26, 1903PublishedCited by 11 opinions

From Multnomab: Arthur L. Frazer, Judge. This is an appeal from an order vacating a sale under a writ of execution. Plaintiff is a resident of Scotland, but owns real estate in Portland. Maemaster & Birrell, of that city, are, and for many years have been, his agents, having the entire control and management of his property and business affairs therein.

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From Multnomab: Arthur L. Frazer, Judge. This is an appeal from an order vacating a sale under a writ of execution. Plaintiff is a resident of Scotland, but owns real estate in Portland. Maemaster & Birrell, of that city, are, and for many years have been, his agents, having the entire control and management of his property and business affairs therein. In 1899 they employed Miller Murdock, an attorney of this court, to commence an action in the name of their principal against the defendants for the use and occupation of real property belonging to him. Upon the trial of the action on February…

1Opinion of the CourtJustice Bean

The court approaches the examination of the questions involved on this appeal unembarrassed by the consideration that its decision will affect the title to the land sold «under the execution issued on the judgment in favor of the defendants and against the plaintiff. The redemption, on December 31, 1901, by Murdock, for and on behalf of the plaintiff, operated as a termination of the effect of the sale or a payment and satisfaction of the judgment (B. & C. Comp. § 250), so that, whatever conclusion we may reach, it will not result in the title to real property of the value of $30,000 passing…

2Cases cited11 opinions

  1. Deering v. QuiveyOregon Supreme Court · 1895
  2. Flanders v. AumackOregon Supreme Court · 1897
  3. Cartwright v. SavageOregon Supreme Court · 1875
  4. Schobacher v. Germantown Farmers' Mutual InsuranceWisconsin Supreme Court · 1883
  5. Settlemire v. NewsomeOregon Supreme Court · 1882

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

3Cited by11 opinions

  1. Grover v. HawthorneOregon Supreme Court · 1911
  2. Sekermestrovich v. State Accident Insurance FundOregon Supreme Court · 1977
  3. Lothstein v. FitzpatrickOregon Supreme Court · 1943
  4. Longyear v. EdwardsOregon Supreme Court · 1959
  5. Carlson v. Bankers Discount Corp.Oregon Supreme Court · 1923

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

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