De Laittre v. Board of Com'rs
U.S. Circuit Court for the District of Oregon
On Demurrer to Complaint. On October 2G, Í900, an application to purchase the east % of section 3G, township 24 S., range 24 E., of the Willamette Meridian, accompanied: by an affidavit, both purporting to have been signed by one George P. Cook, and the latter to have been verified before H. H. Turner, a notary public, was filed with the clerk of the board of commissioners for the sale of school and university lands, and for the investment of the funds arising therefrom, of…
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On Demurrer to Complaint. On October 2G, Í900, an application to purchase the east % of section 3G, township 24 S., range 24 E., of the Willamette Meridian, accompanied: by an affidavit, both purporting to have been signed by one George P. Cook, and the latter to have been verified before H. H. Turner, a notary public, was filed with the clerk of the board of commissioners for the sale of school and university lands, and for the investment of the funds arising therefrom, of the state of Oregon, whereupon, 20 per cent, of the purchase price having been paid, a certificate of sale, numbered…
1Opinion of the CourtWolvfrton, District Judge
(after stating the facts). This suit is instituted upon one of many certificates of sale, issued under similar *802circumstances and conditions, to test the legality of the acts of the board of commissioners in canceling the certificates and refusing to execute deeds in pursuance thereof. The case, like that of Pennoyer v. McConnaughy, 140 U. S. 1, 11 Sup. Ct. 699, 35 L. Ed. 363, is not nominally against the Governor, Secretary, and Treasurer as such officers, but against them collectively as the board of commissioners. It is the doctrine of that case, supported by others that have preceded it in…
2Cases cited26 opinions
- Hans v. LouisianaSupreme Court of the United States · 1890
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Davis v. GraySupreme Court of the United States · 1873
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- Knight v. United States Land Assn.Supreme Court of the United States · 1891
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3Cited by2 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
- Banzhaf Banzhaf v. Swan Co.Wyoming Supreme Court · 1944