Kirk v. Mullen
Oregon Supreme Court
From Marion: George G. Bingham, Judge. Department 1. This is a suit to remove an alleged cloud on the title of plaintiff to certain real property claimed by plaintiff, and to have declared void a judgment and sale of the premises whereby the defendants claim title, also to have set aside and declared void a decree in a registration proceeding whereby defendants claim that their title has been confirmed.
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From Marion: George G. Bingham, Judge. Department 1. This is a suit to remove an alleged cloud on the title of plaintiff to certain real property claimed by plaintiff, and to have declared void a judgment and sale of the premises whereby the defendants claim title, also to have set aside and declared void a decree in a registration proceeding whereby defendants claim that their title has been confirmed. The facts as alleged in the complaint and disclosed in the pleadings are as follows: On January 26, 1903, the plaintiff, being then a minor, was the owner of about twenty acres of land in…
1Opinion of the CourtMcBRIDE, J.
1. The judgment, attachment, and sale of plaintiff’s land upon the action brought by Schwarz & Sons were without jurisdiction, and were absolutely void. In the first place, there is not, in the common law or in the statutes, any provision that permits a guardian of a minor to contract a debt which will bind the ward personally or at law. Nor, with the exception of Section 1328, Or. L., which permits the guardian to mortgage the land of his ward for certain purposes, is there any provision whereby the guardian is authorized to enter into any contract which will bind the ward’s estate in the…
2Cases cited15 opinions
- Thacher v. DinsmoreMassachusetts Supreme Judicial Court · 1809
- Rollins v. MarshMassachusetts Supreme Judicial Court · 1880
- Johnson v. ColemanWisconsin Supreme Court · 1868
- Sturgis v. SturgisOregon Supreme Court · 1908
- United States Mortgage Co. v. SperrySupreme Court of the United States · 1891
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Kozdras v. Land/Vest Properties, Inc.Massachusetts Supreme Judicial Court · 1980
- Konantz v. SteinSupreme Court of Minnesota · 1969
- Tibbals v. GrahamWyoming Supreme Court · 1936
- Kowalke v. EvernhamSupreme Court of Iowa · 1930
- Couey v. Talalah Estates Corp.Supreme Court of Georgia · 1936
8 more not listed; retrieve them via the Exa API.