Leinenweber v. Brown
Oregon Supreme Court
Clatsop County: Thos. A. McBride, Judge. This is a suit in equity by Mary H. Leinenweber and F. J. Goodenough against Hiram Brown and H. A. Smith, sheriff of Clatsop County, to set aside a sale of real property made under an execution issued on a decree of foreclosure, and comes here on appeal from a decree of the court below sustaining a demurrer to the complaint and dismissing the suit.
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Clatsop County: Thos. A. McBride, Judge. This is a suit in equity by Mary H. Leinenweber and F. J. Goodenough against Hiram Brown and H. A. Smith, sheriff of Clatsop County, to set aside a sale of real property made under an execution issued on a decree of foreclosure, and comes here on appeal from a decree of the court below sustaining a demurrer to the complaint and dismissing the suit. The material allegations of the complaint are that on the second of March, 1885, the plaintiff, Mary H. Leinenweber, being the owner of all the Powers donation land claim in Clatsop County (except one…
1Opinion of the CourtJustice Bean
1. It is manifest the complaint does not state facts sufficient to constitute a cause of suit, and the demurrer was properly sustained. It is sought by this suit to set aside an execution sale of real property, on the ground of inadequate price and irregularities in the proceedings subsequent to the decree upon which the sale was made. The allegation that the defendant Brown had knowledge of and participated in the proceedings with the purpose of obtaining the land at an inadequate and unfair price, is too vague and uncertain to charge fraud; and, besides, the complaint does not show that the…
2Cases cited4 opinions
- Dolph v. BarneyOregon Supreme Court · 1874
- McRae v. DavinerOregon Supreme Court · 1879
- Mathews v. EddyOregon Supreme Court · 1872
- Wright v. YoungOregon Supreme Court · 1876
3Cited by11 opinions
- Churchill v. MeadeOregon Supreme Court · 1919
- Willamette Real Estate Co. v. HendrixOregon Supreme Court · 1895
- Radtke v. TaylorOregon Supreme Court · 1922
- Otis Bros. & Co. v. NashWashington Supreme Court · 1901
- Schwartz v. GerhardtOregon Supreme Court · 1904
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