Nickum v. Gaston
Oregon Supreme Court
Multnomah County: E. D. Shattuck, Judge. This action was originally commenced by J. M. Nickum on the fifteenth day of October, 1891, against Walter Danvers and Isabella Danvers to recover the possession of the northeast fractional quarter of section twenty, township one south, of range two east, containing one hundred and fifty-eight acres of land more or less. The complaint was in the usual form.
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Multnomah County: E. D. Shattuck, Judge. This action was originally commenced by J. M. Nickum on the fifteenth day of October, 1891, against Walter Danvers and Isabella Danvers to recover the possession of the northeast fractional quarter of section twenty, township one south, of range two east, containing one hundred and fifty-eight acres of land more or less. The complaint was in the usual form. Tiny Gaston filed a petition claiming that Walter Danvers and Isabella Danvers were tenants of hers as to all of said land except thirty acres in a square form in the northeast corner thereof, and…
1Opinion of the CourtJustice Bean
1. The law is well settled that a mortgagor, or his successor in interest, remaining in possession of the land, cannot permit the mortgaged property to be sold for taxes, and become the purchaser thereof, either directly or through the agency of another, for the purpose of cutting off a prior lien. He is under a legal obligation to pay the taxes, and cannot, by neglecting to perform this duty, and suffering the land to be sold in consequence of such neglect, add to or strengthen his title by purchasing at the sale himself, or by subsequently buying from a stranger who purchased thereat. By…
2Cases cited10 opinions
- Connecticut Mutual Life Insurance v. BulteMichigan Supreme Court · 1881
- McMahon v. McGrawWisconsin Supreme Court · 1870
- Christy v. FisherCalifornia Supreme Court · 1881
- Van Shaack v. RobbinsSupreme Court of Iowa · 1873
- Bassett v. WelchWisconsin Supreme Court · 1867
5 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- State v. OsborneOregon Supreme Court · 1909
- Mount v. WelshOregon Supreme Court · 1926
- Farmers' National Bank v. WoodellOregon Supreme Court · 1900
- Carney v. DuniwayOregon Supreme Court · 1899
- Durkee v. CarrOregon Supreme Court · 1900
22 more not listed; retrieve them via the Exa API.