Rafferty v. Davis
Oregon Supreme Court
Statement by Mr. Justice McBride. This is an action in ejectment brought by Rachel J. Rafferty, an insane person, by A. D. Buzzard, her guardian, against A. B. Davis to recover certain lands in Union County.
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Statement by Mr. Justice McBride. This is an action in ejectment brought by Rachel J. Rafferty, an insane person, by A. D. Buzzard, her guardian, against A. B. Davis to recover certain lands in Union County. The complaint alleges that plaintiff was on the 22d day of April, 1896, duly declared insane by the county court of Union County, and committed to the Oregon State Insane Asylum; that on September 24, 1907, A. D. Buzzard was duly appointed guardian; that at all dates before mentioned, and up to the commencement of this action, plaintiff was the owner in fee and entitled to the possession…
1Opinion of the CourtJustice McBride
1. The plaintiff was the owner of the demanded premises in 1895, when the assessment or attempted assessment was made. The description, while not very definite, was perhaps sufficient to escape the censure of being entirely void. We may concede, therefore, without deciding, for the purposes of this opinion, that the land was properly described and listed for the purpose of taxation. The tax sale in question and the proceedings under it took place before the enactment of the statute of 1901 (Laws 1901, p. 242), and are to be considered in view of the laws in relation to assessments and…
2Cases cited13 opinions
- Dozier v. MitchellSupreme Court of Alabama · 1880
- Stephens v. WilliamsSupreme Court of Iowa · 1877
- Dungan v. Von PuhlSupreme Court of Iowa · 1859
- Tunis v. WithrowSupreme Court of Iowa · 1860
- Ayers v. LundOregon Supreme Court · 1907
8 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Harrison v. BirrellOregon Supreme Court · 1911
- Victor Land Co. v. WintersOregon Supreme Court · 1911
- Beaver v. DavisOregon Supreme Court · 1976
- Scholl v. BelcherOregon Supreme Court · 1912
- Callender Nav. Co. v. PomeroyOregon Supreme Court · 1912
15 more not listed; retrieve them via the Exa API.