Legal Opinion

Duniway v. Cellars-Murton Co.

Oregon Supreme Court

Decided January 29, 1919Published

From. Multnomah.: Edwin Y. Littlefield, Judge. This is a motion to dismiss an appeal. The facts are these: Certain property of the appellant valued at $750. which was included in a sewer assessment made by the City of Portland, said assessment amounting to $74.07. In January, 1915, said assessment being unpaid and delinquent, the city treasurer in compliance with the' charter and ordinances of the City of Portland, sold the property to respondent for the sum of $84.60 and…

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From. Multnomah.: Edwin Y. Littlefield, Judge. This is a motion to dismiss an appeal. The facts are these: Certain property of the appellant valued at $750. which was included in a sewer assessment made by the City of Portland, said assessment amounting to $74.07. In January, 1915, said assessment being unpaid and delinquent, the city treasurer in compliance with the' charter and ordinances of the City of Portland, sold the property to respondent for the sum of $84.60 and issued a certificate of sale of said property; thereupon appellant claiming that the assessment and sale were invalid…

1Opinion

Reversed March 25, rehearing denied April 22, 1919.

On the Merits.

(179 Pac. 561.)

Department 2.

This is a suit to quiet title to Lot' 3, Block 3, including one half of vacated street east of and adjoining Block 3,. Norton’s subdivision of Lot 10, Town of Wayne, in the City of Portland, Oregon. Prom a decree in favor of defendant, plaintiff appeals.

The complaint- is in the usual form. Defendant answered, claiming an interest in the real property ad*117verse to plaintiff to the extent, that the City of Portland, pursuant to its charter, improvement Code and ordinances, constructed a sewer known as the…

2Cases cited14 opinions

  1. Carpenter v. Board of County Com'rsSupreme Court of Minnesota · 1894
  2. Savage v. SavageOregon Supreme Court · 1908
  3. In Matter of Petition of CheesebroughNew York Court of Appeals · 1879
  4. Matter of RhinelanderNew York Court of Appeals · 1877
  5. Fraser v. PortlandOregon Supreme Court · 1916

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