Legal Opinion · Dissent

Dowell v. City of Portland

Oregon Supreme Court

Decided March 15, 1886Published

Multnomah County. Plaintiff appeals. This suit can bo maintained under the Code, p. 212, sec. 500, or under the general equity doctrines. (Stark v. Starr, 6 Wall. 402; Murphy v. Sears, 11 Or. 127; Cool-i.dge v. Fomuard, Id. 119; Teal v. Collins, 9 Id. 89; Mason v. Ayers, 28 Wis. 612; 1 High on Injunction, sec. 372; 1 Story’s Eq.

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Multnomah County. Plaintiff appeals. This suit can bo maintained under the Code, p. 212, sec. 500, or under the general equity doctrines. (Stark v. Starr, 6 Wall. 402; Murphy v. Sears, 11 Or. 127; Cool-i.dge v. Fomuard, Id. 119; Teal v. Collins, 9 Id. 89; Mason v. Ayers, 28 Wis. 612; 1 High on Injunction, sec. 372; 1 Story’s Eq. Jur., sec. 700, and notes.) A tax purchaser cannot be in any strict technical sense a bona fide purchaser, because ho has full notice of the proceedings. Such a purchaser comes strictly within the rule caveat emptor. (Boaster v. Poppleton,9 Or. 481; Lynde v.…

1DissentThayer, J.

This appeal is from a decree rendered by the circuit court for the county of' Multnomah, in favor of the respondents and against the appellant, in a suit brought by the latter against the former to enjoin the sale of lots 6 and 7, in block 182, Couch’s addition to the city of Portland, to recover certain sums of money respectively assessed upon said lots for the improvement of North Fifteenth Street in said city, under its authority to improve streets. The appellant alleged, in substance, ownership in herself in fee-simple of said lots by purchase from the heirs of John H. Couch prior to the…

2Cases cited9 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
  3. Chapman v. . the City of BrooklynNew York Court of Appeals · 1869
  4. Dougherty v. HitchcockCalifornia Supreme Court · 1868
  5. The Mayor, C., of New-York v. . ColgateNew York Court of Appeals · 1854

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