Budd v. Gallier
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice Bean. This is a suit for an injunction by J. Danly Budd against Stephen G-allier, as sheriff, and W. B. Andrews. On June 15, 1892, W. B. Andrews recovered judgment for $213.40 against W. L. Dysinger in the circuit court'for Lane County.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice Bean. This is a suit for an injunction by J. Danly Budd against Stephen G-allier, as sheriff, and W. B. Andrews. On June 15, 1892, W. B. Andrews recovered judgment for $213.40 against W. L. Dysinger in the circuit court'for Lane County. In June. 1902, Dysinger filed his sworn statement or application in the United States Land Office at Boseburg for the purchase of 160 acres of public land in Coos County, under the act of Congress of June 3, 1878 (20 Stat. at Large, p. 89, c. 151: 7 Fed. Stat. Ann. 300: U. S. Comp. St. 1901,…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. The principal question for decision is whether the judgment of Andrews against Dysinger was a lien upon the property in controversy at the time of the conveyance to the plaintiff. The statute provides:
• “From the date of docketing a judgment * * such 'judgment shall be a lien upon all the real property of the defendant *44within the county or counties where the same is docketed, or which he may afterwards acquire therein, during the time an execution may issue thereon”: B. & C. Comp. § 205.
The contention for the plaintiff is that “real property,” within the…
2Cases cited15 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Deffeback v. HawkeSupreme Court of the United States · 1885
- Witherspoon v. DuncanSupreme Court of the United States · 1867
- Carroll v. SaffordSupreme Court of the United States · 1845
- Cornelius v. KesselSupreme Court of the United States · 1888
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