Municipal Security Co. v. Baker County
Oregon Supreme Court
From Baker : Robert Eakin, Judge. This is a suit by the Municipal Security Company, a private corporation, of Portland, Maine, against Baker County and its judge and commissioners, to rescind the sale of certain personal and real property, to establish a trust therein, and to compel the county to deliver the former and to convey an undivided interest in the latter to the plaintiff.
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From Baker : Robert Eakin, Judge. This is a suit by the Municipal Security Company, a private corporation, of Portland, Maine, against Baker County and its judge and commissioners, to rescind the sale of certain personal and real property, to establish a trust therein, and to compel the county to deliver the former and to convey an undivided interest in the latter to the plaintiff. The facts, as detailed by the complaint, áre that on July 13, 1891, G. D. Barnard & Company delivered to said county certain shelving now in the vaults of its court-house, for which it issued to them a county…
1Opinion of the CourtJustice Moore
1. The trial court, in rendering the decree complained of, held, as we understand, that the statute of limitations had run against the right to recover the shelving, and that the demand for a reconveyance of the land could not be split up, assuming that the remaining warrants issued for the purchase price were outstanding ; but, if paid, that the organic law of the state, Art. XI, § 9, prohibited the county from becoming a tenant in common in respect to the ownership of the land. When the constitutional limit of a county’s indebtedness has been reached, its capacity to make contracts is…
2Cases cited9 opinions
- Hitchcock v. GalvestonSupreme Court of the United States · 1878
- Parkersburg v. BrownSupreme Court of the United States · 1883
- Chapman v. County of DouglasSupreme Court of the United States · 1883
- Bass Foundry v. Board of CommissionersIndiana Supreme Court · 1888
- Manchester & Lawrence Railroad v. Concord RailroadSupreme Court of New Hampshire · 1889
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- Appeal of KliksOregon Supreme Court · 1937
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