Nickum v. Gaston
Oregon Supreme Court
Appeal from Multnomah: E. B. Shattuck, Judge. This action was commenced in October, eighteen hundred and ninety-one, by J. M. Nickum against Tiny Gaston to recover possession of the northeast quarter of section twenty, township one south, range two east, in Multnomah County.
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Appeal from Multnomah: E. B. Shattuck, Judge. This action was commenced in October, eighteen hundred and ninety-one, by J. M. Nickum against Tiny Gaston to recover possession of the northeast quarter of section twenty, township one south, range two east, in Multnomah County. It has been in this court before on appeal from a judgment awarding the land to plaintiff: Nickum v. Gaston, 24 Or. 391. On a second trial the verdict and judgment were for defendant, and we now have the case on plaintiff’s appeal. The record is voluminous, and contains many assignments of error, but it is thought…
1Opinion of the Court
©pinion by
Mr. Chief Justice Bean.
*325Unless the record shows error affecting the question whether in fact Miss Gaston paid the taxes on this land before it was sold, the judgment must be affirmed, although the court may have erred in other respects, Plaintiff’s title rested wholly upon the tax deed to Brown, and if there was competent evidence given on the trial from which the jury found that the tax had been paid prior to the sale, and there was no error in admitting testimony on this question, or in instructing the jury in relation thereto, the judgment cannot be disturbed; for, if the taxes…
2Cases cited5 opinions
- Adams v. BealeSupreme Court of Iowa · 1865
- Hammond v. HanninMichigan Supreme Court · 1870
- McDonough v. Jefferson CountyTexas Supreme Court · 1891
- Davis v. HareSupreme Court of Arkansas · 1877
- Iowa Railroad Land v. GuthrieSupreme Court of Iowa · 1880
3Cited by6 opinions
- Evans v. HallasArizona Supreme Court · 1946
- Crossen v. OliverOregon Supreme Court · 1900
- Kirchner v. ClostermannOregon Supreme Court · 1931
- Anderson v. EischenCourt of Appeals for the Ninth Circuit · 1926
- Hiott v. CochranSupreme Court of South Carolina · 1948
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