Gilmore v. Taylor
Oregon Supreme Court
Appeal from Yamhill County. This is a possessory action to recover an undivided eighth of the parcel of land described in the complaint. The answer denies the plaintiff’s allegations of title, and sets up title in the defendant Richard Philips. The plaintiff claims title as heir of John Monroe, deceased, and the defendant claims that he has acquired title through a sale made by the administrator of the estate of said John Monroe, in the regular course of administration.
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Appeal from Yamhill County. This is a possessory action to recover an undivided eighth of the parcel of land described in the complaint. The answer denies the plaintiff’s allegations of title, and sets up title in the defendant Richard Philips. The plaintiff claims title as heir of John Monroe, deceased, and the defendant claims that he has acquired title through a sale made by the administrator of the estate of said John Monroe, in the regular course of administration. By consent, the cause was tried without a jury, and it was admitted, on the trial, that the plaintiff is heir, as alleged,…
1Opinion of the Court
By the Court,
Upton, C. J.:
The record in this cause contains several assignments of error, but the only point necessary to be considered relates *91to the rulings of the court in permitting the order of sale and the decree of confirmation, made in the County Court, to be used as evidence, and refusing to permit the residue of the same record to be introduced.
In case of a sale under a decree of the Circuit Court, the proof, preliminary to the introduction of the execution and sheriff’s deed, is the summons and proof of service, the pleadings and the judgment entry; or, in other words, the…
2Cases cited2 opinions
- Wilson v. ConineNew York Supreme Court · 1807
- Winans v. DunhamNew York Supreme Court · 1830
3Cited by2 opinions
- Mayer v. BrensingerIllinois Supreme Court · 1899
- In Re Complaint as to the Conduct of NussOregon Supreme Court · 2003