Harter v. Cone
Oregon Supreme Court
From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice Bean. This is an action in ejectment by John B. Harter against W. S. Cone for the possession of lots 3 and 4, block 9, and lots 7 and 8, block 4, Fuller’s Addition to the town of Bay City, Oregon. The cause was tried by the court without the intervention of a jury, and findings made in favor of defendant, and from a judgment thereon plaintiff appeals.
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From Tillamook: George H. Burnett, Judge. Statement by Mr. Justice Bean. This is an action in ejectment by John B. Harter against W. S. Cone for the possession of lots 3 and 4, block 9, and lots 7 and 8, block 4, Fuller’s Addition to the town of Bay City, Oregon. The cause was tried by the court without the intervention of a jury, and findings made in favor of defendant, and from a judgment thereon plaintiff appeals. The complaint alleges the ownership in fee simple of plaintiff, Harter, to the lots, and that he is entitled to the immediate possession thereof, the wrongful entry thereon of…
1Opinion of the CourtJustice Bean
Plaintiff assigns as error, in effect, that the deeds issued for the sale of the lots for the taxes of 1904 are void for the reason that prior to the issuance thereof he tendered to the defendant the amount of the taxes and all expenses, interest, and costs mentioned therein; that the sale of the lots for the 1901 taxes is void for1 the reason that the warrant by the authority of which they were sold authorized the sheriff to sell goods and chattels only, and extended to him no authority to sell real estate; that no finding was made by the trial court to the effect that defendant had been in…
2Cases cited16 opinions
- Groesbeck v. SeeleyMichigan Supreme Court · 1865
- Dingey v. PaxtonMississippi Supreme Court · 1883
- Breaux v. NegrottoSupreme Court of Louisiana · 1891
- Martin v. WhiteOregon Supreme Court · 1909
- Rafferty v. DavisOregon Supreme Court · 1909
11 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
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- Miller v. SorensonSupreme Court of The Virgin Islands · 2017
- National Surety Corp. v. SmithOregon Supreme Court · 1941