Mount v. McAulay
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Justioe Bean. This suit was commenced in June, 1905, by .Elsie L. Mount against Robert McAulay and others to remove a cloud from title caused by a tax deed, and comes here on appeal from a decree entered on a demurrer to the complaint, which avers that from 1893 to the 16th day of April, 1895, L. 0. Stearns was the owner of the premises in controversy, except a right of way 100 feet wide over and across the same, owned and…
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From Baker: Samuel White, Judge. Statement by Mr. Justioe Bean. This suit was commenced in June, 1905, by .Elsie L. Mount against Robert McAulay and others to remove a cloud from title caused by a tax deed, and comes here on appeal from a decree entered on a demurrer to the complaint, which avers that from 1893 to the 16th day of April, 1895, L. 0. Stearns was the owner of the premises in controversy, except a right of way 100 feet wide over and across the same, owned and occupied by the Oregon Railway & Navigation Co., for railroad purposes; that prior to the 1st day of March, 1895, Martha…
1Opinion of the CourtChief Justice BeaN
1. It is admitted by the defendants, if we understand their position, that the allegations of the complaint are sufficient, if true, to avoid the tax sale and deed. Their contention, however, is that, if the tax deed, as plaintiff claims, is void on its face, it does not create such a cloud on the title of the plaintiff as will be relieved against by a court of equity; aiid that, if it is not so void, this suit is barred by the short statute of limitations. The fact that a deed or instrument purporting to convey real estate is void on its face is no objection to the interposition of a court…
2Cases cited8 opinions
- Farrar v. ClarkIndiana Supreme Court · 1882
- George v. NowlanOregon Supreme Court · 1901
- Moores v. Clackamas CountyOregon Supreme Court · 1902
- Kraus v. MontgomeryIndiana Supreme Court · 1888
- Bowen v. StrikerIndiana Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Munson v. MarksSupreme Court of Colorado · 1912
- Martin v. WhiteOregon Supreme Court · 1909
- Skelton v. NewbergOregon Supreme Court · 1915
- Pubols v. JacobsenOregon Supreme Court · 1919
- Anderson v. GuentherOregon Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.