Johnson v. Crook County
Oregon Supreme Court
From Crook: William L. Bradshaw, Judge. Statement by Mr. Chief Justice Moore. This is an action to recover taxes alleged to have been paid under compulsion. The complaint states, in effect: That the defendant is a municipal corporation and one of the political divisions of Oregon.
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From Crook: William L. Bradshaw, Judge. Statement by Mr. Chief Justice Moore. This is an action to recover taxes alleged to have been paid under compulsion. The complaint states, in effect: That the defendant is a municipal corporation and one of the political divisions of Oregon. That the plaintiff, being the owner of patented land included within the limits of public forest reservations, undertook, on July 16, 1902, to exchange the premises with the United States for unoccupied nonmineral land in Crook County, by filing in the proper local land office his application therefor, and on July…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
1. Two questions are presented for consideration: Was the tax void? If so, was it paid under such circumstances as to authorize a recovery thereof? These inquiries will be treated in the order stated. An application, under Act Cong. June 4, 1897, c. 2, 30 Stat. 36 (U. S. Comp. St. 1901, p. 1541), in conformity to rule 18 of the Interior Department, as set forth in the circular of June 30, 1897 (24 Land Dec. Dept. Int. 593), to surrender to the United States an unperfected bona fide claim to land within a public forest reservation, or to reconvey to the…
2Cases cited12 opinions
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3Cited by13 opinions
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- First National Bank v. Benton CountyOregon Supreme Court · 1944
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