Harris v. Harsch
Oregon Supreme Court
From Multnomah.: Hartwell Hurley, Judge. This is an action by M. M. Harris to recover possession of lot eight and the north half of lot seven, block 112, Stephens’ Addition to East Portland, Oregon. Each party thereto alleges that he is the owner and entitled to possession. The defendant, Charles Harsch, further alleges that plaintiff’s claim to said premises is based upon an alleged tax sale, and that said sale is invalid.
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From Multnomah.: Hartwell Hurley, Judge. This is an action by M. M. Harris to recover possession of lot eight and the north half of lot seven, block 112, Stephens’ Addition to East Portland, Oregon. Each party thereto alleges that he is the owner and entitled to possession. The defendant, Charles Harsch, further alleges that plaintiff’s claim to said premises is based upon an alleged tax sale, and that said sale is invalid. Upon filing his answer, he paid into court the sum of ten dollars and fifty cents, the supposed amount of the tax paid by plaintiff as purchaser at said tax sale,…
1Opinion of the Court
Opinion by
Mr. Justice Wolverton.
1. Error is predicated of the court’s deduction as a conclusion of law from findings of fact two and three, that the assessment of lots seven and eight as a single parcel and in the name of Erastus *565Bennett, instead of Harriett Bennett, the owner, rendered the tax sale and deed void. At the outset plaintiff contends that the tax deed is conclusive of the regularity of the assessment and levy, except that it may be shown there was (1) fraud in the assessment, and (2) that no part of the tax was levied or assessed upon the property sold; and in support of this…
2Cases cited10 opinions
- Noland v. BullOregon Supreme Court · 1893
- Hicklin v. McClearOregon Supreme Court · 1889
- Moody v. RichardsOregon Supreme Court · 1896
- Umatilla Irrigation Co. v. BarnhartOregon Supreme Court · 1892
- Strode v. WasherOregon Supreme Court · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State v. KlineOregon Supreme Court · 1907
- Franklin v. NorthrupOregon Supreme Court · 1923
- Consolidated Freightways, Inc. v. West Coast Fast Freight, Inc.Oregon Supreme Court · 1949
- Elliott v. Tillamook CountyOregon Supreme Court · 1917
- Jennings v. FrazierOregon Supreme Court · 1905
7 more not listed; retrieve them via the Exa API.