Abraham v. Chenoweth
Oregon Supreme Court
Appeal from Douglas. The facts are sufficiently stated in the opinion. We admit that where the judgment debtor redeems, it restores the estate, for the statute says it shall, and we do not doubt but that a redemption by. the owner of an estate would have the same effect. For instance, A. owns an estate which has been sold upon execution; this deprives him of the possession, but does not divest his legal title until the execution of the sheriff’s deed.
Read the full summary
Appeal from Douglas. The facts are sufficiently stated in the opinion. We admit that where the judgment debtor redeems, it restores the estate, for the statute says it shall, and we do not doubt but that a redemption by. the owner of an estate would have the same effect. For instance, A. owns an estate which has been sold upon execution; this deprives him of the possession, but does not divest his legal title until the execution of the sheriff’s deed. Now, by redeeming, he removes the claim and his estate is necessarily freed from it, is restored to him. In the latter case, the result…
1Opinion of the Court
By the Court,
Waldo, J.:
This is an action of ejectment for three hundred and twenty acres of land in Douglas county, the donation land claim of Adeline Williamson, afterwards Adeline Starr.
In 1875, said Adeline died, leaving her husband, J. W. Starr, and several children surviving her. In 1879, a mortgage on said land, given by said Adeline and her said husband in 1874, was foreclosed, and the land purchased by Douglas county.
The appellant claims title as grantee of the estate of a portion of the children and heirs of the said Adeline, and by redemption from Douglas county. The respondent is…
2Cases cited11 opinions
- Ellsworth v. . LockwoodNew York Court of Appeals · 1870
- Williams v. . TownsendNew York Court of Appeals · 1865
- Dolph v. BarneyOregon Supreme Court · 1874
- Page v. RogersCalifornia Supreme Court · 1866
- Brisbin v. FarmerSupreme Court of Minnesota · 1871
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Haskin v. GreeneOregon Supreme Court · 1955
- Hughey v. CornellOregon Supreme Court · 1931
- Haskin v. GreeneOregon Supreme Court · 1955