Holmes v. Wolfard
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Statement by Mr. Justice Moore. This is a suit by W. H. Holmes against A. G. Wolfard to determine an adverse interest in real estate.
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From Marion: Reuben P. Boise, Judge. Statement by Mr. Justice Moore. This is a suit by W. H. Holmes against A. G. Wolfard to determine an adverse interest in real estate. The facts are that W. R. Smith, desiring, but being unable, to purchase the NW. i of section 28, in township 7 S. of range 1 E., in Marion County, entered into a contract with one John Morley, whereby the latter paid .the entire consideration, and as security therefor the owner of such real property executed a deed thereof to Morley, who agreed to convey the premises to Smith, upon the payment of the consideration and…
1Opinion of the CourtJustice Moore
1. It is contended by defendant’s counsel that, if the execution issued on the judgment rendered in the action of Coolidge & McClaine against Smith was enforced against plaintiff’s interest in the real property when it was not subject thereto, his remedy was to apply to the court to set aside the levy, and, having done so and taken no appeal from the denial of the motion, such action became final, thereby precluding the maintenance of this suit, in refusing to dismiss which an error was committed. A text writer, in speaking of a motion to quash a levy upon property under an execution, says:…
2Cases cited14 opinions
- Currie v. BowmanOregon Supreme Court · 1894
- Sabin v. Columbia Fuel Co.Oregon Supreme Court · 1893
- State ex rel. Bussell v. BridgesWashington Supreme Court · 1902
- Kiernan v. KratzOregon Supreme Court · 1902
- Mayes v. StephensOregon Supreme Court · 1901
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Savage v. SavageOregon Supreme Court · 1908
- Mascall v. MurrayOregon Supreme Court · 1915
- ROHNER ET UX v. NevilleOregon Supreme Court · 1961
- Eldredge v. Mill Ditch Co.Oregon Supreme Court · 1919
- Gynther v. Brown & McCabeOregon Supreme Court · 1913
8 more not listed; retrieve them via the Exa API.