Haines v. Connell
Oregon Supreme Court
From Washington: Thos. 'A. -McBride, Judge. Statement by Mr. Chief Justice Bean. This is a suit by E. W. Haines against J. W. Connell, sheriff, and J. F. Schoch to remove a cloud from a title, and comes here on an appeal from a decree in favor of the plaintiff.
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From Washington: Thos. 'A. -McBride, Judge. Statement by Mr. Chief Justice Bean. This is a suit by E. W. Haines against J. W. Connell, sheriff, and J. F. Schoch to remove a cloud from a title, and comes here on an appeal from a decree in favor of the plaintiff. On April 22, 1902, F. T. Kane was the owner of the S. E. quarter of section 11, township 2 N., range 5 W. On that day he attempted to convey the same by warranty deed to the plaintiff, but, by mistake, the land was described as being in range 4 instead of 5. The deed was not recorded until July 11, 1904, and about that time plaintiff…
1Opinion
On Motion for Rehearing.
2Opinion of the CourtChief Justice Bean
6. Counsel is in error in supposing that the court held that the requirement of the statute that a certificate of attachment should contain the title of the cause is a nullity. The holding is that such a certificate, if without a caption, is sufficient if it contains in the body thereof “the title of the cause and the names of the parties,” and otherwise complies with the statute. In short, that it is not necessary that the certificate should have a caption stating the title of the cause and the names of the parties, but it is enough if it contains in the body thereof…
3Cases cited1 opinion
- McDowell v. ParryOregon Supreme Court · 1904