Acton v. Lamberson
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This canse was tried as a snit in equity, and a decree rendered in favor of plaintiff for an undivided one-third interest in 225 acres of land and for $450 damages. Defendants appeal. The case was originally commenced as an action at law for the possession of the real estate. The defendants filed an answer denying the material allegations of the complaint and set up two defenses.
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From Malheur: Dalton Biggs, Judge. In Banc. This canse was tried as a snit in equity, and a decree rendered in favor of plaintiff for an undivided one-third interest in 225 acres of land and for $450 damages. Defendants appeal. The case was originally commenced as an action at law for the possession of the real estate. The defendants filed an answer denying the material allegations of the complaint and set up two defenses. One of the defenses was by authority of Section 390, Or. L., which so far as material here provides that,— “Bills of revivor and bills of review, of whatever nature,…
1Opinion of the CourtBean, J.
Counsel for defendants upon this appeal submit, and support by a wealth of authorities that,—
“If the County Court, in the guardianship matter, secured jurisdiction of the subject matter, the sale by the guardian to Fred Cammann was valid, and if there were any defects, either in the service of the notices or the failure to serve notices, they were cured by the order confirming the sale, and cannot be collaterally attacked. ’ ’
With this general principle counsel for plaintiff agrees, but claims that the real property of a testator descends to the heirs subject to the testator’s debts, and that…
2Cases cited13 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Heddles v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1890
- Lagger v. Mutual Union Loan & Building Ass'nIllinois Supreme Court · 1893
- Marquam v. RossOregon Supreme Court · 1905
- Stadelman v. MinerOregon Supreme Court · 1916
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Gellert v. Bank of California, National Ass'nOregon Supreme Court · 1923
- Dahlhammer & Roelfs v. SchneiderOregon Supreme Court · 1953
- Crossen v. CampbellOregon Supreme Court · 1921
- Bell v. SpainOregon Supreme Court · 1924
- Dixie Meadows Independence Mines Co. v. KightOregon Supreme Court · 1935
17 more not listed; retrieve them via the Exa API.