Minter v. Durham
Oregon Supreme Court
Washington County. Plaintiffs appeal. A co-tenant in possession cannot assert against his co-tenants, either at law nor in equity, a title derived from purchase of the common property at a sale for delinquent taxes. (Sedgwick & Wait on Trial of Title to Land, secs. 291, 292; Cooley on Taxation, 345-347; Freeman on Co-tenancy, sec. 158; Olney v. Sawyer, 54 Cal. 379; Davis v. King, 87 Pa.
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Washington County. Plaintiffs appeal. A co-tenant in possession cannot assert against his co-tenants, either at law nor in equity, a title derived from purchase of the common property at a sale for delinquent taxes. (Sedgwick & Wait on Trial of Title to Land, secs. 291, 292; Cooley on Taxation, 345-347; Freeman on Co-tenancy, sec. 158; Olney v. Sawyer, 54 Cal. 379; Davis v. King, 87 Pa. St. 261.) John N. Durham became a tenant in fact as well as a tenant in common of the Minter claim when he entered into possession under Grobel. Where the land is occupied by a tenant who, by his lease, has…
1Opinion of the CourtThayer, J.
The appellants herein commenced ’ an action against the respondents to recover possession of real property. The following is the substance of their complaint filed therein: “That plaintiffs are owners in fee-simple, as tenants in common, of four, undivided sixths of that certain real property in Washington County, Oregon, known and described as the donation land claim of J. Minter and wife, in township 1 south,, of range 2 west, of the Willamette meridian, in Washington County, Oregon, to wit, four sixths of J. Minter’s half of said claim, and four sixths of his said wife’s half thereof, and…
2Cases cited1 opinion
- Smith v. ShattuckOregon Supreme Court · 1885
3Cited by6 opinions
- Artman v. RayOregon Supreme Court · 1972
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Washington Timber & Loan Co. v. SmithWashington Supreme Court · 1904
- Kimball v. RedfieldOregon Supreme Court · 1898
- Oregon Railroad v. Umatilla CountyOregon Supreme Court · 1905
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