Legal Opinion

Moore Realty Co. v. Carr

Oregon Supreme Court

Decided February 6, 1912PublishedCited by 12 opinions

From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Moore Realty Co., a corporation, Alice D. De Grasse and Mrs. J. Blumenthal, against Olive Wiberg Carr, to quiet title to certain real estate in Multnomah County. Defendant for answer denies the allegations of the complaint and alleges that, as the widow and heir of Bruce L. Carr, she is the owner of such property.

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From Marion: George H. Burnett, Judge. Statement by Mr. Chief Justice Eakin. This is a suit by Moore Realty Co., a corporation, Alice D. De Grasse and Mrs. J. Blumenthal, against Olive Wiberg Carr, to quiet title to certain real estate in Multnomah County. Defendant for answer denies the allegations of the complaint and alleges that, as the widow and heir of Bruce L. Carr, she is the owner of such property. The reply sets up affirmatively that Bruce L. Carr was the owner of the property on August 17, 1892, at which time he gave to H. C. Leonard a mortgage to secure the payment of the sum of…

1Opinion of the Court

Opinion by

Mr. Chief Justice Eakin.

There is but one question involved here, namely: The sufficiency of the service of summons on defendants. The affidavit for the order of publication states that the defendants reside at Estes Park, Colorado, while the order of the court recites that it appears that defendants reside at the town of Denver, Colorado, and directed the summons to be mailed to them at that address, and the proof of mailing establishes that it was mailed to the defendants at Denver, Colorado.

1. This is a collateral attack by defendant upon the decree, and it must be unavailing…

2Cases cited15 opinions

  1. Pennoyer v. NeffSupreme Court of the United States · 1878
  2. Ricketson v. RichardsonCalifornia Supreme Court · 1864
  3. Bickerdike v. AllenIllinois Supreme Court · 1895
  4. Jackson v. State ex rel. DyarIndiana Supreme Court · 1885
  5. Cruzen v. StephensSupreme Court of Missouri · 1894

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3Cited by12 opinions

  1. Seaboard All-Fla. Ry. Co. v. Levitt, Et Vir.Supreme Court of Florida · 1932
  2. Linn County v. RozelleOregon Supreme Court · 1945
  3. Millis v. MillisSupreme Court of Georgia · 1927
  4. Shane v. PeoplesNorth Dakota Supreme Court · 1913
  5. STATE Ex Rel CARROLL v. REDDINGOregon Supreme Court · 1966

7 more not listed; retrieve them via the Exa API.

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