Bybee v. Summers
Oregon Supreme Court
Appeal from Clatsop County. On the 10th day of August, 1869, plaintiff (appellant) commenced this proceeding under the provisions of § 377 of the Civil Code, for the purpose of carrying into execution a decree of the District Court for Clatsop County, alleging in his complaint that on the 10th day of September, 1859, one Cyrus Olney commenced proceedings against this plaintiff and one James Taylor for the partition of lots one (l)'and two (2) in block fifty-five (55) in the…
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Appeal from Clatsop County. On the 10th day of August, 1869, plaintiff (appellant) commenced this proceeding under the provisions of § 377 of the Civil Code, for the purpose of carrying into execution a decree of the District Court for Clatsop County, alleging in his complaint that on the 10th day of September, 1859, one Cyrus Olney commenced proceedings against this plaintiff and one James Taylor for the partition of lots one (l)'and two (2) in block fifty-five (55) in the town of Astoria. That on the 13th day of October, 1859, upon the hearing of said cause, it was adjudged by the Court…
1Opinion of the Court
By the Court,
Bonham, J.:
Two questions are presented by the pleadings and the arguments of counsel in this case for the consideration of the Court:
First. "Was the order of the District Court for Clatsop County, made October 13, 1859, directing the sale of the premises described in the partition suit of Olney against Bybee & Taylor, a final decree in effect, or was it only an interlocutory order ?
Second. If the order above referred to was only interlocutory, would the rights of the plaintiff Bybee, to the in*356terest claimed by him in tbe premises, be protected by tbe doctrine of Us pendens?
It was…
2Cases cited3 opinions
- Morenhout v. HigueraCalifornia Supreme Court · 1867
- Diamond v. Lawrence CountySupreme Court of Pennsylvania · 1861
- Kester v. StarkIllinois Supreme Court · 1857
3Cited by10 opinions
- Tinsley v. RiceSupreme Court of Georgia · 1898
- Marquam v. RossOregon Supreme Court · 1905
- Dangerfield v. CaldwellCourt of Appeals for the Fourth Circuit · 1907
- Lyon v. MazerisOregon Supreme Court · 1942
- Kesler v. NiceOregon Supreme Court · 1909
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