Noble v. Watrous
Oregon Supreme Court
From Washington: Henry L. Benson, Judge. Suit by H. E. Noble, against J. Arthur Watrous and -Watrous, his wife, Sherman Bacon and -- Bacon, his wife, to quiet title. From a decree in favor of defendants, plaintiff appealed. Reversed. Department 2. Statement by Mr. Justice Mc-Camant. This is a suit brought to quiet the title to the west half of the northeast quarter of section 13, T. 3 N., R. 4 W., in Washington County.
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From Washington: Henry L. Benson, Judge. Suit by H. E. Noble, against J. Arthur Watrous and -Watrous, his wife, Sherman Bacon and -- Bacon, his wife, to quiet title. From a decree in favor of defendants, plaintiff appealed. Reversed. Department 2. Statement by Mr. Justice Mc-Camant. This is a suit brought to quiet the title to the west half of the northeast quarter of section 13, T. 3 N., R. 4 W., in Washington County. Both parties claim under Florence E. Watts, who was admittedly the owner of the property in 1895 and 1896. Plaintiff claims under a deed in his favor executed by Mrs. Watts and…
1Opinion of the CourtJustice McCamant
1. It is settled law in this jurisdiction that tax titles are not favored. Except as the statute relieves him of the burden, the party asserting a tax title must show a compliance with the statute in each of the steps leading up to the execution of his deed: Rafferty v. Davis, 54 Or. 77 (102 Pac. 305); Ayers v. Lund, 49 Or. 303, 307 (89 Pac. 806, 124 Am. St. Rep. 1046). The defendant. Bacon, who 'is asserting the tax titles, relies on Section 3127, B. & C. Comp. This section of the Code, which was in force when the tax deed in favor of this defendant was executed, provides in part that a deed…
2Cases cited5 opinions
- Power v. BowdleNorth Dakota Supreme Court · 1893
- Rafferty v. DavisOregon Supreme Court · 1909
- Ayers v. LundOregon Supreme Court · 1907
- State Finance Co. v. MulbergerNorth Dakota Supreme Court · 1907
- Farmers Security Bank of Park River v. MartinNorth Dakota Supreme Court · 1915
3Cited by5 opinions
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- Nealan v. RingOregon Supreme Court · 1919