Griswold v. Stoughton
Oregon Supreme Court
Appeal from Marion County. Griswold recovered judgment by confession against Stoughton, on the first day of June, A. I). 1857, the entry whereof was duly made upon -the journal and lien docket of the late District Court of Oregon Territory for the county of Marion.
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Appeal from Marion County. Griswold recovered judgment by confession against Stoughton, on the first day of June, A. I). 1857, the entry whereof was duly made upon -the journal and lien docket of the late District Court of Oregon Territory for the county of Marion. In April, 1862, execution upon that judgment was issued to the sheriff of Marion county, and on the 20th day of May, 1862, certain tracts of land, belonging to defendant in execution, were sold to satisfy the judgment, Griswold being the purchaser.. On the 23d day of September, 1862, the sheriff presented for approval a deed for…
1Opinion of the CourtShattuck, J.
The first two objections cannot be considered in this proceeding. This is an inquiry about the regularity of proceedings concerning the sale. An execution is here exhibited, regular upon its face, which recites a judgment, and a judgment roll, and upon a mere motion, at this stage of the proceedings, this court will not go back of the execution to inquire into the validity of the judgment recited.
The other points may be considered, and in examining them this court is confined to the record brought in from the court below. There appears to be no bill of exceptions, and the presumption is that…
2Cited by7 opinions
- Power v. LarabeeNorth Dakota Supreme Court · 1894
- Dolph v. BarneyOregon Supreme Court · 1874
- Gregory v. BovierCalifornia Supreme Court · 1888
- Bank of British Columbia v. PageOregon Supreme Court · 1879
- Balfour v. BurnettOregon Supreme Court · 1895
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