Denny v. Bean
Oregon Supreme Court
From Polk: William Galloway, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues in equity to enjoin the issuance of a sheriff’s deed to a purchaser at a sale on an execution issued out of the circuit court of Polk County on a transcript of a justice’s judgment filed therein; to have declared void and canceled of record the transcript of the judgment and the execution thereon, and to cancel the judgment as settled and paid.
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From Polk: William Galloway, Judge. Statement by Mr. Commissioner Slater. Plaintiff sues in equity to enjoin the issuance of a sheriff’s deed to a purchaser at a sale on an execution issued out of the circuit court of Polk County on a transcript of a justice’s judgment filed therein; to have declared void and canceled of record the transcript of the judgment and the execution thereon, and to cancel the judgment as settled and paid. Plaintiff alleges, in substance, that on April 23, 1896, W. S. Bean commenced an action against him in the justice’s court for District No. 2, of Polk County, and…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
1. It was admitted at the trial that the judgment was, in fact, obtained on April 23, 1896, instead of in June as alleged, and that about December 10, 1903, a transcript thereof was .made and filed in the circuit court at the instance of the judgment creditor. The plaintiff, however, has failed to establish the settlement and agreement to cancel the judgment, as alleged by him. The consideration alleged for the making of the agreement was that plaintiff would not appeal from the judgment, or institute any other proceedings to cause the same to be set aside.…
2Cases cited5 opinions
- Judkins v. TaffeOregon Supreme Court · 1891
- Larkin v. SaffaransDistrict Court, W.D. Tennessee · 1883
- Mann v. McAteeCalifornia Supreme Court · 1869
- Kennebec & Portland Railroad v. Portland & Kennebec RailroadSupreme Judicial Court of Maine · 1871
- Dyer v. City of BelfastSupreme Judicial Court of Maine · 1895
3Cited by18 opinions
- Joseph v. LoweryOregon Supreme Court · 1972
- Owens v. MaassOregon Supreme Court · 1996
- Bussey v. BishopSupreme Court of Georgia · 1929
- Kempf v. Carpenters & Joiners Local UnionOregon Supreme Court · 1961
- Hoffart v. Lindquist & Paget Mortgage Co.Oregon Supreme Court · 1948
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