Hendershott v. Sagsvold
Oregon Supreme Court
Statement by Mr. Cheer Justice Bean. The plaintiff, H. M. Hendershott, brought this suit against H. L. Sagsvold for an accounting and for permission to redeem from a void tax sale. In 1895 the plaintiff was the owner and in possession of-the real property in controversy. It was regularly assessed for state and county taxes that year.
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Statement by Mr. Cheer Justice Bean. The plaintiff, H. M. Hendershott, brought this suit against H. L. Sagsvold for an accounting and for permission to redeem from a void tax sale. In 1895 the plaintiff was the owner and in possession of-the real property in controversy. It was regularly assessed for state and county taxes that year. The taxes were suffered to become delinquent, and in December, 1896, the property was sold by the sheriff, under a warrant for the collection of delinquent taxes, to one J. K. Marlay, who subsequently assigned his certificate to P. H. Marlay, and on December 12,…
1Opinion of the Court
*594Opinion by
Mr. Chief Justice Bean.
1. The statute authorizes any person claiming an interest in real property, not in the actual possession of another, to maintain a suit against another who claims an estate or interest therein adverse to him for the purpose of determining such conflicting or adverse interest: B. & C. Comp. § 516. A suit cannot be brought under this statute when the property is in the possession of another, because in such case there is a plain, adequate and complete remedy at law: Coolidge v. Forward, 11 Or. 118 (2 Pac. 292); Fdgar v. Edgar, 26 Or. 65 (37 Pac. 73); O'Hara v.…
2Cases cited7 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Dolan v. JonesWashington Supreme Court · 1905
- Moore v. ShofnerOregon Supreme Court · 1902
- Coolidge v. ForwardOregon Supreme Court · 1883
- Edgar v. EdgarOregon Supreme Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Comegys v. HendricksOregon Supreme Court · 1910
- Hodgkin v. BoswellOregon Supreme Court · 1910
- Chord v. HuberOregon Supreme Court · 1915