Davis v. Magnes
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Justice McBride. This is a suit by Martha Davis to have admeasured her dower interest in certain lands in Coos County. Samuel D. Magnes, Emma Magnes, his wife, Henry Sengstacken and Agnes R. Sengstacken, his wife, were made parties defendant, and each answered, claiming title to certain portions of the land mentioned in the complaint, namely, 23.89 acres of tide land, situate on Coos Bay.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Justice McBride. This is a suit by Martha Davis to have admeasured her dower interest in certain lands in Coos County. Samuel D. Magnes, Emma Magnes, his wife, Henry Sengstacken and Agnes R. Sengstacken, his wife, were made parties defendant, and each answered, claiming title to certain portions of the land mentioned in the complaint, namely, 23.89 acres of tide land, situate on Coos Bay. The defendants have settled with plaintiff in respect to her dower interest, and this litigation concerns only the respective rights of Magnes and…
1Opinion of the CourtJustice McBride
1. We think the order of confirmation of the sheriff’s sale by the court was conclusive of its regularity, and that it cannot now be impeached. It was made without objection years ago when all parties were present in court. The court thus had jurisdiction of the parties and the subject-matter, and, if its action was erroneous, an appeal to this court from the order was the proper and only remedy to correct it. It is now claimed that under the circumstances the sale of the lands in question was void, but the court having full power to adjudicate that question, at the time the order of…
2Cases cited4 opinions
- Dolph v. BarneyOregon Supreme Court · 1874
- McRae v. DavinerOregon Supreme Court · 1879
- Mathews v. EddyOregon Supreme Court · 1872
- Strong v. BarnhartOregon Supreme Court · 1876
3Cited by3 opinions
- Capital City Motors, Inc. v. Thomas W. Garland, Inc.Supreme Court of Missouri · 1962
- Mt. Vernon National Bank v. MorseOregon Supreme Court · 1928
- Meno v. OttoOregon Supreme Court · 1921