Harris v. Sargeant
Oregon Supreme Court
From Polk : Geo. H. Burnett, Judge. Action by Sanford S. Harris and others against William Sargeant, to recover real property. Both parties allege ownership in fee, and that they are entitled to possession. On November 15, 1884, William M. Harris was the owner thereof, and he and his wife on that day conveyed the same by quitclaim deed to their children, the plaintiffs herein.
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From Polk : Geo. H. Burnett, Judge. Action by Sanford S. Harris and others against William Sargeant, to recover real property. Both parties allege ownership in fee, and that they are entitled to possession. On November 15, 1884, William M. Harris was the owner thereof, and he and his wife on that day conveyed the same by quitclaim deed to their children, the plaintiffs herein. Subsequently one G. N. Townsend, a judgment creditor of the said William M. Harris, began a suit against him, Frances Harris, his wife, and the plaintiffs herein, to set aside said deed, and to subject the property to…
1Opinion of the CourtChief Justice Wolverton
1. The question presented is whether the defendant acquired the legal title to the premises in controversy by and through the sheriff’s deed, and its proper solution depends upon whether these plaintiffs were legally served with summons in said suit, which must be determined entirely from the record. The plaintiffs herein, who were defendants in the suit of Townsend v. Harris et al., were all minors under the age of fourteen years at the tipie of the service of summons upon them in that cause. The statute requires the summons to be served by delivering a copy thereof, together with a copy of…
2Cases cited5 opinions
- Settlemier v. SullivanSupreme Court of the United States · 1879
- Barber v. MorrisSupreme Court of Minnesota · 1887
- Helms v. ChadbourneWisconsin Supreme Court · 1878
- Gulf, Colorado & Santa Fe Railway Co. v. KoskaCourt of Appeals of Texas · 1893
- McMullin v. MackeyNew York Supreme Court · 1889
3Cited by12 opinions
- Jones v. CrimWest Virginia Supreme Court · 1909
- Knapp v. WallaceOregon Supreme Court · 1907
- Dawson v. AndersonSupreme Court of Oklahoma · 1913
- Musser v. FittingCalifornia Court of Appeal · 1915
- Capos v. Clatsop CountyOregon Supreme Court · 1933
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