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OREGON SUPREME COURT DECISIONSfall Text Pabltihed by Coirteay of I, A. Tomer, Exporter of dieSupreme CourtUOUR PERSOMALTO ALL SKIN!Wo have been in business In thin town for mnw time ami we are loot;-So when we tell you that we haveJohnson v. Whites H al, Multnomah void, Upon trial the circuit court [tag *n bwild up trade by always ad-(found, In part, that the certificate and lifting our pat rone right..Mary K. Johnson, respondent, v. ^*1 were void on account of theCharles A. White and Paulino M, of ft# sheriff to make such I found the eczema remedy and thatWhite, hla ■wife, Iltirt Brown Barker, r,‘t*irn, The note and mortgage of | we stand bark of It with thetrustees. Alice W. Strlekler, Arthur Pontiff were admitted.Stipe and George Wether by, dofen- Bean J. Upon this appeal defendan Lit, George WVlhcrby, defendant dunt Wetherby contends that plain* 111 ^otl k Wo *Bve our advice no*.anti appellant. Appeal from the dr- tiff was not authorized to make him M11 on*er 10 ***11 a few bottles of med-■ ult of Multnomah county. The Hon. li party to the null The lax deed, u‘lnt* to skln sufferers, but becauseJohn B. Cleland. Judge. Argued and upon In face, shows defendant to be Wo how il 'HI Help our bust*facturer h iron clad guarantcy hacked by ourselves. you can dependsubmitted January 2t 1312. George n grantee and to have an interest in \n*MH }f w#l he|P °«r patrons.Wtdjwrby for appeBant, George P. Lem fur respondent. Bean, J. Affirmed.Decided January 9, 1312.Thin Is a Hint to foreclose a mort-i .a:* on the north Imif uf AouthwuKt charter of suction 12. township i -etih, range 4 east. W M.. execute ed by defendant Arthur Stipe to plaintiff fin July 3, 1304. to secure u nrnu fur 14tin. From a decree In favor of plaint Iff, defendant appeals.Plaintiff alleges In addition lo (lieusmtl form as to tlt* mortgage, thatdefendant, George Wetherby, pnr-cbased the mortgaged premises at a lax uaie for the taxes of 1904 amounting to $5,08. and for those of tM7 amounting to J5.40; that each of the defendants have, or claim to have some right to, Interest in, or lienupon said mortgaged premist s, hutthe same, if any exists, is Btihseqitrjit In time and Inferior In right to the lieu of plaintiffs said mortgage; that plaintiff tendered to Wet her by the mirn of $20, the amount of the taxes, Interest and penalties, and deposited the same In court for that purpose.Defendant Wetherby answered separately, affirmatively alleging that on the 20til of December, 1905 the sheriff of Multnomah county, Oregon, duly sold to this defendant, the real estate described in plaintiffs mortgage for delinquent taxes assess- d thereon for the year 1904, amounting to $5 uS. and Issued a certificate therefor: that on the 29th day of December. 1908, said sheriff executed a tax deed of sal it real property to this defendant, which was duly recorded; that defendant Is I bo owner in Tec dimple of the land, and prays that hethe mortgaged property.The owner of the equity of redemption In frequently s» grantee.We keep in stock and sell, all the well known skin remedies. But we will nay this if you nr* sufferingOifter directly or remotely, from the ftn^ kind of akin trouble, ecw*-mortgagor, and such grantee, as long ma' #wort,w,*h ra#h or tetter* weas he retains an interest in Hmjjffjam*j T/1”1 *°U 10 a H*7,0 kottJo of let% Ih n necessary party to fore-| ' D‘ Dlt; tre8cr1Pl,kn And. if it closure; and no decree can be *f-|doeH not do Ul° work* this bottle will fectlve against him unless he IscostjudgAsa fepliedItch,seen;D. D. L romi winting.arefoolHi dipyouWithanandnowtee.Joined 9 i5nlt;\ of Pleading and »wcr of said defendant, amounts toPractice, 305, All persons ImcBsinl In the mortgaged premises should be made parties, otherwise they wouldbe eatltltHi to redeem, 1,011(100 vTownsend* 112 N Y. 93, lt;8 Amsr. Bt*Rep. 7121. Watts v Julian, 122 Ind. 124. Tim complaint, however, shows that defenadnt Wether by cl aim a to b.* a grantee of the premises, subsequent, to the giving of the mortgage which complice with the rule in 9Em- of Pleading and Practice, 377; Mann v. State, 116 Ind. 383; Hoes v.Boyer, 108 lnd* 494,See* 3108 II A.- C. Comp, providesuo more than a legal conclusion.Neither is there any allegation ofownership of the property at thetime of the assessment The factsusually contained in bucIi certificateof sale and tax di ed, are not set, out in the answer.It is contended by defendant Wcth-erby that In a unit to foreclose tt mortgage, the court has no jurisdiction to determine uji alleged titleparamount to that of the mortgagor, when mt up by a defendant*It is sufficient in regard to thiscontention to refer to the answer ofthat “all taxes which may hereafter defendant, which we think does notbe lawfully Imposed or levied upon real property shall be and they are hereby declared to la* 1 lien on such property from and including the day on v^ilelt the warrant authorizing the collection of such taxes te Issued until they should be paid, or until the title shall rest, in the purchaser upon sale for such taxes, * • *’*See, 423, L, 0 L , relating to the foreclosure of liens upon real prop-erty. requires that any one having a Ben subsequent in the plaintiff upon the same property shall bo made a defendant in Ihe suit, and any person having .1 prior lb n may be madedefendant at the option of the plaintiff, or by order of the court henset up a title paramount to the mortgagor and which is 11 mere claim fortaxes subsequent to the date of plaintiffs mortgage. (Mldditon v Moore. 43 Or. 3571 and does not come within the rule enunciated In (tonnes v Pelerson, 54 Or 378,By See. 3127, El* c Comp,, a sheriff s tax detxl Ih made prima facie ev Idt nee of the regularity of the lax proceedings, including the sale This, homvvor may Im overcome by proofto the contrary. Breuino v. B rata no, 41 Or. 15* 19.a careful examination of the evidence herein leads us u believe.Unitihe Hading of the trial court. r.o the effect 1 hat the tax deed of defendantCmuubjethe r »lori one mibjehnuiu“J11Chiefthe tnmyohe declared Hiioh owner, and entitled denied nuctsHary. if it be coneed’-d was void, is correct It. is shown byto the pottfiesslon thereof.Plaintiff demurred to the new matter In tlie answer* and upon the sumo hclng overruled, replied, denying thehemnnco of any valid ceriificato of bhI- for such taxes, or the exemithm f any valid deed io said proprty by •lie dieriff, and alleging that the Hitino were* void for the reason, arunng jthat hub defendant, wns not reguinr-ly mado a party to the suit im waived this point by pleading for affirmative relief.Plaintiff n»nt-tub- that the fact- tn defendant Wtuberb « answer werenot sufficient, to support any title of defendam to the land, for the reflxon that said defendant did not allege•'Biers, 1 i,at. Ihe sheriff failed to make that there was any tax levied uponu turn of the salo of ald proi^rtyfor the year 1904, as required by htH Th» reforo the certificate andthe properly for Ihe year 1904, or any warrant issued for the eollec*Do ntbereof* or any veturn of sale byd executed thereon, were wholly the sheriff, and that Ihe reparate un-A Poor Weak WomanA® the is tcriniPil wilt hrAV#*lv iind natienllv StU • evhlcntc that an unnlgncd uomi-oj^ndum was mad** lu the sheriff's office, ol the -ale n( HU ftcres In thesection deucrlheii, m this defendant, and the amount tho same sold for. Bee. 3118, B. C. Comp,,- then in force, provides that a warrant for acollection of delinquent taxes must be executed and returned in like manner as an execution againstproperty. The requisite steps to be taken under this statu to nr- plainly act out by Mr. Justice Eakin in Ayer v Lund, 49 Or 303, 3o8, and we m ed only to refer to the* name. The decree of the lower court therefore affirmed.ThtportcfavorreconInfltnla roe favor I hatroom 1her, : rangehaveA r tlon ( erty 1 Rea of arand uf HIfourtipoiwecTheihe V.0,er i o;under the ikhis ac cil.AfLeCity JUPJKM1i^aclinconatr
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Marshfield Daily Coast Mail
Marshfield, Oregon, US
Tue, Jan 16, 1912
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USA 11 Dec 2020
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