Day v. Schnider

43 P. 650, 28 Or. 457, 1896 Ore. LEXIS 93
CourtOregon Supreme Court
DecidedFebruary 10, 1896
StatusPublished
Cited by2 cases

This text of 43 P. 650 (Day v. Schnider) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Day v. Schnider, 43 P. 650, 28 Or. 457, 1896 Ore. LEXIS 93 (Or. 1896).

Opinion

Opinion by

Mr. Chief Justice Bean.

1. The only questions necessary to be determined on this appeal are the objections to the sufficiency of the complaint. It is urged by the defendants that the complaint is defective because it does not sufficiently show the apparent validity of the tax title claimed by the defendant Schnider. The general rule in a suit to remove a cloud from title is that the complaint must set out the facts which show the apparent validity of the outstanding title, and also those showing its invalidity, but where, as in this state, the statute declares a tax deed to be prima fade evidence of title, the mere naming of the instrument and alleging that it is regu[460]*460lar upon its face is sufficient to show its apparent validity: Hill’s Code, §2823; Black on Tax Titles (2d ed.), § 440; Hibernia Savings Society v. Ordway, 38 Cal. 679.

2. It is next claimed that the motion and demurrer were properly sustained because several causes of suit are improperly united in the complaint. But this contention is without merit. The object and purpose of the suit is to remove a cloud from the plaintiff’s title, and the several reasons given in the complaint why the tax deed is invalid do not constitute separate causes of suit. No sufficient reason is suggested by respondent’s counsel why the complaint does not state a cause of suit, and none has occurred to us. The decree of the court below will therefore be reversed, and the cause remanded with directions to overrule the motion and demurrer to the complaint, and for such further proceedings as may be proper and right in the premises. Reversed»

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Related

Bailey v. Hickey
195 P. 372 (Oregon Supreme Court, 1921)
Nessley v. Ladd
45 P. 904 (Oregon Supreme Court, 1898)

Cite This Page — Counsel Stack

Bluebook (online)
43 P. 650, 28 Or. 457, 1896 Ore. LEXIS 93, Counsel Stack Legal Research, https://law.counselstack.com/opinion/day-v-schnider-or-1896.