101 P. 897 | Or. | 1909
Opinion by
The evidence shows that on September 24, 1894, the State of Oregon executed to the defendant Samuel Handsaker a deed to the land described in the complaint; that at that time he was the agent of Charles Hamlin, for whom he took the legal title in trust, and to whom he soon thereafter conveyed all his interest in the premises, but that the deed to Hamlin was never recorded; that the land was assessed for the year 1895 to Handsaker, but, as the taxes imposed had not been paid, the sheriff on August 3, 1901, sold the premises to Douglas County, which on January 28, 1903, received a tax deed therefor; that, pursuant to an order of the county court, the county judge on March 16, 1903, executed a deed of the land to Frank E. Alley, from whom the plaintiff herein acquired the alleged title by mesne conveyances. In the year 1900 all of section 36, except the southwest Vi of the southwest Vi thereof, in township 23 south-of range 3 west of the Willamette Meridian, was assessed to Priscilla Durham, but, the tax thereon not having been paid, the sheriff sold the land February 24, 1902, to Z. L. Dimmick, who assigned all his interest in the purchase to the plaintiff herein. The sheriff on January 30, 1905, executed to the plaintiff a deed of the premises last described, in which instrument it is asserted that the land “was duly assessed for the fiscal year 1900 to Petruella Durham.” After this suit was commenced, Handsaker, for the expressed consideration of $100, signed and acknowledged a quit-claim deed purporting to convey all his interest in the premises described in the complaint to the defendant Noble. This deed was deposited with a bank in Portland, to be delivered upon
The decree will therefore be modified as to the defendant Noble, and the suit dismissed as to all parties; each being required to pay the costs and disbursements which he incurred in both courts. Modified.