196 F. 56 | D. Or. | 1912
This is a suit to quiet title to certain real property in this state which, it is alleged in the bill and admitted by the answer, is vacant unoccupied land, and not in the possession of either party to the suit, or any other person. Both parties deraign title through Aaron Johnson, the plaintiff, by deed from Aaron Johnson to Andrew Johnson dated May 21, 1904, and recorded June 7th of the same year, deed from Andrew to Aaron of date April 8, 1907, and recorded the 24th of the same month, a deed from Aarop to plaintiff of date February 21, 1907, and recorded April 24th. The defendant claims through a sheriff’s deed, made in pursuance of a sale under an execution issued on a judgment recovered in the state court by the defendant against Aaron Johnson, a nonresident of the state, in an action at law commenced on April 1, 1907, and the attachment of the property in puit on that date as the property of Aaron, and the subsequent service of summons upon him by publication. The defendant by cross-bill affirms the validity of the judgment, sale thereunder, and the sheriff’s deed, and asks to have his title quieted. It thus appears that the-plaintiff is the owner of the property in controversy, unless the defendant acquired title through the sheriff’s deed. The plaintiff insists that the judgment under which the defendant
I conclude, therefore, that the judgment under which the defendant claims is void, and that the plaintiff is entitled to a decree as prayed for.