OPINIONS 0
STATE COl
The Supreme State Tribunal
Hands Down Six Decis
ionsOne Reversal.
INCLUDES R. D. HUME CASE
Two Appeals Against Ilailroiitl Com
panies One Against Oregon,
Navigation Company.
Tho Supremo Court yoatciday
handed down sir decisions. In one
of theso ChloC Justice Dean reversed
tho judgmont of Judge William Gal
loway in an appeal taken from the
Circuit Court for Marlon county.
H. M. Hendershott, respondent, vs.
H. L.. Sagswold, appellant; appeal
from Circuit Court for Marion coun
ty, William Galloway, judge; re
versed in an opinion by Chief Justice
Bean.
Tho plaintiff brought this suit for
an accounting and for permission to
redeem from a void tax sale. It ap
pears that in 1895 tho plaintiff was
the owner of tho real propel ty in con
trovei&y and that it was regularly
assessed for stato and county taxes
that year. Tho taxes became delin
quent and in December, 1S9G, the
property was sold by the sheriff un
der a warrant for tho collection of de
linquent taxes to ono J. K. Marlay,
who subsequently assigned his cer
tificate to P. II. Marloy, and on De
comber 12, 1S9S, the sheriff deliv
ered to him a tax deed. Therefore
Marley convoyed tho property to tho
defendant.
In the complaint it is alleged that
all tho proceedings leading up to the
tax sale are null and void because of
certain defects and that tho defend
ant is and has been since December,
1901 in possession of tho property
holding it under such deed and that
his use and occupation is reasonably
worth $850 and that tho plaintiff is
willing to repay all sums paid byjiim
or liis predecessors in interest on ac
count of such tax sale.
To the complaint a demurrer was
interposed, principally on tho ground
that It does not state facts sufficient
to constitute a cause of suit because
It affirmatively alleges that the plain
tic was at the time of the commence
ment of tho s'ult, in possession of the
property in controvoisy. Tho de
murrer was overruled and a decree
entered In favor of tho plaintiff from
which the defendant appealed.
According to the opinion it is held
that "tho statute authorizes any per
son claiming an inlorest in real prop
erty, not in actual possession of an
other, to maintain a suit against an
other who claims nn estate or inter
est therein to adverse to him for the
purpose of determining such conllict
ing or adverse interest. A suit can
not be brought under this statute
whon tho property is in tho posses
sion of another, because in such case
there is a plain, adequate and com
pleto remedy at law.
"It Is incumbent upon tho plaintiff
in such a suit to allege and provo, if
controvorsed, that tho property is not
in possession of another, otherwise
he will berojegated to his remedy at
law. Real property which
has been sold for taxes, may be re
deemed at any time beforo execution
of a tax deed, by payment to the tax
collector for tho benefit of tho hold
ers of tho tax certificate, tho amount
therefor, with Interest, and all taxes,
Pullthe
BE'LLCORJD
Wet Your WrsUernen Blow
J. R. HERTON, Prop.
Pront Street, : : Marshfleld, Oregon
Don't Fojt ; J
(Kodak on
ruffrincr rpm
ma ait?a
the
vour
j w. yt-faAty
a full line with
supplies at the
Red Cross
asBesBmentB, etc., accruing after the
Issuance of tho certificate with inter
est. Such i ademption will operate
as a cancellation of tho sale and a
release of oil clnim on tho propertj
by virtue of tho lax certificate. Uut
if l ademption is not made within
throo j ears from date of the sale, the
tax collector is required to make out
and deliver to tho pm chaser a deed
for tho land which shall est In him
all the light, title interest and estate
of the foimcr owner. The redemp
tion mu3t therofqro be mado If at
nil before tho execution of tho tax
deed. If not so mado tho title of
tho former owner Is vested in the
purchaser if tho tax-iproceedlngs are
valid." '
Tho other decisions wcie as fol
lows: i: U, Bums, -plaintiff ajid
respondent, vd. Frances Mi Ke'nnedy,
James S. Kennedy and 'II. D. Humo,
defon-lauts; 11. D. Hume, appellant;
c.pponl from Circuit Cou'rt for C n ry
oiint, ..' W. Hamilton,. Judge, if
fhrfldd'In tin opinion by Justice 13a
lu ,
In tho niattor of the estate of J. J.
McCoy, deceased, Snow Denning, ap
pelant, v William A. McCoy, et ,ij.,
"i spnndcnis; on appeal from tho cir
cuit court for Douglas county, II. W.
Hamilton, judge; affirmed in an opin
ion by Justice Bean.
Pacific Mill Company, appellant,
vs. Inman-Poulsen & Co., respond
ent; on appeal from the Circuit Court
for Multnomah county, Jphn.B. Clcl
andjudge; affirmed in ah opinion by
Justice Eakin.
Bridget Giant and Peter Grant, re
spondents, 'vs. the Oregon Railroad
& Navigation Company; on appeal
fiom Clatsop "county, Thomas Mc
Biide, judge; on -motion to retax
costs. Decreo modified in opinion
by Justice Eakin. , ,
AV. B. ilawloy, plaintiff, and re
spondent, vs. Suniptor Valley" Rail
way Company, defendant and appel
lant; on appeal from Circuit Court
for 'Baiter -county, Samuel White,
judge; reversed and remanded In
opinion by' Judge 'Slater.
State of Oregon against A. T. Kel
llher and. H. "H. Tumor; motion for
rohearing; denied.
A. C. Marsters against, Uinpqua
Valley Oil. Company and Jphn Marsh;
motion for rehearing denied.
gjgJMILY COOS BAY TIMES, MARSHFIELD, OREGON, SATURDAY, JULY 20, 1907.
1
inJ I
NEW YORK MAN .
COMES TO COOS BAY
F. B. AVaite and Guy 13. Major, of
New York city, arrived in from Rose
burg early yesterday morning. They
drovo by Mr. Waite's private convey
ance, leaving tRosoburg at 4:30 on
Thursday and arriving at -Sumner
that evening at seven o'clock. This
was good time, and allowed them a
mght's rest at Sumner, when they
came through via Coos City. Mr.
Major is $ex-mayor of Tolqdo, and
now president of the Linseed Oil
Trust, of New York.
t
. ? .
Nelson Iron Works
F. E. NELSON. Prop
Wo repair all Mails of Mnchliierr,
8tcam.andOas Uirlnes, Guns nn J3I-
xjoles. Best of iork bur Speclayt
We manutactilce CaBtingyitf Iron ftrnl
Bronze tor 8a Mllla id Logging
Camps We mala tho l.t Sheaves ama
Koad Spool lor J
TELEPHONE 924
MARSHFIELD,
OREGON
TbcC.B.,ltM.R,R.
and Navigation .Co,
TRAIN SCHED'UiE NO. -3.
In Effect Jnnuary 1, 1007.
All previous schedules are void.
- Subject to change without notice.
W. S-. Clmndler, manager; F. A.
Laleo, freight afient; general offices,
Marshflold, Ore,
No. 1.
Daily
rjiuuiii uuuuaji
F
I
EAST MARSHFIELD
Robert McCann, foreman for the
Simpson Lumber Co , at North Bend,
niado his family a short visit on
Wednesday at Bast Marshfleld.
Gilbert Stecklo passed through
town on "Friday with the men that
his brother, Cyrus Stcckle, will use
In logging on South Slough.
Miss Lillian McCann, of nast
Marshiiold, accompanied by Miss
Jacobson Irom Winnipeg, Canada,
have gone to Mrs. 13. II. Bloodson,
on South Coos river to rusticate for
two weeks.
Mrs. Fetter and Mrs.Pearl Hays
with tholr i Nttld daughter left on
Remote, after spending a pleasant
w.cek as tho guests of Mrs. Sara Jen
nings, East Marshfleld.
Miss Maggie Erickson, of San
Francisco Is spending her vacation
with Marshfleld friends.
Herman Nabb, of North ""Bend, is
taking his wife for treatment at the
Portland Sanitarium. She Is in a
serious condition, being afflicted with
rheumatism. They left on the
Breakwater.
Athur Vineyard and family have
gone camping for a few days on
Mark Cupllp's place, South. Coos
river.
Tho east sitje residences will find
the new grocery store a grot con
venience. It is to be opened ns soon
as n building Is put up. The lumber
will be brought next week.
Frank Bcebie met with quite a
serious accident by cutting his foot
with an axe. Ho will bo disabled for
some time.
Fred Cavanaugc Is preparing to go
to the goldflelds of Alaska. Ho will
bo away about a year.
NORTH BEND NEW
MILL STARTS WORK
The North Bend Lumber Com
pany's mill was started on Thursday,
and for a new mill, It worked ex
ceedingly well. This mill is owned
by local parties, and has a capacity
of between fifty and seventy-five
thousand.
BONITA
LTH BEND
OT B0ATS
TIHSLSAY
Schedule
FASTE.
ON
Half Ho
Run Between Marshfleld tiul Not Mi
Rend Made in 115 Minutes.
Private landings.
Fare: One way, 15c.; roimd trip, ilt'o.
J. A. O'KELIA', Proprietor.
Are Yon Looking for
w.
REAL ESTATE
BARGAIN?
Ff "
We, have go
rties for sale at
reasonable prices ncvould be pleased to
talk with 'ou abonxthem.
." If. ML RummeS! Jr. & Co.
A Street.
A few choice 5 and 10-acro tracts
Two daily boafs to Marshfleld, "North
Dally mall. Telephone connections,
the' land. Wagon road to East Mar,
to that part of Marshfleld is boun
close in. J2ma
jr -mr'
Bead.JffrG
armPijlne
fama
a to
transportation.
25 cents round trip.
No. 2 passes through
The county railroad through
bring it to the front. This
property will be tdken off the market August 15, 1007.
See Charles Doane or W. J. Rust.
Marshfield Oregen.
wtTBCMpwPT"?! yiT'iim' "" ' """"
F
TrainH.
Stations.
Leavo 9:00 a. m,Marsbpeld.
9:30 a, m.B. H. Junction.
9:45 a.'m.Opauille.
Arrive 10:30 a?m.Myrtle Point.
Np. 2,
Daily
Except Sunday.
Leave 10:45 a. m.Myrtlo Point.
10:80 b mvCoQulll.
12:00 m. B. II. Junction.
Arrive 12; 80 p.m.pMarahfield,
Bxtra trains "will run on daily
speolal onjers. Trains to and. from
Borvot Hill flatly.
i HttP rBI 111
, AmmsniUdflT
Every iieejled requirement
for gooroport
Irfrthe
up ' wn
ounner I
Old Central Hotel Building
TS2E2&!3rzS'
FaTtbiijxiMzw.esv-"xvun,i
Steamer
M
Sails for San
The
Qmc(sco
i . tl m
I
jxca.
vmen
rp
Monday 'July 15
F. S DOW Agent . s .
MARSHFIELD, : : : OREGON
fiassflsfisagiiiiittiflaii.'s
BSagEJSElfasgL5v.bAlrgJ!rJw;Aw
Come Early to Ma!i3 Selections of ' t
WALL PAPER .
Our stack is oing fast. Atpial of on'r
will convince thatTney are the best on the market
Coos Bay Paint 8c Wallpaper Co.
2nd near C. Street
ttg3Eg3gSyFCTffi5Sg5g7ggg
JL
rnr '
OBTEASYF
Cft Mi f ST
Dnjratea lniN
iflsuIa-lso
reasunaDie
FOR SALE
Neat and modern.
I Best view on the pen
same iracw jrrices
ERMS
orth'Bend Heights,
vacant lots in the
and terms easy.
SUCCESSORS TO
Ward & Ward
WARD Cilb HURD
Corner Meade and Vermont Sts.
Rjasaiaa3ntcxBi3giagitEccgJirfji.iiaraugaw
ESOLUTE SAFETJ
1 . 1 r .
lsme oest tnmp: we ham. to
offevOther induaments are
or secom
this basis q
patronS.
First Motional Bank of Coo
rtance Upon
solicit your
JOHN S.
W.S. M
Wli, President
rARLAND, Cashier.
O. B. HINSDALE, Vic P?
R. T. KAUFMAN, Asst. Casf
?iae35igTVWghi'aaaaMr-5g jgny
California and Oregon Coast Steamship Company.
Steame
p'AlUatffce
COOS BAY to Portland and Return
GEO. D. GRAY & C0 General agents,
421 Market St.. San Francisco.
L. W.SHAW, Agent,
Marshfleld. Fbone 441
WILSON & THOMAS
Contractors and Build
Office fixtures a fmtlmiiy. Store Fronts, Counters,
Shelving. Let us work out your plans. See us be
foro building.
Shop opposite Bear's Livery Stable, North Front Street
eaaatntaKggggg? nJMwrowwKaa
WHY DO PEOPLE BUY IN.
KEN
ADBSTSON
SECAUS
It is choice inside" residence .property, lots
50x100 AjfthaBefsfis well sheltered with
A GOOLTBAY VIEW and pricesof lots
are reasonable For particulars see
Title Guarantee & Abstract Co.,
Henry Sengstacken, Manager
""'"'i' "" "'""" IUI!W.lfl
Bfc
TRY A TIMES WANT AD.
. c -rj.,ja