A Selection of Cases On the Conflict of Laws volume 1
A Selection of Cases On the Conflict of Laws volume 1
Joseph Henry Beale
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Supreme Court of the United States. 1878. {Reported 95 United States, 714. ] Field, J.^ This i s an action to recover the possession of a tract of land, of the a lleg ed value of $15, 000, situated in the Statp nf Ore gon. The plaintiff asserts title to the premises by a patent of tlie United States issued to him in 1866, under tlie act of Congress of September 27, 1850, usually known as tlie Donation Law of Oregon. The defend- ant claims to have acquired the premises under a sheriffs deed, mad...e upon a sale of the* property on execution issued upon a judgment re- covered against the plaintiff in one of the circuit courts of the State. The case turns upon the validit}' of this judgment. It appears from the record that the judgment was rendered in Feb- ruary, 1866, in favor of J. H. Mitchell, for less than $300, including costs, in an action brought by him upon a demand for services as an attorne}' ; that, at the time the action was commenced and the judgment rendered, the defendant therein, the plaintiff here, was a non-resident of the State ; that he was not personally served with process, and did not appear therein ; and that the judgment was entered upon his de- fault in not answering the complaint, upon a constructive service of summons by publication.
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