Farris v. Hayes

Citations

• 9 Or. 81

Syllabus

<p>Pleading — Dower—Void Judgment.</p> <p>G and wife became settlers upon the public lands under the act of September 27, 1850. G died before the completion of the four years’ residence and cultivation. The patent issued, and afterward the widow married, and while a married woman signed a promissory note as surety, on which judgment was recovered against her by default, by service of notice upon a member of her family, the sheriff’s return 'not stating that she could not be found. An execution was issued on the judgment, and her interest in the land sold to a purchaser in good faith. On a suit brought by her for a partition of her interest in the north half of the claim, and for the assignment of dower in the remainder of the north half, and to declare said judgment and proceedings under it fraudulent and void, and for a restitution of the south half, and for an account of the rents and profits: Held,' First — That the failure to allege herself in possession of the north half, or to allege facts from which possession might be presumed, was fatal on demurrer to a suit for partition. Second — That she was not entitled to dower. Third — That if the judgment under which the property had been sold was void, she had an adequate remedy at law for the recovery of possession, and for damages.</p>