# National Surety Corp. v. Smith

> Oregon Supreme Court · March 19, 1941 · 168 Or. 265

URL: https://www.frixlaw.com/law-library/cases/3840109

## Case

- **Full name:** NATIONAL SURETY CORPORATION v. SMITH Et Al.
- **Court:** Oregon Supreme Court
- **Decided:** March 19, 1941
- **Citations:** 168 Or. 265; 123 P.2d 203; 114 P.2d 118; 1941 Ore. LEXIS 51
- **Precedential status:** Published
- **Opinion:** Concurrence by Bailey
- **Judges:** Kelly, Rand, Bailey, Belt, Rossman, Lusk, Brand
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3840109

## Opinion text

BAILEY, J.
(specially concurring). In view of the fact that the tax foreclosure proceedings here involved were held void by this court in
Smith v. Carlson,
160 Or. 383 , 85 P. (2d) 1028 , I concur in the result announced in the opinion of Mr. Justice Rossman. I particularly concur, also, in the construction of § 69-845, Oregon Code 1930, as a statute of limitation and not of prescription.
*285
Robin I). Bay,
of Salem, for appellant.
Roy Harland,
of Salem (W. C. Winslow, of Salem, on the brief), for respondents Smith.
Walter H. Bell,
of Stayton, and
Carson S Carson,
of Salem, for respondents Ogle.
Hesse & Franciscovich,
of Astoria, amicus curiae.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3840109. Public record. Not legal advice.