Legal Opinion

Nicholas v. Title & Trust Co.

Oregon Supreme Court

Decided January 11, 1916PublishedCited by 21 opinions

From Clatsop: Jambs A. Eakin, Judge. Statement by Mr. . Chief Justice Moore. This is a suit to determine an adverse interest in real property.

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From Clatsop: Jambs A. Eakin, Judge. Statement by Mr. . Chief Justice Moore. This is a suit to determine an adverse interest in real property. Tbe complaint alleges in effect that tbe plaintiff, H. B. Nicholas, is the owner and in the possession of block 23 in Gearhart Park, Clatsop County, Oregon; that this block is bounded on the east by Summit Avenue, which is 60 feet wide, and on the south by Seventh Street, of the same width; that plaintiff has an easement in and a right to the use of the avenue and street mentioned to their full width bordering upon that block; that tbe defendant, tbe…

1Opinion of the Court

Opinion by

Mr. Chief Justice Moore.

The evidence shows that in the year 1888 M. J. Kinney purchased a large tract of land in Clatsop *230County, Oregon, bordering on the Pacific Ocean, and soon thereafter caused a part of the premises to be surveyed into lots, blocks, streets, etc. A map, purporting to set forth the outlines of the survey, was prepared, and 1,000 copies were printed, and entitled:

‘ ‘ Gearhart Park, as. laid out and recorded by M. J. Kinney, Clatsop Co., Oregon. Regular lots, 50x100. Scale, 1 inch 300 ft. W. I. Crawford, Gen. Agt. Gear-hart Park, Seaside, Oregon. ”

The printed plat…

2Cases cited44 opinions

  1. State v. ReedSupreme Court of Kansas · 1894
  2. O'Hara v. ParkerOregon Supreme Court · 1895
  3. Carter v. City of PortlandOregon Supreme Court · 1873
  4. Hardwick v. State InsuranceOregon Supreme Court · 1891
  5. Neppach v. Oregon & Cal. RailroadOregon Supreme Court · 1905

39 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. State Ex Rel. Thornton v. HayOregon Supreme Court · 1969
  2. Tualatin Development Co. v. Department of RevenueOregon Supreme Court · 1970
  3. McCoy v. ThompsonOregon Supreme Court · 1917
  4. Start v. Shell Oil Co.Oregon Supreme Court · 1954
  5. City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951

16 more not listed; retrieve them via the Exa API.

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