Anderson v. Richards
Oregon Supreme Court
From Union: J. W. Knowles, Judge. In Banc. This is a suit to quiet title. B. E. Anderson, plaintiff and respondent, is the owner of Lot 6, and John Richards, defendant and appellant, is the owner of Lot 7, in Block “D” of the town site of Cove, Union County, State of Oregon.
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From Union: J. W. Knowles, Judge. In Banc. This is a suit to quiet title. B. E. Anderson, plaintiff and respondent, is the owner of Lot 6, and John Richards, defendant and appellant, is the owner of Lot 7, in Block “D” of the town site of Cove, Union County, State of Oregon. The plaintiff alleged in his complaint, among other things: “That plaintiff has been, and still is, in possession of said premises up to the line fence inclosing the same, and that his possession has been at all times, and still is, open, notorious, continuous, uninterrupted and adverse and under claim of right and color…
1Opinion of the CourtBrown, J.
1. The defendant challenges the sufficiency of the complaint for the reason that plaintiff does not aver in express terms that his possession was exclusive. Plaintiff alleges:
“That he [plaintiff] has been, and still is, in possession of said premises up to the line fence inclosing the same, and that his possession has been at all times, and still is, open, notorious, continuous, uninterrupted and adverse and under claim of right and color of title thereto as against the whole world.”
We believe that the element of exclusiveness of plaintiff’s possession sufficiently appears from the use of the…
2Cases cited39 opinions
- Caufield v. ClarkOregon Supreme Court · 1889
- Gardner v. WrightOregon Supreme Court · 1907
- Rowland v. WilliamsOregon Supreme Court · 1893
- Joy v. StumpOregon Supreme Court · 1887
- Ambrose v. HuntingtonOregon Supreme Court · 1899
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3Cited by30 opinions
- City of Rock Springs v. SturmWyoming Supreme Court · 1929
- Springer v. DURRETTE ET UXOregon Supreme Court · 1959
- Marvel v. Barley Mill Road HomesCourt of Chancery of Delaware · 1954
- DU VAL ET UX v. MillerOregon Supreme Court · 1956
- Evans v. HogueOregon Supreme Court · 1984
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