McCully v. Heaverne
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. Statement by Me. Justice Benson. This is a suit by F. D. McCully and J. D. McCully against Elizabeth Heaverne to quiet title. The complaint is in the usual form in a suit to quiet title to a narrow strip of land a half mile long.
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From Wallowa: John W. Knowles, Judge. In Banc. Statement by Me. Justice Benson. This is a suit by F. D. McCully and J. D. McCully against Elizabeth Heaverne to quiet title. The complaint is in the usual form in a suit to quiet title to a narrow strip of land a half mile long. It alleges, in substance, that plaintiffs are now, and for many years have been, the owners in fee of the land described; that the defendant is not now, and never has been, in possession thereof, and that it is not now in the actual possession of anyone; that defendant claims and asserts an interest therein adverse to…
1Opinion of the CourtJustice Benson
1. Defendant’s first assignment of error is based upon the fact that the court permitted an amendment to the complaint after the expiration of the ten days which had been allowed in which to amend. We need only to remark that amendments of pleadings are discretionary, and there is nothing in the record disclosing any abuse of such discretion.
2. It is next contended that the court erred in denying defendant’s motion to dismiss the suit when plaintiffs rested their case in chief, for the reason that they had failed to make a prima facie one. It is needless to go into the evidence upon this…
2Cases cited4 opinions
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Egan v. FinneyOregon Supreme Court · 1903
- Gladstone Lumber Co. v. KellyOregon Supreme Court · 1913
- Caraduc v. Schanen-Blair Co.Oregon Supreme Court · 1913
3Cited by6 opinions
- Couch v. Scandinavian-American BankOregon Supreme Court · 1921
- O'GORMAN v. BakerOregon Supreme Court · 1959
- Ogilvie v. StacklandOregon Supreme Court · 1919
- Winston Bros. Co. v. GallowayOregon Supreme Court · 1941
- McCully v. HeaverneOregon Supreme Court · 1916
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