Hickey v. Daniel
Oregon Supreme Court
From Tillamook: George R. Bagley, Judge. Department 2. Plaintiff, Sarah Hickey, brought an action in ejectment against defendant, Clay Daniel, for the possession of a triangular piece of land claimed by plaintiff as a part of lot 6, or the N. "W. % of the S. W. % of section 6, Tp. 2 N., R. 9 W., W. M. The tract is in the possession of defendant, and is claimed by him as a part of lot 5, or the S. W. % of the N. W. % of section 6. Upon the trial of the cause before a jury, a…
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From Tillamook: George R. Bagley, Judge. Department 2. Plaintiff, Sarah Hickey, brought an action in ejectment against defendant, Clay Daniel, for the possession of a triangular piece of land claimed by plaintiff as a part of lot 6, or the N. "W. % of the S. W. % of section 6, Tp. 2 N., R. 9 W., W. M. The tract is in the possession of defendant, and is claimed by him as a part of lot 5, or the S. W. % of the N. W. % of section 6. Upon the trial of the cause before a jury, a verdict was rendered in favor of defendant. Plaintiff appeals from a judgment thereon. Plaintiff alleges, in effect,…
1Opinion of the CourtBean, J.
1. An examination of the record discloses that there was no error in refusing to grant the motion of plaintiff for a directed verdict. The real question at issue was whether the land in dispute was a part of lot 5 or a part of lot 6.
The plaintiff claims that the field-notes and official plat of plaintiff’s land indicate that the boundary line between the land of plaintiff and defendant runs due east and west; and that, while plaintiff never took actual possession of the land in dispute until within the last few years, she and her predecessors being in the actual possession of a part of the…
2Cases cited7 opinions
- Albert v. SalemOregon Supreme Court · 1901
- Askay v. MaloneyOregon Supreme Court · 1919
- Goodman v. MyrickOregon Supreme Court · 1873
- Kanne v. OttyOregon Supreme Court · 1894
- Vandusen v. ShivelyOregon Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Gwin v. CrawfordOregon Supreme Court · 1940