Coles v. Meskimen
Oregon Supreme Court
From Baker: Samuel White, Judge. Statement by Mr. Chief Justice Bean. This is an action of ejectment by Elizabeth S. Coles against Stephen Meskimen. The plaintiff alleges that she is the owner in fee and entitled to the immediate possession of the property, and that the defendant wrongfully and unlawfully withholds the same from her.
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From Baker: Samuel White, Judge. Statement by Mr. Chief Justice Bean. This is an action of ejectment by Elizabeth S. Coles against Stephen Meskimen. The plaintiff alleges that she is the owner in fee and entitled to the immediate possession of the property, and that the defendant wrongfully and unlawfully withholds the same from her. The answer admits the plaintiff’s legal title, denies her right to the possession and the wrongful withholding by the defendant, and affirmatively alleges that on or about the 1st day of May, 1904, the plaintiff and defendant entered into an executory contract…
1Opinion of the CourtChief Justice Bean
1. The contention of the plaintiff is that under the facts set up in the answer the defendant’s interest in the property in controversy is a mere equitable right and unavailing in an action at law. The well-established rule in this jurisdiction is that an equitable defense cannot be pleaded in an action at law, unless, perhaps, that right is given by B. & C. Comp. § 392, in actions to recover possession of real property — a question we need not now consider. "An action of ejectment involves both the right of possession and the right of property. The plaintiff in such an action must recover,…
2Cases cited13 opinions
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Killian v. EbbinghausSupreme Court of the United States · 1884
- Bigler v. BakerNebraska Supreme Court · 1894
- Cooke v. CooperOregon Supreme Court · 1889
- Whittier v. StegeCalifornia Supreme Court · 1882
8 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Coquille Mill & Tug Co. v. Robert Dollar Co.Oregon Supreme Court · 1929
- Miles v. HemenwayOregon Supreme Court · 1910
- Huszar v. Certified Realty CompanyOregon Supreme Court · 1973
- Investors Syndicate v. SmithCourt of Appeals for the Ninth Circuit · 1939
- Zeuske v. ZeuskeOregon Supreme Court · 1909
10 more not listed; retrieve them via the Exa API.