Ogilvie v. Stackland
Oregon Supreme Court
From Multnomah; Dalton Biggs, Judge. Department 2. This is an action for damages for the breach of a covenant of warranty in a deed. The cause was tried by the court without the intervention of a jury. Findings of fact and conclusions of law were made and a judgment was rendered in favor of the defendants. Plaintiff appeals.
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From Multnomah; Dalton Biggs, Judge. Department 2. This is an action for damages for the breach of a covenant of warranty in a deed. The cause was tried by the court without the intervention of a jury. Findings of fact and conclusions of law were made and a judgment was rendered in favor of the defendants. Plaintiff appeals. The facts involved in this case are substantially as follows: On July 28, 1908, defendants conveyed to plaintiff by deed, with the usual covenant of warranty, real property in Union County, Oregon, described as follows: northwest quarter of southwest quarter, section 23,…
1Opinion of the CourtBean, J.
The question in dispute involves the location of the subdivision line between the southeast quarter of the northeast quarter, and the southwest quarter of the northeast quarter of section twenty-two (22), township three (3) south, range 40 east, W. M. in so far as it borders on the west of the twenty acre tract described.
„ Defendant pleaded, to the effect, that this line was surveyed, located and established more than thirty years prior to the time defendants sold and conveyed to the plaintiff the lands mentioned and described in plaintiff’s complaint herein; and that a line fence of rails…
2Cases cited6 opinions
- School District No. 30 v. Alameda Construction Co.Oregon Supreme Court · 1917
- Egan v. FinneyOregon Supreme Court · 1903
- City of Seaside v. Oregon Surety & Casualty Co.Oregon Supreme Court · 1918
- Burrows v. BalfourOregon Supreme Court · 1901
- Britt v. MarksOregon Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Carstensen v. BrownWyoming Supreme Court · 1925
- Drury Et Ux v. PekarOregon Supreme Court · 1960
- Harris Et Ux v. BackusOregon Supreme Court · 1958
- Hill v. Hill Et Ux.Oregon Supreme Court · 1928
- Robertson v. MartinOregon Supreme Court · 1919