Crossman v. Lander
Oregon Supreme Court
Appeal from Douglas County. Crossman brought this action to recover damages from Lander, for an alleged trespass, averring that Lander entered upon respondent’s premises wrongfully, and removed therefrom a house. The appellant’s answer' admitting the entry, denies its' wrongful character, and claimed property in the house, averring that he built the bouse upon premises, to which these parties were contesting claimants under the land laws of the United States.
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Appeal from Douglas County. Crossman brought this action to recover damages from Lander, for an alleged trespass, averring that Lander entered upon respondent’s premises wrongfully, and removed therefrom a house. The appellant’s answer' admitting the entry, denies its' wrongful character, and claimed property in the house, averring that he built the bouse upon premises, to which these parties were contesting claimants under the land laws of the United States. The replication denied a contest, and averred that appellant never was a claimant of those premises. Upon trial below, the plaintiff…
1Opinion of the CourtWilson, J.
The law applicable to this case, and under which each of these parties claim to be right, is found in section 539, subdivision 1, of the Code. “ In an action for the recovery of the possession of real property, or where a claim of title or interest in real property, or right’ to the possession thereof arises upon the pleadings, or is certified by the. court to have come in question upon the trial.” If a case exhibits either of these conditions, the plaintiff is entitled to costs, and this would carry a recovery of disbursements.
The single issue raised by appellant is, that no claim of title…
2Cases cited2 opinions
- Powell v. RustNew York Supreme Court · 1850
- Radley v. BriceNew York Supreme Court · 1831
3Cited by1 opinion
- Glock v. ElgesNevada Supreme Court · 1916