Moore v. Fowler
Oregon Supreme Court
From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. The plaintiff, Blanche McN. Moore, complains of J. L. Fowler, T. S. McDaniel, Hiram H. Cole, George Peterson, J. J. Fitzgerald, and George J. Cameron, charging them with trespass upon her inclosure in pursuance of a conspiracy among them.
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From Multnomah: John B. Cleland, Judge. Statement by Mr. Justice Burnett. The plaintiff, Blanche McN. Moore, complains of J. L. Fowler, T. S. McDaniel, Hiram H. Cole, George Peterson, J. J. Fitzgerald, and George J. Cameron, charging them with trespass upon her inclosure in pursuance of a conspiracy among them. The part imputed to Cameron and Fitzgerald was that the former as district attorney and the latter as his deputy, counseled the others to commit the trespass and promised them immunity from prosscution. When the plaintiff rested her case, the court entered a judgment of nonsuit as to…
1Opinion of the CourtJustice Buenett
1. It is conceded that Delashmutt and Oatman were at one time the owners of land, including the 10-acre tract in question, and that on October 10, 1885, they conveyed the tract by metes and bounds to one Hattie Murtha by a deed in which, at the end of the description of the land, occur these words:
“Containing 10 acres, reserving a strip of land off and from the west side 30 feet in width, which is dedicated for a public roadway.”
This description and reservation appears to have been used in all the conveyances by plaintiff’s predecessors in title from the Murtha deed down to plaintiff. She…
2Cases cited12 opinions
- Carter v. City of PortlandOregon Supreme Court · 1873
- Caufield v. ClarkOregon Supreme Court · 1889
- Schooling v. HarrisburgOregon Supreme Court · 1903
- Oliver v. SynhorstOregon Supreme Court · 1906
- Tillman v. PeopleMichigan Supreme Court · 1864
7 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Anderson v. RichardsOregon Supreme Court · 1921
- Duester v. AlvinOregon Supreme Court · 1915
- McCoy v. ThompsonOregon Supreme Court · 1917
- Nicholas v. Title & Trust Co.Oregon Supreme Court · 1916
- Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913
13 more not listed; retrieve them via the Exa API.