Small v. Lutz
Oregon Supreme Court
From Lake: W. C. Hale, Judge. In April, 1895, George H. Small commenced an action in the Circuit Court for Lake County against Elmer D. Lutz to recover possession of certain real property.
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From Lake: W. C. Hale, Judge. In April, 1895, George H. Small commenced an action in the Circuit Court for Lake County against Elmer D. Lutz to recover possession of certain real property. Lutz answered by alleging that he was informed and believed that he had a good defense in equity, but could not obtain full or adequate relief at law, and at the same time filed a cross complaint in which he alleges that he is in possession of the property in controversy, claiming in good faith to own it in fee; that he claims title under and by virtue of a patent from the United States issued to him on…
1Opinion of the CourtJustice Bean
1. It is clear, and is in fact admitted, that the cross bill does not state any facts requiring the interposition of a court of equity-. It is, in substance and legal effect, nothing more than an answer to the complaint in the ejectment action. It appears from the pleading that the question sought to be tried is one of legal title only, and there are no circumstances stated showing either the necessity or the right of a court of equity to interfere with the trial thereof in a legal forum. The whole con*137troversy between the parties, as appears from the pleadings and the stipulation, hinges upon…
2Cases cited6 opinions
- Reynes v. DumontSupreme Court of the United States · 1889
- Sullivan v. Portland & Kennebec RailroadSupreme Court of the United States · 1877
- Hipp v. BabinSupreme Court of the United States · 1857
- Lewis v. CocksSupreme Court of the United States · 1874
- Derry v. RossSupreme Court of Colorado · 1880
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Flaherty v. BookhultzOregon Supreme Court · 1956
- Bell v. SpainOregon Supreme Court · 1924
- Dose v. BeatieOregon Supreme Court · 1912
- Jackson v. Sumpter Valley R'y Co.Oregon Supreme Court · 1908
- Cody Lumber Co. v. CoachOregon Supreme Court · 1915
1 more not listed; retrieve them via the Exa API.