Eugene v. Lowell
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. Department 1. Statement by Mr. Justice Burnett. This is substantially an action of ejectment brought by the City of Eugene to recover from the defendant, Susan Lowell, the possession of a tract of land, which the plaintiff claims was dedicated to the public by the defendant’s predecessors in title to be used as a park.
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From Lane: Lawrence T. Harris, Judge. Department 1. Statement by Mr. Justice Burnett. This is substantially an action of ejectment brought by the City of Eugene to recover from the defendant, Susan Lowell, the possession of a tract of land, which the plaintiff claims was dedicated to the public by the defendant’s predecessors in title to be used as a park. The answer consists of the general issue, plea of title in fee simple in the defendant, title by adverse possession, and matter designed as an estoppel of .the city to assert title. The reply traverses the answer in material particulars.…
1Opinion of the CourtJustice Burnett
1. As a foreword it may be set down that in an action at law tried by the court without a jury the findings of the trial court are equivalent to a verdict, and upon appeal the evidence will not be examined further than to ascertain if there is any of it competent to support the findings: Astoria R. R. Co. v. Kern, 44 Or. 538 (76 Pac. 14); Flegel v. Koss, 47 Or. 366 (83 Pac. 847); Seffert v. Northern Pac. Ry. Co., 49 Or. 95 (88 Pac. 962, 13 Ann. Cas. 883); Courtney v. Bridal Veil Box Factory, 55 Or. 210 (105 Pac. 896); Savage v. Salem Mills Co., 48 Or. 1 (85 Pac. 69, 10 Ann. Cas. 1065); Singer…
2Cases cited13 opinions
- Giaconi v. City of AstoriaOregon Supreme Court · 1911
- Savage v. Salem Mills Co.Oregon Supreme Court · 1906
- Harris v. HelensOregon Supreme Court · 1914
- Flegel v. KossOregon Supreme Court · 1906
- Steel v. City of PortlandOregon Supreme Court · 1892
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- McCoy v. ThompsonOregon Supreme Court · 1917
- Dayton v. JordanCoos County Circuit Court, Oregon · 2016
- Minton v. SmithSupreme Court of Oklahoma · 1924
- Weigar v. SteenOregon Supreme Court · 1916
- Hart v. DurrSupreme Court of Delaware · 1959
6 more not listed; retrieve them via the Exa API.