Legal Opinion

Goodwin v. Morris

Oregon Supreme Court

Decided March 15, 1881PublishedCited by 14 opinions

Appeal from Umatilla, The facts are stated in the opinion. The statute of limitations commences to ran1 from the time,,, the possession becomes adverse. (11 Peters, 41, 52; 9 N. Y. 329; 35 Mo., 197; 49 Mo., 399; 54 Mo.. 315.) Where there has been continuity of possession, the time of all adverse claimants may be taken together, and the vendee can, plead possession in a vendor a a defense. (Code, see. 1; 5 Met., 15; 17 Am.

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Appeal from Umatilla, The facts are stated in the opinion. The statute of limitations commences to ran1 from the time,,, the possession becomes adverse. (11 Peters, 41, 52; 9 N. Y. 329; 35 Mo., 197; 49 Mo., 399; 54 Mo.. 315.) Where there has been continuity of possession, the time of all adverse claimants may be taken together, and the vendee can, plead possession in a vendor a a defense. (Code, see. 1; 5 Met., 15; 17 Am. Pec,,, A:9; 13 Id., 320;9 Id., 890.) The warranty of title by a vendor only extends to the boundaries of the ate. Contracts are governed by the lex contractus. (2 1 S.…

1Opinion of the Court

By the Court,

Watson, J.;

This action was commenced and meJ into justice are for Pendleton precinct, Umatilla county, Oregon. 7f undent there obtained judgment, and the case upper led to-the circuit court for said comity. The was tried there by a jury, and respondent again oto.lined a judgment, fam which an appeal has been taken to this court.

It appears that appellant obtained possession to mare, about the 1st September, 187, and kept possession of her from that date, in aid county, claiming her property, until in November, 1878, when he sold and doirco to respondent together with vole which…

2Cases cited1 opinion

  1. Lincoln v. BattelleNew York Supreme Court · 1831

3Cited by14 opinions

  1. Scott v. FordOregon Supreme Court · 1908
  2. DeVall v. DeVallOregon Supreme Court · 1910
  3. Shasta View Irrigation District v. Amoco Chemicals Corp.Oregon Supreme Court · 1999
  4. Evans v. FinleyOregon Supreme Court · 1941
  5. Casner v. HoskinsOregon Supreme Court · 1912

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