Phipps v. Stancliff
Oregon Supreme Court
From Douglas: J. W. Hamilton, Judge. Department 2. This is an action for the possession of lot 9 of section 33, Tp. 38 S., R. 6 W., W. M., in Douglas County, Oregon. The Circuit Court dismissed the action. Defendant appeals.
1Dissent
BURNETT, J.,
Dissenting. — In this action of ejectment wherein the plaintiff claims to be the owner in fee simple and entitled to the possession of the land *333involved and tlie defendant claims to he a homesteader in possession thereof in pursuance of an entry of the same by him in the United States land office, this court heard the case and in an opinion by Mr. Justice Bean, reported ante, p. 299 (214 Pac. 335), áffirmed the judgment of the Circuit Court dismissing the action after sustaining a demurrer to the plaintiff’s reply. The principal reason given for the opinion was that the issue…
2Cases cited11 opinions
- Northern Pacific Railway Co. v. TownsendSupreme Court of the United States · 1903
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
- Deseret Salt Co. v. TarpeySupreme Court of the United States · 1891
- Northern Pacific Railway Co. v. ElySupreme Court of the United States · 1905
- Oregon & California Railroad v. United StatesSupreme Court of the United States · 1915
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