Newsom v. Greenwood
Oregon Supreme Court
Appeal from Marion County. This was an action of ejectment, in which Newsom was plaintiff, and Greenwood defendant. Plaintiff filed his complaint, claiming a certain parcel of land in what is known as the Wesley Shannon Donation Claim, and also the sum of one hundred and seventy-five dollars as damages.
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Appeal from Marion County. This was an action of ejectment, in which Newsom was plaintiff, and Greenwood defendant. Plaintiff filed his complaint, claiming a certain parcel of land in what is known as the Wesley Shannon Donation Claim, and also the sum of one hundred and seventy-five dollars as damages. The answer denies the ownership of plaintiff, and alleges that on March 9, 1865, the defendant purchased of one William Helm the south half of the prairie and south half of the timber land on said donation claim; that, by mistake, the deed from Helm to defendant was drawn for the south half…
1Opinion of the Court
By the Court,
‘McArthur, J.:
Two questions are presented in this case: the one touching the jurisdiction of the Circuit Court; the other, touching the sufficiency of the testimony. After issue joined, and while this cause was pending in the Court below, the amendment to § 93 of the Code,—-which amendment was couched in the following language: “A material allegation in a pleading is one essential to the claim or defense, and which could not be stricken from the pleadings without leaving it insufficient. When the facts stated in the pleadings present a case cognizable in a Court of law, the case…
2Cases cited2 opinions
- Bedford v. ShillingSupreme Court of Pennsylvania · 1818
- Bates v. StearnsNew York Supreme Court · 1840
3Cited by19 opinions
- Smith v. KellyOregon Supreme Court · 1893
- L. B. Menefee Lumber Co. v. GambleOregon Supreme Court · 1925
- Inland Navigation Co. v. ChambersOregon Supreme Court · 1954
- Smith v. CramOregon Supreme Court · 1925
- Campbell v. Iron-Silver Min. Co.Court of Appeals for the Eighth Circuit · 1897
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