Bessler v. Powder River Gold Dredging Co.
Oregon Supreme Court
From Baker: Gustav Anderson, Judge. . In Banc. On July 14,1915, the plaintiff herein began a suit to . quiet title to a small tract of land then used by him as the site of a slaughter-house, in connection with his business in conducting a meat market. The defendant, herein was a defendant in that suit.
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From Baker: Gustav Anderson, Judge. . In Banc. On July 14,1915, the plaintiff herein began a suit to . quiet title to a small tract of land then used by him as the site of a slaughter-house, in connection with his business in conducting a meat market. The defendant, herein was a defendant in that suit. The complaint was based upon allegations to the effect that in 1904, plaintiff’s predecessors in interest had entered into a contract with the holders of the legal title, for the purchase of the land, the payments therefor to be made in monthly installments; that all of the installments had…
1Opinion of the CourtBenson, J.
1, 2. This appeal presents bnt one serious question for our consideration, and that is this: Does the decree in the suit constitute a bar to plaintiff’s claim of ownership based upon adverse possession? We think not. The decree does not undertake to determine where the title lies, and gives no indication as to whether plaintiff failed to. establish his ownership under the contract of purchase, or whether he failed to establish Ms adverse holding of the premises for a period of ten years. The opinion of this court, in Bessler v. Derby, 80 Or. 518 (157 Pac. 791), holds that plaintiff had failed…
2Cases cited7 opinions
- Barrows v. KindredSupreme Court of the United States · 1867
- Mabary v. DollarhideSupreme Court of Missouri · 1889
- Barrell v. Title Guarantee Co.Oregon Supreme Court · 1895
- Kenealy v. GlosIllinois Supreme Court · 1909
- Bessler v. DerbyOregon Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Grayson v. MuckleroySupreme Court of Alabama · 1929
- Ocean Shore Railroad Co. v. DoelgerCalifornia Court of Appeal · 1960
- Manor v. StevensArizona Supreme Court · 1944
- Bessler v. Powder River Gold Dredg. Co.Oregon Supreme Court · 1919
- Ebell v. City of BakerOregon Supreme Court · 1931
8 more not listed; retrieve them via the Exa API.