Oregon & C. R. v. Grubissich
Court of Appeals for the Ninth Circuit
Appeal from the District Court of the United States for- the District of Oregon; R. S. Bean, Judge. „fíjeqtment by Maria de Grubissich against the Oregon & California Railroad Company. Judgment for plaintiff, and defendant appeals.
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Appeal from the District Court of the United States for- the District of Oregon; R. S. Bean, Judge. „fíjeqtment by Maria de Grubissich against the Oregon & California Railroad Company. Judgment for plaintiff, and defendant appeals. The appellee herein had brought an action of ejectment to recover the possession of certain land in the §tate of Oregon, claiming title thereto as the devisee of her grandfather, Ben' Holladay, who had died iñ 18S7. The appellant herein, being the defendant in that action, brought the present suit to enjoin the prosecution of the action at law; it claiming to be…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts- as above). The appellant relies upon'the'alleged copy of the instrument of date March 28, 1870, and contends that at the date thereof the property in controversy belonged to Ben Holladay & Co., and that, although it is not described in the copy of that instrument, it was intended to be included therein and conveyed thereby. There is no legal proof, however, that the alleged instrument was ever executed, or that it was ever seen or was in existence or was lost. The evidence offered to prove that there was such an instrument is the minutes of a meeting of the board of…
2Cases cited11 opinions
- Ricard v. WilliamsSupreme Court of the United States · 1822
- J. J. McCaskill Co v. United StatesSupreme Court of the United States · 1910
- Fletcher v. FullerSupreme Court of the United States · 1887
- Harrison v. Remington Paper Co.Court of Appeals for the Eighth Circuit · 1905
- Holtzman v. DouglasSupreme Court of the United States · 1897
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- Niederkrome v. CommissionerCourt of Appeals for the Ninth Circuit · 1958
- Branding Iron Club v. RiggsCourt of Appeals for the Tenth Circuit · 1953
- Niederkrome v. Commissioner Of Internal RevenueCourt of Appeals for the Ninth Circuit · 1959
- Western Securities Co. v. Silver King Consol. Mining Co. of UtahUtah Supreme Court · 1920
- Clapp v. WallaceSupreme Court of Iowa · 1936
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