Wagner V. Wallowa County
Oregon Supreme Court
From Wallowa: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action of ejectment in the usual Code form, wherein A. M. Wagner is plaintiff and "Wallowa County, Oregon, is defendant, to recover the possession of certain realty in Wallowa County. The defendant denies all the allegations of the complaint, except its own corporate entity. It pleads that it alone is the owner in fee simple and in possession .of the property.
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From Wallowa: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice Burnett. This is an action of ejectment in the usual Code form, wherein A. M. Wagner is plaintiff and "Wallowa County, Oregon, is defendant, to recover the possession of certain realty in Wallowa County. The defendant denies all the allegations of the complaint, except its own corporate entity. It pleads that it alone is the owner in fee simple and in possession .of the property. Another defense is thus stated: ‘ ‘ That plaintiff ought not to be allowed to maintain this action, for that on or about the 7th day of…
1Opinion of the CourtJustice Burnett
A cognate question was before us in School District No. 21 of Wallowa County v. Wallowa County, 71 Or. *460337 (142 Pac. 320). in which it was decided that the conveyance from the plaintiff here to the school district, prior to any breach of the condition of the deed under which this defendant claims, was inoperative to confer title upon the grantee therein because the grantor had no estate at the time which he could convey. In the instant case the plaintiff proceeds upon the theory that his conveyance to the school district was void, and hence should be disregarded. This postulate is…
2Cases cited11 opinions
- First Universalist Society of North Adams v. BolandMassachusetts Supreme Judicial Court · 1892
- Blanchard v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Hooper v. CummingsSupreme Judicial Court of Maine · 1858
- Pepin County v. PrindleWisconsin Supreme Court · 1884
- Seeck v. JakelOregon Supreme Court · 1914
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3Cited by18 opinions
- Oklahoma City v. Local Federal Savings & Loan Ass'nSupreme Court of Oklahoma · 1943
- Halpin v. Rural Agricultural School District No. 9Michigan Supreme Court · 1923
- State ex rel. Department of Transportation v. TolkeCourt of Appeals of Oregon · 1978
- Gange Et Ux. v. HayesOregon Supreme Court · 1951
- Brill v. LynnCourt of Appeals of Kentucky · 1925
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