Zeuske v. Zeuske
Oregon Supreme Court
From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Eakin. This is an action of ejectment by August Zeuske against Emma Zeuske, who is in possession of the premises as administratrix of the estate of Edward Zeuske, deceased, who was a son of the plaintiff.
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From Umatilla: Henry J. Bean, Judge. Statement by Mr. Justice Eakin. This is an action of ejectment by August Zeuske against Emma Zeuske, who is in possession of the premises as administratrix of the estate of Edward Zeuske, deceased, who was a son of the plaintiff. On November 19, 1897, plaintiff acquired title to the lands in dispute, consisting of 320 acres, by purchase from the First National Bank of Pendleton, for the consideration of $3,700. As a defense to the action, the defendant alleges that at that time plaintiff and his wife entered into an agreement with Edward Zeuske that, in…
1Opinion of the CourtJustice Eakin
(Mr. Justice King dissenting.)
*681. The defendant cites Section 392, B. & C. Comp, as authority for pleading an equitable title in defense of; an action of ejectment. That section is a statute of limitation, and, so far as it relates to this question, reads as follows:
“A suit shall only be commenced within the time to commence an action as provided in Chapter 2 of Title I ■of this Code; and a suit for the determination of any right or claim to or interest in real property, shall be deemed within the limitations provided for actions for the recovery of the possession of real property; * *…
2Cases cited8 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Kirk v. HamiltonSupreme Court of the United States · 1880
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Wagonblast v. WhitneyOregon Supreme Court · 1885
- Hatcher v. BriggsOregon Supreme Court · 1876
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Leadbetter v. PriceOregon Supreme Court · 1921
- Zimmerman v. Sunset Lumber Co.Oregon Supreme Court · 1910
- Owens v. ClarkSupreme Court of Oklahoma · 1936
- Schnitzer v. SteinOregon Supreme Court · 1920
- Donart v. StewartOregon Supreme Court · 1912
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