Legal Opinion · Dissent

State v. Pacific Live Stock Co.

Oregon Supreme Court

Decided July 22, 1919Published

From Harney: Dalton Biggs, Judge. In Banc. This is a suit brought by the státe against the defendant to set aside and cancel the deéds to about fourteen thousand acres of state lands, which had been conveyed by the state to the defendant, npon the ground of fraud. Tbe defendant appeared and filed a demurrer to the complaint, upon the ground tbat it did not £ £ state facts sufficient to constitute a cause of suit,” and also upon special grounds stated therein.

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From Harney: Dalton Biggs, Judge. In Banc. This is a suit brought by the státe against the defendant to set aside and cancel the deéds to about fourteen thousand acres of state lands, which had been conveyed by the state to the defendant, npon the ground of fraud. Tbe defendant appeared and filed a demurrer to the complaint, upon the ground tbat it did not £ £ state facts sufficient to constitute a cause of suit,” and also upon special grounds stated therein. Thereafter the demurrer was overruled. Tbe defendant then answered with a denial of the essential allegations of plaintiff’s complaint,…

1Dissent

BURNETT, J.,

Dissenting. — On April 14, 1914, the State of Oregon as plaintiff filed in the Circuit Court for Harney County its complaint whereby it sought to set aside some sales of state lands in sections 16 and 36, to which the defendant had acquired title by mesne conveyances, the ground for suit being to the effect that the original purchaser acquired title to the lands by means of false and fraudulent applications, the particulars of which are related in the complaint. The prayer was that the conveyances be set aside, that the lands be declared to be the property of the plaintiff and…

2Cases cited25 opinions

  1. Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
  2. The SirenSupreme Court of the United States · 1869
  3. Alley v. NottSupreme Court of the United States · 1884
  4. Goldtree v. SpreckelsCalifornia Supreme Court · 1902
  5. People v. MilesCalifornia Supreme Court · 1880

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