Stewart v. Altstock
Oregon Supreme Court
Multnomah county: L. B. Stearns, Judge. Defendant appeals. This litigation was originally commenced by the present defendant against the plaintiff herein, and was in the form of an action of ejectment to recover all of lot No. 37, and the south four-fifths of lot No. 13, in the city of Eastwood, county of Multnomah, state of Oregon.
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Multnomah county: L. B. Stearns, Judge. Defendant appeals. This litigation was originally commenced by the present defendant against the plaintiff herein, and was in the form of an action of ejectment to recover all of lot No. 37, and the south four-fifths of lot No. 13, in the city of Eastwood, county of Multnomah, state of Oregon. The defendant in that action filed his answer, substantially admitting that he was without a defense at law, but alleged that he was entitled to the interposition of a court of equity to make good his defense; and thereupon, as plaintiff, filed his cross-bill, by…
1Opinion of the CourtStrahan, C. J.
The questions presented by this appeal arise on the demurrer to the cross-bill, and to that our attention must be directed. It appears from this complaint that the real property in controversy lies within the grant made by congress to the Northern Pacific Railroad Company. By act of July 2, 1864, 13 Stat. c. 217, 365, congress incorporated the Northern Pacific Railroad Company ; and after providing for the organization of said corporation, and defining the line of its road, the third section of the act made a grant of land to aid in its construction. By this section congress granted to said…
2Cases cited17 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Hastings & Dakota Railroad v. WhitneySupreme Court of the United States · 1889
- Newhall v. SangerSupreme Court of the United States · 1876
- Buttz v. Northern Pacific RailroadSupreme Court of the United States · 1886
- Doolan v. CarrSupreme Court of the United States · 1887
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3Cited by4 opinions
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
- Miller v. WattierOregon Supreme Court · 1904
- Shively v. PennoyerOregon Supreme Court · 1895
- Warner Valley Stock Co. v. MorrowOregon Supreme Court · 1906