Kelly v. Herrall

This action is brought by the plaintiff, a citizen of the state of California, to recover the possession of lot 3, in block B, in Portland Homestead. It was commenced against Jacob Fisher, a citizen of Oregon. After the cause was at issue, Fisher died, and on February 22, 1084, his death was suggested to the court and supported by the affidavit of the plaintiff’s attorney, whereupon the action, on motion of the latter, was continued against the executor of the deceased, George Herrall. This is according to the practice pre*365scribe* l in such cases by tiro Oregon Code of Civil Procedure, § 37,…