Comegys v. Hendricks
Oregon Supreme Court
From Lane: Lawrence T. Harris, Judge. This is a suit by Edna Comegys against T. G. Hendricks as executor of the last will and testament of Arthur Comegys, deceased, and Presley Comegys, to determine an adverse interest in real property, in such a decree was rendered in favor of plaintiff upon the pleadings, and defendants appeal.
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
This is an appeal by the defendants from a decree rendered against them on the pleadings in a suit to determine an adverse interest in real property.
1. It is maintained by the defendants’ counsel that, as no evidence was offered at the trial, an error was committed in granting the relief awarded, for the following allegation in the complaint, to wit, “that the said lands are vacant and unoccupied,” was denied in the answer, the prayer of which did not ask for affirmative relief, but for a dismissal of the suit. By the amendment of 1899 (Laws 1899, p. 227) the…
2Cases cited6 opinions
- Holland v. ChallenSupreme Court of the United States · 1884
- Kalyton v. KalytonOregon Supreme Court · 1903
- Coles v. MeskimenOregon Supreme Court · 1906
- McLeod v. LloydOregon Supreme Court · 1903
- Moore v. ShofnerOregon Supreme Court · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Krueger v. BrooksOregon Supreme Court · 1919
- Wood v. NoyesCourt of Appeals for the Ninth Circuit · 1922
- Hardy v. California Trojan Powder Co.Oregon Supreme Court · 1923
- Evans v. HogueOregon Supreme Court · 1984
- Evans v. HogueOregon Supreme Court · 1984