Boyer v. Anduiza
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. This is an action of trespass quare clausum fregit. The cause was tried to the court and a jury resulting in a verdict and judgment for plaintiff. Defendant appeals.
1Opinion of the CourtBean, J.
The plaintiff in his complaint claims damages, by defendant’s sheep, to the grass, verdure and forage growing on 320 acres of land in Malheur County, during September, 1917.
The defendant denies the complaint, but further pleads that his sheep necessarily passed over the lands from one range to another without doing damage. As stated by the learned counsel for defendant, the case turns upon the question of the plaintiff’s possession, actual, or constructive.
Plaintiff leased the lands for the year 1917, of Mrs. Ella Woodruff, the widow and administratrix of the estate of the late owner of which…
2Cases cited2 opinions
- Mast v. Sapp.Supreme Court of North Carolina · 1906
- Byrne v. Van HoesenNew York Supreme Court · 1809
3Cited by9 opinions
- Hostetler v. EcclesOregon Supreme Court · 1924
- In Re Witherill's EstateOregon Supreme Court · 1946
- Willamette Quarries, Inc. v. WodtliCourt of Appeals of Oregon · 1988
- Robert Lloyd Sheet Metal, Inc. v. Sheet Metal Workers' International Ass'n, Local Union 16Oregon Supreme Court · 1997
- Phillips v. RathboneCourt of Appeals of Oregon · 2004
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