Klein v. Turner
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice Burnett. Tbe plaintiff, Adolpb Klein, alleging bimself to be tbe owner of certain described land in Douglas County, Oregon, which is not in the actual possession of any person other than himself, brings this suit to remove from the title thereof a cloud which he asserts is cast thereon by the claim of the defendant George Turner.
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From Douglas: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice Burnett. Tbe plaintiff, Adolpb Klein, alleging bimself to be tbe owner of certain described land in Douglas County, Oregon, which is not in the actual possession of any person other than himself, brings this suit to remove from the title thereof a cloud which he asserts is cast thereon by the claim of the defendant George Turner. The latter, in turn, says he is owner of the same land, and prays that the claim of the plaintiff be canceled as a cloud upon the title of the defendant George Turner. The defendant Garnet…
1Opinion of the CourtJustice Burnett
It appears that one John Suckert was the owner of the land in dispute, and from him both parties claim. The plaintiff’s right to the property rests upon (1) a mortgage executed by Suckert and wife to plaintiff October 27,1904, and recorded in the mortgage records of Douglas County November 25, 1904; and (2) a warranty deed executed by Suckert and wife to plaintiff December 27, 1904, and recorded in the deed records of that county January 3,1905. The defendant George Turner claims through a judgment entered in his favor against Suckert in an action commenced in Douglas County November 19,…
2Cases cited3 opinions
- Windsor v. McVeighSupreme Court of the United States · 1876
- Hovey v. ElliottSupreme Court of the United States · 1897
- Barrett v. JoslynnThe Superior Court of New York City · 1894
3Cited by2 opinions
- McTyer v. StearnsSupreme Court of Georgia · 1914
- Updegraff v. AdamsIdaho Supreme Court · 1946