Huffman v. Smyth
Oregon Supreme Court
From Harney: George E. Davis, Judge. Statement by Mr. Justice Hailey. This is an equity suit by William D. Huffman against Fannie E. Smyth and her husband for the possession of' unsurveyed public land upon which the appellant claims to have settled with the intention of claiming the same under the homestead laws, and from which he claims to have been ousted by the respondents, and to enjoin respondents from interfering with the possession of such land.
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From Harney: George E. Davis, Judge. Statement by Mr. Justice Hailey. This is an equity suit by William D. Huffman against Fannie E. Smyth and her husband for the possession of' unsurveyed public land upon which the appellant claims to have settled with the intention of claiming the same under the homestead laws, and from which he claims to have been ousted by the respondents, and to enjoin respondents from interfering with the possession of such land. The complaint alleges the necessary qualifications of the appellant as a homesteader, and that he is the owner-of the improvements upon and…
1Opinion of the CourtJustice Hailey
The questions raised by this demurrer will be treated in their order.
1. Had the lower court jurisdiction of the subject-matter? The complaint alleges the necessary qualifications *577ox the appellant as a homesteader under the federal laws and his settlement upon and improvement of lands and personal occupation thereof to a certain time, his absence from that time, and the reason therefor, together with his intention of claiming the lands under the homestead laws when surveyed, the unlawful entry of the respondents during his absence, and their refusal to vacate, and his inability to comply with…
2Cases cited3 opinions
- Frink v. ThomasOregon Supreme Court · 1891
- Hindman v. RizorOregon Supreme Court · 1891
- Kalyton v. KalytonOregon Supreme Court · 1903
3Cited by12 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Neuberger v. United StatesCourt of Appeals for the Second Circuit · 1926
- William Kenneth Katsaris, Sheriff of Leon County, Florida v. United States of America, and Leon CountyCourt of Appeals for the Eleventh Circuit · 1982
- Fuller v. American Supply Co.Supreme Court of Alabama · 1914
- Lewis v. LewisSupreme Court of Alabama · 1917
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