Sears v. Murdock
Oregon Supreme Court
From Washington: James A. Eakin, Judge. Statement by Mr. Justice Burnett. This is an action by J. M. Sears against Emer Murdock to recover the possession of the northwest quarter of the southwest quarter of section 33, in township 2 south, range 1 west of Willamette Meridian in Washington County, Oregon.
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From Washington: James A. Eakin, Judge. Statement by Mr. Justice Burnett. This is an action by J. M. Sears against Emer Murdock to recover the possession of the northwest quarter of the southwest quarter of section 33, in township 2 south, range 1 west of Willamette Meridian in Washington County, Oregon. The defendant denied the allegations in the complaint, which is in the usual form and, for his affirmative defense, alleged that during the year 1897 the plaintiff was the owner in fee simple of the premises in dispute, and further proceeded to set up in detail certain proceedings by the…
1Opinion of the CourtJustice Burnett
Taken in its entirety, considered with the fact that the defendant offered no evidence at all at the trial, 'the answer amounts to a confession and avoidance of the plaintiff’s cause of action. The defendant asserts, affirmatively, that the plaintiff was the owner of the property, and, until the contrary is shown, it is presumed that the plaintiff continues to be such owner.
1. It is of course axiomatic in trials of title to land that a party must recover on the strength of his own title rather than upon the weakness of his adversary’s holding; but when, as in this case, a defendant admits…
2Cases cited2 opinions
- Martin v. WhiteOregon Supreme Court · 1909
- Jory v. Palace Dry Goods Co.Oregon Supreme Court · 1896
3Cited by6 opinions
- Burton v. HooverUtah Supreme Court · 1937
- Rue v. MerrillWyoming Supreme Court · 1931
- Hoskins v. DwightOregon Supreme Court · 1914
- Baltzley v. LujanNew Mexico Supreme Court · 1949
- Spradling v. GlennSupreme Court of Oklahoma · 1923
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