Parker v. Daly
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. Statement by Mr. Chief Justice Eakin. John Daly, this defendant, commenced an action in ejectment against this plaintiff, Newton J. Parker, to recover the E. y.% of the S. E.14, section 27, township 5 N., range 4 W., W. M., in Columbia County.
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From Columbia: Thomas A. McBride, Judge. Statement by Mr. Chief Justice Eakin. John Daly, this defendant, commenced an action in ejectment against this plaintiff, Newton J. Parker, to recover the E. y.% of the S. E.14, section 27, township 5 N., range 4 W., W. M., in Columbia County. Plaintiff relying upon a tax title and adverse possession, and for the purpose of recovering the value of improvements made, in case his title fails, brings this suit as a cross-bill, alleging that his remedy at law is inadequate; that he has been m possession of the premises since October 25, 1898, and has made…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
1. Daly acquired title to the premises as a homestead, the final receipt being dated April 22,1896, and the patent having been issued June 26, 1896. Plaintiff has not appealed. Therefore the only questions to be determined are whether plaintiff has a lien upon the premises for the value of the improvements, and, if so, how much are they enhanced by such improvements. C. L. Parker, plaintiff’s father, on October 25, 1898, purchased the property for taxes levied for the years 1890 and 1891, for the sum of $34.25, the amount of such taxes, costs, and penalties.…
2Cases cited4 opinions
- Pitt v. . MooreSupreme Court of North Carolina · 1888
- Hatcher v. BriggsOregon Supreme Court · 1876
- Keenan v. City of PortlandOregon Supreme Court · 1894
- Kieffer v. Victor Land Co.Oregon Supreme Court · 1908
3Cited by8 opinions
- State v. FunkOregon Supreme Court · 1921
- Stewart v. WheatleyCourt of Appeals of Maryland · 1943
- Calkins v. SmithMontana Supreme Court · 1938
- Comer v. RobertsOregon Supreme Court · 1968
- Lewis v. ChamberlainOregon Supreme Court · 1914
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