McKay v. Freeman
Oregon Supreme Court
Appeal from Washington County. This is an action to recover an estate of dower. Plaintiff is the widow of Charles McKay, deceased, who died intestate on or about the twenty-eighth day of May, 1878. McKay took six hundred and forty acres of land under the donation act, one half to himself and the other to his wife the plaintiff.
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Appeal from Washington County. This is an action to recover an estate of dower. Plaintiff is the widow of Charles McKay, deceased, who died intestate on or about the twenty-eighth day of May, 1878. McKay took six hundred and forty acres of land under the donation act, one half to himself and the other to his wife the plaintiff. The required residence and cultivation was completed on the twenty-seventh of September, 1854;. but the final proofs were not made until subsequent to his-death. On the thirtieth of April, 1865, McKay, for a valuable consideration, sold and conveyed two hundred acres…
1Opinion of the Court
By the Court, Watson, J.:
Before examining the assignments of errors set out in the notice of appeal, it is necessary for us to pass upon the objections made for the first time in this court to the sufficiency of the complaint, and to the jurisdiction of the court below over the subject-matter of this action. It has been the practice of this court to consider the objections; that the court below had not the jurisdiction of the subject-matter, and that the complaint does not state facts sufficient to constitute a cause of action or suit, whether they are assigned as errors in the notice of…
2Cases cited1 opinion
- Dolph v. NickumOregon Supreme Court · 1867
3Cited by12 opinions
- Waddill v. Anchor Hocking, Inc.Oregon Supreme Court · 2000
- Iwanicki v. State Industrial Accident CommissionOregon Supreme Court · 1922
- McClung v. McPhersonOregon Supreme Court · 1905
- Wyatt v. HendersonOregon Supreme Court · 1897
- Kesler v. NiceOregon Supreme Court · 1909
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