Center v. Cady
Court of Appeals for the Ninth Circuit
Appeal from the Circuit Court of the United States for the Western Division of the Western District of Washington. Bill by Cliolett Cady against Lewis W. Center. Complainant having dismissed his bill without prejudice, and a demurrer having been sustained to defendant’s cross-bill for want of equity, and the bill dismissed, defendant appeals.
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Appeal from the Circuit Court of the United States for the Western Division of the Western District of Washington. Bill by Cliolett Cady against Lewis W. Center. Complainant having dismissed his bill without prejudice, and a demurrer having been sustained to defendant’s cross-bill for want of equity, and the bill dismissed, defendant appeals. In December, 1909, the appellee filed his bill to quiet title to a 23-acre tract of land, alleging that he owned the land and had paid taxes thereon for the last seven years; that in 1901 he had brought an action of ejectment against the appellant to…
1Opinion of the CourtGilbert, Circuit Judge
(after stating the facts as above). The facts as disclosed in the cross-bill are that for more than 10 years before the commencement of the suit the appellant had been in possession of about 40 acres of land contained in a single inclosure; that he owned the south 20 acres thereof, and thereon had constructed his buildings and improvements; that in 1901 the appellee brought ejectment to recover the north 23 acres, and in 1903 obtained a judgment for the possession thereof; that in the- following year a writ of possession was issued and executed, by the return of which, upon its face, the…
2Cases cited2 opinions
- May v. SutherlinWashington Supreme Court · 1906
- Ramsey v. WilsonWashington Supreme Court · 1909
3Cited by2 opinions
- Milwee v. WaddletonCourt of Appeals for the Ninth Circuit · 1916
- Bryan v. ChristiansonSupreme Court of Iowa · 1920