Harding v. Harding
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. Statement by Mr. Justice Moore. This is a suit by Charles Harding against Merlin Harding and others, minors, to determine an adverse claim to real property.
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From Marion: Reuben P. Boise, Judge. Statement by Mr. Justice Moore. This is a suit by Charles Harding against Merlin Harding and others, minors, to determine an adverse claim to real property. The complaint states, in effect, that the .plaintiff, Charles Harding, is the owner and in the possession of the donation land claim of Narcisse A. Cornoyer and wife, in Marion County, and that the defendants Merlin Harding and Clara Harding, who are 19 and 15 years old, respectively, claim an interest or estate in the premises adverse to plaintiff. The prayer is that they may be required to set forth…
1Opinion of the CourtJustice Moore
1. It is maintained by defendant’s counsel that a minor is incapable of making a valid claim to an estate or interest in' real property, and* though his regularly appointed guardian ■ might effect such a claim for him, because the guardian is entitled to the possession of his ward’s lands, the complaint does not allege that the defendants had such a representative, and hence the court erred in overruling the demurrer. The doctrine contended for seems to find expression in the case of Bailey v. Southwick, 6 Lans. 356, where, in speaking of some of the parties, the court say: “Three of the…
2Cases cited8 opinions
- Curtis v. SutterCalifornia Supreme Court · 1860
- Miles v. StrongSupreme Court of Connecticut · 1896
- Powell v. D. S. & G. R. R.Oregon Supreme Court · 1886
- Mutual Life Insurance v. HollodayNew York Supreme Court · 1883
- English v. SavageOregon Supreme Court · 1875
3 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Howell v. HowellOregon Supreme Court · 1915
- Anderson v. McClellanOregon Supreme Court · 1909
- Williams v. BriggsOregon Supreme Court · 1972