Morrow v. Warner Valley Stock Co.
Oregon Supreme Court
From Lake: Henry L. Benson, Judge. Statement by Mr. Justice Slater. On October 7, 1905, the defendant, a corporation, brought an action of ejectment against the plaintiffs herein to recover the possession of Section 33, Township 39 S., Range 24 E., W. M., situate in Lake County. It claims title to said lands by direct and mesne conveyances from the State as swamp land, granted to it by Act of Congress March 12, 1860, c. 5, 12 Stat. 3 (Rev. St. U. S. 2490 [U. S. Comp.
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From Lake: Henry L. Benson, Judge. Statement by Mr. Justice Slater. On October 7, 1905, the defendant, a corporation, brought an action of ejectment against the plaintiffs herein to recover the possession of Section 33, Township 39 S., Range 24 E., W. M., situate in Lake County. It claims title to said lands by direct and mesne conveyances from the State as swamp land, granted to it by Act of Congress March 12, 1860, c. 5, 12 Stat. 3 (Rev. St. U. S. 2490 [U. S. Comp. St. 1901, p. 1591]). The plaintiffs herein, having no defense at law, filed a cross-bill in equity against the defendant,…
1DissentJustice King
delivered the following dissenting opinion.
—17. I concur in the foregoing opinion, except that part thereof denying the right of plaintiff to have included in the decree in his favor all of lots 9, 10, 11, and 12, *351of section 33, township 39 S., range 24 E., W. M., conveyed by J. A. Morrow to plaintiff, with reference to which I feel impelled to record my dissent.
From plaintiff’s testimony it appears that J. A. Morrow, while in possession of the land described as a preemptor, sold all his rights therein to Jack Rice, and removed from the premises, but subsequently returned, took possession…
2Cases cited17 opinions
- Whitney v. TaylorSupreme Court of the United States · 1895
- Ard v. BrandonSupreme Court of the United States · 1895
- Tarpey v. MadsenSupreme Court of the United States · 1900
- Moran v. HorskySupreme Court of the United States · 1900
- Duluth & Iron Range Railroad v. RoySupreme Court of the United States · 1899
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