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,…
1Opinion of the CourtJustice Slater
1. The principal effort of counsel for plaintiffs, in the trial of the case in the court below, appears to have been *322directed mainly to establish that the land in question was not swamp and overflowed land, and was not thereby rendered unfit for cultivation within the intent and meaning of Act March 12,1860, c. 5, 12 Stat. 3, at the date thereof, but that the land was then, and continued to be for some years thereafter, the bed of a permanent lake, described, upon the plats of the United States survey made in 1875, as Warner Lake. But whether this land was swamp land or not is a question of…
2Cases cited41 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- Belk v. MeagherSupreme Court of the United States · 1881
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Shepley v. CowanSupreme Court of the United States · 1876
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3Cited by10 opinions
- State Highway Commission v. RawsonOregon Supreme Court · 1957
- McCarthy v. Coos Head Timber Co.Oregon Supreme Court · 1956
- Concordia Ins. v. School Dist. No. 98 of Payne CountyCourt of Appeals for the Tenth Circuit · 1930
- Temple v. OsburnOregon Supreme Court · 1910
- Keady v. MartinOregon Supreme Court · 1914
5 more not listed; retrieve them via the Exa API.