Duester v. Alvin
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. .Department 1. Statement by Mr. Chief Justice Moore. This is a suit by F. S. Duester and H. C. Raven, for themselves and all other persons who might wish to join them, against P. A. Alvin, for a mandatory injunction to require him to remove from his real property a building, and also to set back farther from the line of a street the foundation for another structure to be erected on the premises.
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From Multnomah: John P. Kavanaugh, Judge. .Department 1. Statement by Mr. Chief Justice Moore. This is a suit by F. S. Duester and H. C. Raven, for themselves and all other persons who might wish to join them, against P. A. Alvin, for a mandatory injunction to require him to remove from his real property a building, and also to set back farther from the line of a street the foundation for another structure to be erected on the premises. The facts are that E. Henry Womme, the owner in fee of a tract of real property in Multnomah County, Oregon, caused the land to be surveyed and platted as…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
It is contended that the complaint fails to show any legal right on the part of the plaintiffs to maintain this suit, for which reason theiro primary pleading does not state facts sufficient to entitle them to equitable interference, and that an error was committed in receiving any evidence on their part, to the introduction of all of which objections were made on that ground and exceptions saved.
1. It will be remembered that the restrictions imposed by the Overlook Land Company upon each grant of real property in Overlook Addition, except as to lots set…
2Cases cited21 opinions
- Evans v. FossMassachusetts Supreme Judicial Court · 1907
- Sharp v. RopesMassachusetts Supreme Judicial Court · 1872
- Coughlin v. BarkerMissouri Court of Appeals · 1891
- Boyden v. RobertsWisconsin Supreme Court · 1907
- Silberman v. UhrlaubAppellate Division of the Supreme Court of the State of New York · 1907
16 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Turner v. BrocatoCourt of Appeals of Maryland · 1973
- Ludgate v. SomervilleOregon Supreme Court · 1927
- Scheuer v. BrittSupreme Court of Alabama · 1928
- Kaufman v. FisherOregon Supreme Court · 1962
- Ritchie v. THOMASOregon Supreme Court · 1950
21 more not listed; retrieve them via the Exa API.