Tomasini v. Taylor
Oregon Supreme Court
From Multnomah: Arthur L. Frazer, Judge. This is a suit by Alice M. Tomasini against M. M. Taylor and George E. Quiggle to enjoin a trespass.
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From Multnomah: Arthur L. Frazer, Judge. This is a suit by Alice M. Tomasini against M. M. Taylor and George E. Quiggle to enjoin a trespass. The complaint alleges, in substance, that the plaintiff is the .owner and in possession of certain real property in Multnomah County; that'the defendant M. M. Taylor owns a tract of land lying in an easterly direction from the plaintiffs, and that the defendant George E. Quiggle is in possession of certain portions of such land; that for some time past the defendants have continuously, and without permission or license, entered upon and passed over…
1Opinion of the CourtJustice Bean
This case, in our opinion, is on all fours with Smith v. Gardner, 12 Or. 221 (6 Pac. 771, 53 Am. Rep. 342), which was a suit to enjoin a trespass upon real property, wherein the defendant justified on the ground that the place where the trespass was committed was a public highway. The court held that the manifest object of the suit was to determine whether a highway existed across the lands of the plaintiff, and that equity did not have jurisdiction to try and determine that question, but plaintiff’s remedy was at law. The same question is presented here, and it is a matter of no consequence…
2Cases cited1 opinion
- Smith v. GardnerOregon Supreme Court · 1885
3Cited by7 opinions
- State Ex Rel. Kendall v. MohlerOregon Supreme Court · 1925
- Stotts v. DichdelOregon Supreme Court · 1914
- Van Buskirk v. BondOregon Supreme Court · 1908
- Milliken v. SmithSupreme Court of Oklahoma · 1926
- Barrios v. Pleasant Valley & Lake Canal Co.Supreme Court of Colorado · 1932
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