Rasmussen v. Winters
Oregon Supreme Court
From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Burnett. The plaintiffs are tbe children and widow of Hans .Rasmussen, who died intestate August 16, 1906, and who, they say, purchased from one Swan on March 16, 1906, the northwest quarter of the northwest quarter of section 9, township 7 north, range 9 west of the .Willamette. Meridian, in Clatsop County, Oregon.
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From Clatsop: James A. Eakin, Judge. In Banc. Statement by Mr. Justice Burnett. The plaintiffs are tbe children and widow of Hans .Rasmussen, who died intestate August 16, 1906, and who, they say, purchased from one Swan on March 16, 1906, the northwest quarter of the northwest quarter of section 9, township 7 north, range 9 west of the .Willamette. Meridian, in Clatsop County, Oregon. They aver that said grantor for ten years prior thereto was the owner in fee and in the adverse possession against all the world of the whole of the property described in the complaint and at issue, and deraign…
1Opinion of the CourtJustice Burnett
The position of the plaintiffs in this court is that, although the suit was tried as one to quiet title, yet the complaint did not state enough to give the Circuit Court jurisdiction thus to determine the issue, and that *678now they are entitled to urge on appeal that it is really a proceeding to determine a disputed boundary; while the defendants contend that the complaint is sufficient as for a suit to quiet title, and that, having been tried as such by the plaintiffs, they cannot now change front or mend their hold, but must be bound by the same theory in this court., 1. As “said in Talbot v.…
2Cases cited10 opinions
- Ward v. Queen City Ins.Oregon Supreme Court · 1914
- Jasperson v. ScharnikowCourt of Appeals for the Ninth Circuit · 1907
- Wyatt v. HendersonOregon Supreme Court · 1897
- Oregon v. DavisOregon Supreme Court · 1903
- Mattis v. HosmerOregon Supreme Court · 1900
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3Cited by3 opinions
- Friberg v. ElrodOregon Supreme Court · 1930
- Drury Et Ux v. PekarOregon Supreme Court · 1960
- State Department of Fish & Wildlife v. KortgeCourt of Appeals of Oregon · 1987