Skelton v. Newberg
Oregon Supreme Court
From Yamhill: Webster Holmes, Judge. Department 1. Statement by Mr. Chief Justice Moore. This is a suit by George P. Skelton against the City of Newberg, a municipal corporation, to remove a cloud from the title of real property and to enjoin the enforcement of a judgment, condemning 17.8 acres of the plaintiff’s land, with a spring thereon, and the right to all the water flowing therefrom to be used by the city and its inhabitants.
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From Yamhill: Webster Holmes, Judge. Department 1. Statement by Mr. Chief Justice Moore. This is a suit by George P. Skelton against the City of Newberg, a municipal corporation, to remove a cloud from the title of real property and to enjoin the enforcement of a judgment, condemning 17.8 acres of the plaintiff’s land, with a spring thereon, and the right to all the water flowing therefrom to be used by the city and its inhabitants. A demurrer to the complaint on the ground that it did not state facts sufficient to authorize equitable intervention was sustained, and the plaintiff declining…
1Opinion of the Court
Opinion by
Mr. Chief Justice Moore.
It will be sufficient to refer to the alleged irregularities in the condemnation action whereby it is asserted that the judgment rendered therein is invalid, without setting forth the averments of the complaint herein. Copies of the pleadings in that action are made parts of the complaint in the case at bar. In the condemnation action the complaint was in the usual form, particularly describing the land and easement sought to be appropriated, alleging that the City of Newberg was expressly empowered, by an act incorporating such municipality, to condemn…
2Cases cited23 opinions
- Kalyton v. KalytonOregon Supreme Court · 1903
- McClinton v. Pittsburg, Fort Wayne & Chicago Railway Co.Supreme Court of Pennsylvania · 1870
- Oregon R. & Nav. Co. v. TaffeOregon Supreme Court · 1913
- Robinson v. Southern California Railway Co.California Supreme Court · 1900
- State v. CasedayOregon Supreme Court · 1911
18 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Clark v. STRAINOregon Supreme Court · 1958
- State v. GanongOregon Supreme Court · 1919
- State Highway Commission v. VellaOregon Supreme Court · 1958
- Schmid v. City of PortlandOregon Supreme Court · 1917
- State v. BecknerSupreme Court of Iowa · 1924
5 more not listed; retrieve them via the Exa API.