Legal Opinion

Starr v. Stark

U.S. Circuit Court for the District of Oregon

Decided May 8, 1874PublishedCited by 1 opinion

The complainant and his grantors having been for many years in possession of lots one and two, and the north half of lot four, in block eighty-one, in the city of Portland, the premises in controversy, the defendant Benjamin Stark, on December 22, 1868, commenced an action on the law side of the court for their recovery, in which judgment for the possession thereof was rendered in favor of said Stark.

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The complainant and his grantors having been for many years in possession of lots one and two, and the north half of lot four, in block eighty-one, in the city of Portland, the premises in controversy, the defendant Benjamin Stark, on December 22, 1868, commenced an action on the law side of the court for their recovery, in which judgment for the possession thereof was rendered in favor of said Stark. February 15, 1870. [Case No. 13,-307.] The complainant [Lewis M. Starr] then filed this bill in equity, setting uji what he claims to be a good, equitable title to the premises as against…

1Opinion of the Court

SAWYER, Circuit Judge.

The order of discussion pursued by counsel will be followed, and the question presented by the answer of a former adjudication first disposed of. It is not pretended by defendant’s counsel that the cause of action now relied upon was, in fact, put in issue, litigated and determined in the former action; but it is insisted that it might, and therefore ought, to have been so presented. litigated and adjudged; and, this being the case, that the decree in that action is just as conclusive as if it had been so determined. It is conceded that the ground of relief now relied on…

2Cases cited4 opinions

  1. Caperton v. SchmidtCalifornia Supreme Court · 1864
  2. Mulford v. Le FrancCalifornia Supreme Court · 1864
  3. Kimball v. SempleCalifornia Supreme Court · 1864
  4. Doe v. RoeNew York Supreme Court · 1800

3Cited by1 opinion

  1. Upper Columbia River Towing Co. v. Glens Falls Insurance Co.District Court, D. Oregon · 1959

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