Phillippi v. Thompson
Oregon Supreme Court
Appeal from Multnomah County. This is an action of ejectment. The respondent alleges that she is the owner and is entitled to the possession of the premises described, and prays for their possession. Tbe appellant denies tbe allegations of tbe complaint. The jury returned a verdict in tbe respondent’s favor for a part of tbe premises described. The respondent bad judgment upon this verdict, and the appellant appeals.
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Appeal from Multnomah County. This is an action of ejectment. The respondent alleges that she is the owner and is entitled to the possession of the premises described, and prays for their possession. Tbe appellant denies tbe allegations of tbe complaint. The jury returned a verdict in tbe respondent’s favor for a part of tbe premises described. The respondent bad judgment upon this verdict, and the appellant appeals. On tbe trial, tbe respondent offered in evidence the United States patent to tbe Couch claim, which assigns the south half of the claim to Caroline Couch. It was also shown that…
1Opinion of the Court
By the Court,
Boise, J.:
In this case it was incumbent on the plaintiff to show *433that she had a legal estate in the property and a present right to the possession. (Civ. Code, sec. 313.) This she attempted to do: 1. By producing the patent of the heirs of Couch, the original proprietor; and a confirmatory deed from her to plaintiff, to which we see no objection; 2. By producing evidence tending to prove that she, and those under whom she claimed, had been in adverse possession for twenty years; and we think the evidence was sufficient to make a prima facie case in her favor; and, therefore, the…
2Cases cited1 opinion
- Wilson v. Williams' HeirsMississippi Supreme Court · 1876
3Cited by2 opinions
- Altschul v. CaseyOregon Supreme Court · 1904
- U.S. Bank National Ass'n v. WrightCourt of Appeals of Oregon · 2012