Parker v. Wolf
Oregon Supreme Court
From Benton: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action of ejectment for 2.83 acres of land, by Gertrude C. Parker against Otto Wolf, to which land the plaintiff claims title by prescription. She alleges in November, 1911, the defendant ousted her and still withholds possession of the premises, to her damage. The answer denies all the allegations of the complaint.
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From Benton: James W. Hamilton, Judge. Department 1. Statement by Mr. Justice Burnett. This is an action of ejectment for 2.83 acres of land, by Gertrude C. Parker against Otto Wolf, to which land the plaintiff claims title by prescription. She alleges in November, 1911, the defendant ousted her and still withholds possession of the premises, to her damage. The answer denies all the allegations of the complaint. The defendant, further answering, states that on October 27, 1911, he was the owner in fee and in possession of the locus in quo, and is yet such owner and entitled to have the same,…
1Opinion of the CourtJustice Burnett
The pleadings present the anomaly of each party claiming to have been ousted by the other from the possession of the land. The plaintiff gave the evidence of a large number of witnesses about the history of the holding of the tract in question, tending to show that all her predecessors in possession had claimed, *448occupied and cultivated the contested ground up to a fence forming the southern boundary of a certain county road, and rested. The defendant then moved “to withdraw the evidence submitted by the plaintiff from the jury, and strike it from the records, for the reason that it is only…
2Cases cited10 opinions
- Caufield v. ClarkOregon Supreme Court · 1889
- Skottowe v. Oregon Short Line, Ry. Co.Oregon Supreme Court · 1892
- Vance v. WoodOregon Supreme Court · 1892
- Sommer v. ComptonOregon Supreme Court · 1908
- Ferrari v. Beaver Hill Coal Co.Oregon Supreme Court · 1909
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. RichardsOregon Supreme Court · 1921
- Rude v. MarshallMontana Supreme Court · 1917
- Knecht v. SPAKEOregon Supreme Court · 1959
- Parker v. KelseyOregon Supreme Court · 1916
- McKinney v. HindmanOregon Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.