Tooze v. Willamette Valley Southern Ry. Co.
Oregon Supreme Court
From Clackamas: James U. Campbell, Judge. Statement by Mr. Justice Burnett. Tbis is a suit by Charles T. Tooze against tbe Willamette Valley Southern Railway Company, a corporation. The plaintiff says he is the owner of block 12 and lot 7 in block 11 in Oregon City, together with the tenements, hereditaments and appurtenances thereunto belonging.
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From Clackamas: James U. Campbell, Judge. Statement by Mr. Justice Burnett. Tbis is a suit by Charles T. Tooze against tbe Willamette Valley Southern Railway Company, a corporation. The plaintiff says he is the owner of block 12 and lot 7 in block 11 in Oregon City, together with the tenements, hereditaments and appurtenances thereunto belonging. He also avers that the premises constitute the easterly bank of the Willamette River at that point, the ordinary high-water line of which is upon tracts described. The substance of the complaint is that the plaintiff owns the property to low-water…
1Opinion of the CourtJustice Burnett
It appears from the record and is a matter of general history of the state that Dr. John McLoughlin, a British subject, settled upon what is known as the Oregon City claim prior to the passage of the act of September 27, 1850, commonly known as the “Donation Law.” "While he occupied that claim, which includes all the premises involved herein, he platted a portion of it into lots, blocks, alleys and streets. On account of his nationality he was not qualified to take under the donation law. Congress, however, confirmed to his purchasers the titles which he undertook to convey, and patents were…
2Cases cited5 opinions
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Willamette Iron Works v. Oregon Railway & Navigation Co.Oregon Supreme Court · 1894
- McQuaid v. Portland & Vancouver Railway Co.Oregon Supreme Court · 1889
- Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913
- Sandstrom v. Oregon-washington Ry. & Nav. Co.Oregon Supreme Court · 1915
3Cited by8 opinions
- State Ex Rel. State Highway Commission v. BurkOregon Supreme Court · 1954
- Morris v. City of SalemOregon Supreme Court · 1946
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- Bostwick v. HosierOregon Supreme Court · 1920
- Wyckoff v. City of SeattleWashington Supreme Court · 1962
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