Warner Valley Stock Co. v. Morrow
Oregon Supreme Court
From Lake: Henry L. Benson, Judge. Statement by Mr. Justice Hailey. This is an action by the Warner Valley Stock Co., a corporation, against J. L. Morrow, to recover the possession of real property in Lake County, Oregon, described as the N. W. J of section 35 in township 39 S., range 24 E. of the Willamette Meridian. The appeal is from a judgment in favor of the plaintiff. The complaint is in the usual form.
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From Lake: Henry L. Benson, Judge. Statement by Mr. Justice Hailey. This is an action by the Warner Valley Stock Co., a corporation, against J. L. Morrow, to recover the possession of real property in Lake County, Oregon, described as the N. W. J of section 35 in township 39 S., range 24 E. of the Willamette Meridian. The appeal is from a judgment in favor of the plaintiff. The complaint is in the usual form. The answer “denies each and every allegation of the complaint except as hereinafter admitted and averred,” and then sets up as affirmative defenses (1) the statute of limitations, and…
1Opinion of the CourtJustice Hailey
1. The objection to the introduction in evidence of the certified copy of the patent of the United States to the State was noti well taken. The law is well settled that title by patent from the United States is title by record, and the delivery of the patent to the patentee is unnecessary to pass title as in the conveyance by a private person: United States v. Schurz, 102 U. S. 378 (26 L. Ed. 167); Eltzroth v. Ryan, 89 Cal. 135-139 (26 Pac. 647); Le Roy v. Clayton, 2 Sawy. 493 (Fed. Cas. No. 8,268); 26 Am. & Eng. Encyc. Law (2 ed.), 421.
2. The objection to the patent from the State to the…
2Cases cited15 opinions
- Smelting Co. v. KempSupreme Court of the United States · 1882
- United States v. SchurzSupreme Court of the United States · 1880
- Cooper v. WilderCalifornia Supreme Court · 1896
- Eltzroth v. RyanCalifornia Supreme Court · 1891
- Small v. LutzOregon Supreme Court · 1902
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3Cited by7 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
- Braun v. MathiesonSupreme Court of Iowa · 1908
- Haun v. MartinOregon Supreme Court · 1906
- Morrow v. Warner Valley Stock Co.Oregon Supreme Court · 1909
- Webster-Soule Farm v. WoodmanseeIdaho Supreme Court · 1922
2 more not listed; retrieve them via the Exa API.