Stuart v. Holland
U.S. Circuit Court for the District of Oregon
In Equity. Suit by Wanna Stuart against Josephine Holland and others. This suit was commenced October 9, 1884, in tlie circuit court of the state of Oregon for Marion county, under the title of John F. Miller and Win. P. Miller v. Vallier Wattier, to enjoin the maintenance of a dam across Little Pudding river, in Marion county.
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In Equity. Suit by Wanna Stuart against Josephine Holland and others. This suit was commenced October 9, 1884, in tlie circuit court of the state of Oregon for Marion county, under the title of John F. Miller and Win. P. Miller v. Vallier Wattier, to enjoin the maintenance of a dam across Little Pudding river, in Marion county. The cause was removed -to this court at once, whereupon a motion was interposed to remand, resulting in a denial thereof June 17, 1885. From that date nothing further was done until May 27, 1907, when a motion was made for a continuance of the cause in the name of the…
1Opinion of the CourtWolverton, District Judge
(after stating the1 facts as above). In the view I take of this controversy, it will be unnecessary for me to examine other than the one ground of demurrer, namely, that which relates to laches of the complainant in prosecuting her suit. The cause of suit is the same now as it was when instituted. The titles to some of the lands involved have, since the commencement of the suit, been completed by patents from the general government; yet we must assume that complainant’s predecessors had such an interest in the lands as to enable them to maintain the suit if she, as their successor, could…
2Cases cited9 opinions
- Galliher v. CadwellSupreme Court of the United States · 1892
- Johnston v. Standard Mining Co.Supreme Court of the United States · 1893
- Badger v. BadgerSupreme Court of the United States · 1865
- Townsend v. VanderwerkerSupreme Court of the United States · 1895
- O'BRIEN v. WheelockSupreme Court of the United States · 1902
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3Cited by1 opinion
- Hall v. HallMontana Supreme Court · 1924