Hoover v. King
Oregon Supreme Court
From Harney: Morton D. Clifford, Judge. This is an action by Newton Hoover against W. J. King and others to recover possession of the east ) of the southwest ) of section 8, township 25 south of range 35-) east, in Harney County, which plaintiff tried to recover possession of from the same defendants in an action begun in 1889, wherein he alleged in his complaint that he was the owner in fee simple and entitled to the possession of the property, and that the defendants and…
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From Harney: Morton D. Clifford, Judge. This is an action by Newton Hoover against W. J. King and others to recover possession of the east ) of the southwest ) of section 8, township 25 south of range 35-) east, in Harney County, which plaintiff tried to recover possession of from the same defendants in an action begun in 1889, wherein he alleged in his complaint that he was the owner in fee simple and entitled to the possession of the property, and that the defendants and each of them wrongfully and unlawfully withheld possession from him. The defendants answered, denying the plaintiff’s…
1Opinion of the CourtJustice Bean
*283The only question presented by this appeal is whether the judgment in the former action is a bar to this. At common law, ejectment was a mere possessory action between fictitious parties. The judgment therein did not determine the estate or interest of the parties in the property, nor did it conclusively determine the right to possession. It therefore was not a bar to another or subsequent action to recover possession of the same property: 2 Black, Jud. § 650. But in the majority of the states of the Union the common-law action has been pruned of its fiction and artificiality, and made a…
2Cases cited13 opinions
- Dawley v. . BrownNew York Court of Appeals · 1880
- Moores v. MooresOregon Supreme Court · 1899
- Oney v. ClendeninWest Virginia Supreme Court · 1886
- Hughes v. WheelerCalifornia Supreme Court · 1888
- King v. . TownshendNew York Court of Appeals · 1894
8 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Willis v. WillisWyoming Supreme Court · 1935
- Scott v. FordOregon Supreme Court · 1908
- Urbach v. UrbachWyoming Supreme Court · 1937
- Farris v. United States Fidelity and Guaranty Co.Oregon Supreme Court · 1975
- Neal v. DavisOregon Supreme Court · 1909
29 more not listed; retrieve them via the Exa API.