Lee v. Simonds
Oregon Supreme Court
Action of Right.—Adjourned into Supreme Court from the District Court of Linn. This suit is brought to recover possession of a certain tract of land in Linn County.
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Action of Right.—Adjourned into Supreme Court from the District Court of Linn. This suit is brought to recover possession of a certain tract of land in Linn County. The facts material to a decision of the case are as follows: 'Simonds took the claim in dispute in the fall of 1849; lived .on it the ensuing winter; started for Illinois in the spring of 1850; said he was going after his family; would bring one of his sons if his wife did not come; would return if he lived; left the claim in dispute in possession of Carroll as his agent; small field on east side of it; promised to write Carroll…
1Opinion of the CourtWilliams, C. J.
These facts show that Lee took possession of the land in dispute in the fall of 1850; but Simonds says that he was then “residing upon and cultivating” said land, and, therefore, Lee’s possession was wrongful as against him. Was Simonds residing upon and cultivating the land in dispute in the fall of 1850, within the meaning of the donation act ? If he was there, his claim is prior in time and paramount in right to the claim of Lee, but if he was not, then Lee’s possession, commencing in 1850, must be preferred to the possession of Simonds, commencing in 1851. Simonds and his family were in…
2Cases cited2 opinions
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3Cited by2 opinions
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