Silver v. Lee
Oregon Supreme Court
From Columbia: Thos. A. McBride, Judge. This is á suit by Joseph Silver against Wm. C. Lee for a decree establishing title in the plaintiff to a tract of land one hundred feet square, in the town of Rainier, and for the cancellation of a deed thereto: from one Mary Ann Watkins to the defendant.
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From Columbia: Thos. A. McBride, Judge. This is á suit by Joseph Silver against Wm. C. Lee for a decree establishing title in the plaintiff to a tract of land one hundred feet square, in the town of Rainier, and for the cancellation of a deed thereto: from one Mary Ann Watkins to the defendant. The facts are that on Juné 8, i§77, one George Watkins, while indebted to J. O. Hanthorn & Company, purchased the land in controversy, and caused it to: be conveyed to his wife, Mary Ann Watkins. On the twentieth of December, 1877, Hanthorn & Company commenced an action at law against Watkins, and…
1Opinion of the Court
1. It is settled law that, where the estate or interest in real property is legal in its nature, a court of equity will not assume jurisdiction at the suit of the owner to try and determine a dispute to the title, unless he is in possession, but will leave him to his remedy at law. In this case there are no special circumstances affording ground for equitable jurisdiction. The plaintiff’s title, if any, is a legal one, founded upon adverse possession. The proceedings in the action of Hanthorn & Company against Watkins gave the purchaser no title to the property, either legal or equitable.…
2Cases cited8 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Parker v. NewittOregon Supreme Court · 1890
- Robertson v. . SayreNew York Court of Appeals · 1892
- Smith v. InglesOregon Supreme Court · 1862
- In re Estes & CarterDistrict Court, D. Oregon · 1880
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Eldredge v. Mill Ditch Co.Oregon Supreme Court · 1919
- Holmes v. WolfardOregon Supreme Court · 1905
- Moore v. ShofnerOregon Supreme Court · 1902
- Elbing v. HastingsDistrict Court, D. Alaska · 1906
- Pogue v. SimonOregon Supreme Court · 1905
3 more not listed; retrieve them via the Exa API.