French v. Cresswell
Oregon Supreme Court
Morrow County. Defendant Cresswell appeals. A complaint must set forth an inclosure, built in substantial compliance with this law, or there can be no trespass of cattle.
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Morrow County. Defendant Cresswell appeals. A complaint must set forth an inclosure, built in substantial compliance with this law, or there can be no trespass of cattle. (Campbell v. Bridwell, .5 Or. 311.). Before proof of compliance with the requirements of the laws of the United States, and the issuing of the final certificate, one who has filed a declaratory statement is a mere squatter, and is in possession of just so much land as tie or she has actually reduced to possession and segregated from the body of public lands by inclosure or actual, visible, and notorious boundaries and…
1Opinion of the CourtThayer, J.
The respondent commenced an action against the appellant and one P. C. Thompson, in the Justice’s Court for Heppner precinct, then Umatilla County, Oregon. She alleged in her complaint in said action the following: 1. “That at all the times hereinafter mentioned in this complaint, plaintiff was in possession of and entitled to the possession of the following de*421scribed parcels of real estate, to wit: The south half of the south-west quarter, north-west quarter of the southwest quarter of section 9, and the north-east half of the south-east quarter of section 8, township 8, south of range 28…
2Cases cited2 opinions
- Rounds v. . Del., Lack. West. R.R. Co.New York Court of Appeals · 1876
- Campbell v. BridwellOregon Supreme Court · 1874
3Cited by18 opinions
- Smith v. PallayOregon Supreme Court · 1929
- Montgomery v. SomersOregon Supreme Court · 1907
- Bileu v. PaisleyOregon Supreme Court · 1889
- Pacific Livestock Co. v. MurrayOregon Supreme Court · 1904
- Strickland v. GeideOregon Supreme Court · 1897
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