McDowell v. Carothers
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 2. Statement by Me. Justice Bean. This is a suit by H. C. McDowell against B. L. Carotbers to determine a dispute concerning the location of the boundary lines between the land of plaintiff and the adjacent property of the defendant. The court rendered a decree as prayed for by the plaintiff. From this the defendant appeals.
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From Marion: William Galloway, Judge. Department 2. Statement by Me. Justice Bean. This is a suit by H. C. McDowell against B. L. Carotbers to determine a dispute concerning the location of the boundary lines between the land of plaintiff and the adjacent property of the defendant. The court rendered a decree as prayed for by the plaintiff. From this the defendant appeals. The plaintiff’s land, as alleged in his complaint, is described as follows: “Beginning at a point on the south line of the donation land claim of James Pritchett and wife, 20.70 chains north 68° 30' west from the southeast…
1Opinion of the CourtJustice Bean
1. It is contended by counsel for defendant that the real issue in this case is to determine the title to the land between the disputed lines, and that a court of equity has no jurisdiction to try the case. Section 518, L. O. L., authorizes a suit to be maintained to determine a- controversy between two or more owners of adjacent lands concerning the boundary lines thereof. Section 519 provides that the complaint in such suit shall be sufficient, if it appears therefrom that the plaintiff and defendant are the owners of adjacent lands, part of which is in the county, and that there is a…
2Cases cited14 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- Kitcherside v. MyersOregon Supreme Court · 1881
- Albert v. SalemOregon Supreme Court · 1901
- Moore v. StewartTexas Supreme Court · 1887
- King v. BrighamOregon Supreme Court · 1890
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3Cited by13 opinions
- Hardt v. OrrNebraska Supreme Court · 1942
- Kincaid v. PetersonOregon Supreme Court · 1930
- Smith v. BrownCourt of Appeals for the Fifth Circuit · 1925
- McRae v. HamerSupreme Court of South Carolina · 1929
- Huson v. Portland & Southeastern Railway Co.Oregon Supreme Court · 1922
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