Legal Opinion

Clark v. Bundy

Oregon Supreme Court

Decided March 16, 1896PublishedCited by 12 opinions

Appeal from Lane: J. C. Fullerton, Judge. This is an action by Lemuel A. Clark against H. Bundy and others, commenced on September eighteenth, eighteen hundred and ninety-three, to recover possession of the undivided one half of certain real property situate in Lane County, Oregon. The defendants by their answer put in issue the material allegations of the complaint, allege title in the defendant H. Bundy, and plead the statute of limitations.

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Appeal from Lane: J. C. Fullerton, Judge. This is an action by Lemuel A. Clark against H. Bundy and others, commenced on September eighteenth, eighteen hundred and ninety-three, to recover possession of the undivided one half of certain real property situate in Lane County, Oregon. The defendants by their answer put in issue the material allegations of the complaint, allege title in the defendant H. Bundy, and plead the statute of limitations. The facts which gave rise to the litigation are about as follows: The plaintiff herein and W. J. Clark are the sons of Lemuel A. Clark, sr., and Sarah…

1Opinion of the Court

Opinion by

Mr. Justice Wolverton.

1. The question of the most vital importance in the case is, when did the statute of limitations begin to run against the plaintiff? He contends that the appointment of an administrator suspends the running of the statute in favor of the true heir of the deceased until the real property is surrendered to him by order of the court, or the estate is settled and the administrator discharged, and assigns as a reason therefor that under the Code, during administration, or until the real property is surrendered by order of the court, no action for possession will lie…

2Cases cited25 opinions

  1. Howard v. PatrickMichigan Supreme Court · 1878
  2. Streeter v. PatonMichigan Supreme Court · 1859
  3. Meeks v. HahnCalifornia Supreme Court · 1862
  4. Balch v. SmithWashington Supreme Court · 1892
  5. Jones v. BillsteinWisconsin Supreme Court · 1871

20 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. State v. O'DayOregon Supreme Court · 1902
  2. DU VAL ET UX v. MillerOregon Supreme Court · 1956
  3. Evans v. HogueOregon Supreme Court · 1984
  4. Goff v. KelseyOregon Supreme Court · 1915
  5. Noon's EstateOregon Supreme Court · 1907

7 more not listed; retrieve them via the Exa API.

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