Legal Opinion

Rowland v. McCown

Oregon Supreme Court

Decided April 30, 1891PublishedCited by 7 opinions

Marion county: R. P. Boise, Judge. Defendants appeal. This is an action of ejectment to recover two small parcels of real estate situated in Marion county, Oregon, in which it is alleged that the plaintiff owns an undivided interest as a tenant in common with certain others who are named in the complaint. The complaint is in the usual form in such cases.

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Marion county: R. P. Boise, Judge. Defendants appeal. This is an action of ejectment to recover two small parcels of real estate situated in Marion county, Oregon, in which it is alleged that the plaintiff owns an undivided interest as a tenant in common with certain others who are named in the complaint. The complaint is in the usual form in such cases. The answer denies the allegations of the complaint specifically and then pleads title in the defendant C. W. McCown as to each parcel. The answer further alleges as a separate defense: That twenty-two years ago said lands were surveyed by the…

1Opinion of the CourtStrahan, C. J.

— The points argued on the appeal will be noticed in the order in which they were presented.

A map of section 7, drawn by two surveyors and testified to by them to be correct, was used upon the trial before the jury without objection; but before the plaintiff closed his case, this map was offered in evidence and allowed by the court, to which an exception was taken. Counsel for appellant argue in their brief: “A diagram or map would be a continual or constant witness always in the presence of the jury. It is the testimony of the witnesses that is the evidence, and that alone; you cannot…

2Cases cited7 opinions

  1. Archer v. New York, New Haven & Hartford RailroadNew York Court of Appeals · 1887
  2. Dyson v. New York & New England RailroadSupreme Court of Connecticut · 1888
  3. Goodwin v. McCabeCalifornia Supreme Court · 1888
  4. Spaur v. McBeeOregon Supreme Court · 1890
  5. Armendaiz v. StillmanTexas Supreme Court · 1887

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

3Cited by7 opinions

  1. Bowen v. ClarkeOregon Supreme Court · 1892
  2. Zeuske v. ZeuskeOregon Supreme Court · 1909
  3. State v. RemingtonOregon Supreme Court · 1907
  4. O'HARA v. BraceOregon Supreme Court · 1971
  5. Matthiesen v. AbataOregon Supreme Court · 1897

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

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