Smith v. Badura
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action of ejectment by Thomas H. Smith against Mary D. Badura and John Doe Badura, her husband. The cause was tried by the court, without the intervention of a jury, and a judgment rendered in favor of defendants, from which plaintiff appeals. The complaint is in the ordinary form in such cases.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Department 2. Statement by Mr. Justice Bean. This is an action of ejectment by Thomas H. Smith against Mary D. Badura and John Doe Badura, her husband. The cause was tried by the court, without the intervention of a jury, and a judgment rendered in favor of defendants, from which plaintiff appeals. The complaint is in the ordinary form in such cases. The answer, after denying the allegations of the complaint, sets up adverse possession for more than 10 years prior to the commencement of the action. The evidence tended to prove and the trial court found,…
1Opinion of the CourtJustice Bean
1. It is contended.on behalf of plaintiff that the defendants have not established title to the property by adverse possession, for the reason, as we understand the record, that the testimony did not show that they declared that they claimed title to the property; that they recognized the right of one Cox, who held a mortgage upon the lot for $250. In disposing of the contention as to the mortgage, it is sufficient to say that the defendants have acquired whatever right Mr. Cox had in the property.
2. The husband, Joseph Badura, was ill at the time the testimony was taken, and was not able to…
2Cases cited7 opinions
- Ambrose v. HuntingtonOregon Supreme Court · 1899
- Altschul v. O'NeillOregon Supreme Court · 1899
- Boe v. ArnoldOregon Supreme Court · 1909
- Swift v. MulkeyOregon Supreme Court · 1889
- Courtney v. Bridal Veil Box FactoryOregon Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Norgard v. Busher Et UxOregon Supreme Court · 1960
- Stark v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Springer v. DURRETTE ET UXOregon Supreme Court · 1959
- Anderson v. RichardsOregon Supreme Court · 1921
- Watts v. Spokane, P. & S. Ry. Co.Oregon Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.