Hanna v. Hope
Oregon Supreme Court
From Malheur: Dalton Biggs, Judge. In Banc. Statement by Me. Justice McCamant. This is a suit brought by George W. Hanna against M. G. Hope and I. "W. Hope, to quiet the title to one hundred and sixty acres of land in Malheur County. The complaint is in the usual form.
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From Malheur: Dalton Biggs, Judge. In Banc. Statement by Me. Justice McCamant. This is a suit brought by George W. Hanna against M. G. Hope and I. "W. Hope, to quiet the title to one hundred and sixty acres of land in Malheur County. The complaint is in the usual form. The answer admits plaintiff’s ownership and denies that defendants claim any interest in the property except a lien thereon created by a mortgage for $15,000 executed and delivered to the defendants by plaintiff and Sarah Hanna, his wife, August 1, 1911. On application of the defendants, Sarah Hanna was joined as a party…
1Opinion of the CourtJustice McCamant
1. This suit is brought under Section 516, L. O. L., which is as follows:
“Any person claiming an interest or estate in real estate not in the actual possession of another may maintain a suit in equity against another who claims an interest or estate therein adverse to him, for the pur*307pose of determining such conflicting or adverse claims, interests, or estates.”
The complaint alleges that plaintiff is the owner and in possession of the real property in question and that the defendants Hope claim an interest therein. These allegations are sufficient: Zumwalt v. Madden, 23 Or. 185 (31 Pac. 400);…
2Cases cited33 opinions
- Scott v. WaltonOregon Supreme Court · 1898
- Cross v. De ValleSupreme Court of the United States · 1863
- Savage v. SavageOregon Supreme Court · 1908
- Johnson v. TaylorCalifornia Supreme Court · 1907
- Walton v. PerkinsSupreme Court of Minnesota · 1881
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3Cited by23 opinions
- Rogue River Management Co. v. ShawOregon Supreme Court · 1966
- Milton v. HareOregon Supreme Court · 1929
- Pearson v. RichardsOregon Supreme Court · 1922
- Gabel v. ArmstrongOregon Supreme Court · 1918
- Housley v. Linnton Plywood Ass'nOregon Supreme Court · 1957
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