Huffman v. McDaniel
Oregon Supreme Court
Error to Jackson. Larkin McDaniel, on the 25th day of August, 1858, brought suit in the late District Court, for the county of Jackson, to recover the possession of about two acres of land, upon which is situated a flouring-mill and blacksmith’s shop. The premises are a part of the land claim of the plaintiff, and the action is in the nature of an ejectment, and brought under the statute to “Recover the Possession of Real Property.”
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Error to Jackson. Larkin McDaniel, on the 25th day of August, 1858, brought suit in the late District Court, for the county of Jackson, to recover the possession of about two acres of land, upon which is situated a flouring-mill and blacksmith’s shop. The premises are a part of the land claim of the plaintiff, and the action is in the nature of an ejectment, and brought under the statute to “Recover the Possession of Real Property.” Huffman, answering, denies the right of the plaintiff to the possession of the premises; and claims a right of possession in himself, under a lease executed to…
1Opinion of the CourtPer Wait, C. J.
This cause is brought here by writ of error. The errors assigned are:
1st. “ The court erred in sustaining the demurrer of the ■said Larkin McDaniel to the first answer of the said Huffman ; that the date in the contract can be supplied at law.”
2d.' “ The complaint of the said Larkin McDaniel is insufficient in law for him to have and maintain this action •against the said Jacob Huffman; that the complaint claims *261two thousand dollars damages for the detention of the land described in the complaint, without specifying the time the said Huffman detained the land in dispute, or the value of the…
2Cited by6 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Moore v. West Lawn Memorial Park, Inc.Oregon Supreme Court · 1973
- Natwick v. MoyerOregon Supreme Court · 1945
- Scandinavian-American Bank v. Went-Worth Lumber Co.Oregon Supreme Court · 1921
- Lowther v. LawrenceOhio Supreme Court · 1833
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