Parrott v. Stewart
Oregon Supreme Court
From Baker: John W. Knowles, Judge. Statement by Mr. Justice Bean. Plaintiff, O. J. Parrott, brought this suit against John M. Stewart and R. L. Stewart, heirs of Barbara Stewart, deceased, and the Standard Oil Company, a corporation of California, and the Sumpter Valley Railway Company, a corporation, in which the City of Baker intervened, to foreclose a certificate of delinquency issued to the plaintiff for the nonpayment of certain taxes assessed against the property…
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From Baker: John W. Knowles, Judge. Statement by Mr. Justice Bean. Plaintiff, O. J. Parrott, brought this suit against John M. Stewart and R. L. Stewart, heirs of Barbara Stewart, deceased, and the Standard Oil Company, a corporation of California, and the Sumpter Valley Railway Company, a corporation, in which the City of Baker intervened, to foreclose a certificate of delinquency issued to the plaintiff for the nonpayment of certain taxes assessed against the property described in the complaint, which is situated within the corporate limits of the City of Baker, and consists of a strip of…
1Opinion of the CourtJustice Bean
1. In determining as to a dedication, the intention of the owner is the controlling factor; but the law does not seek for his undisclosed intention. It acts upon his intention as evidenced by his acts and the circumstances which he permits or encourages: 3 Dillon, Mun. Corp. (5 ed.), § 1079; Kuck v. Wakefield, 58 Or. 549 (115 Pac. 428); Hogue v. City of Albina, 20 Or. 182 (25 Pac. 386, 10 L. R. A. 673).
2. Where the situation of land is such as to indicate that it does not form'part of the highway, although, it may be alongside of the way and be used by the public, no dedication can be…
2Cases cited20 opinions
- State v. ReedSupreme Court of Kansas · 1894
- Niles v. City of Los AngelesCalifornia Supreme Court · 1899
- Shellhouse v. StateIndiana Supreme Court · 1887
- Trump v. McDonnellSupreme Court of Alabama · 1898
- Town of Marion v. SkillmanIndiana Supreme Court · 1891
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3Cited by25 opinions
- Feldman Et Ux. v. Knapp Et Ux.Oregon Supreme Court · 1952
- State Ex Rel. Thornton v. HayOregon Supreme Court · 1969
- Town of Paden City v. FeltonWest Virginia Supreme Court · 1951
- Minto v. Salem Water, Light & Power Co.Oregon Supreme Court · 1926
- MacCorkle v. City of CharlestonWest Virginia Supreme Court · 1928
20 more not listed; retrieve them via the Exa API.