Kelsay v. Eaton
Oregon Supreme Court
Prom Sherman: W. L. Bradshaw, Judge. This is a suit by B. S. Kelsay against Alexander Eaton and others to quiet the title to real property.
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Prom Sherman: W. L. Bradshaw, Judge. This is a suit by B. S. Kelsay against Alexander Eaton and others to quiet the title to real property. The facts are that, under the provisions of the timber culture act of the United States, one J. H. Eaton entered 80 acres of land in Sherman County; that, before making final proof, he died unmarried, and without issue, having devised all his real a'nd personal property to plaintiff, who was named as his executor; that the will was admitted to probate in that county, and letters testamentary were issued to plaintiff, who, having duly qualified, made such…
1Opinion of the CourtChief Justice Moore
The question presented by this appeal is whether an entryman under the timber culture act of the United States, before receiving a final certificate, has a devisable interest in the land. The amendatory act of Congress approved *73June 14, 1878 (20 Stat. U. S. 113, c. 190), prescribing the method of securing the title to public land under the timber culture act, so far as deemed material herein, is as follows :
“Section 1. That any person who * * has arrrived at the age of twenty-one years, and is a citizen of the United States * * who shall plant, protect, and keep in a healthy, growing…
2Cases cited5 opinions
- Cooper v. WilderCalifornia Supreme Court · 1896
- Warnecke v. LembcaIllinois Supreme Court · 1873
- Cox v. CurwenMassachusetts Supreme Judicial Court · 1875
- Church v. AdamsOregon Supreme Court · 1900
- Cutting v. CuttingUnited States Circuit Court · 1881
3Cited by6 opinions
- Walker v. EhresmanNebraska Supreme Court · 1907
- Braun v. MathiesonSupreme Court of Iowa · 1908
- Haun v. MartinOregon Supreme Court · 1906
- Parr v. United StatesU.S. Circuit Court for the District of Oregon · 1907
- Warner Valley Stock Co. v. MorrowOregon Supreme Court · 1906
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