Hyde v. Holland
Oregon Supreme Court
Appeal from the circuit court for Multnomah county. This is a suit to quiet the title to certain parcels of land situate in Multnomah county, Oregon. The plaintiff pleads the necessary facts to bring his case within § 504, Hill's Code. The defendants all made default except Margaret and Patrick Holland. Their answer denies the plaintiff’s allegations, and then alleges that the defendant Margaret Holland is the owner and in the possession of said premises.
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Appeal from the circuit court for Multnomah county. This is a suit to quiet the title to certain parcels of land situate in Multnomah county, Oregon. The plaintiff pleads the necessary facts to bring his case within § 504, Hill's Code. The defendants all made default except Margaret and Patrick Holland. Their answer denies the plaintiff’s allegations, and then alleges that the defendant Margaret Holland is the owner and in the possession of said premises. Said answer further alleges that the defendant Margaret Holland has been in the adverse possession of the same for more than ten years next…
1Opinion of the CourtStrahan, J.
A preliminary question was presented by the appellants on the argument here, and that was that the plaintiff had no such possession as would enable him to maintain this suit under § 504, Hill’s Code. The only possession which the plaintiff shows is constructive possession, which follows the legal title, and that was held to be sufficient by this court in Thompson v. Woolf, 8 Or. 455.
2. The appellants next contend that at the time they made their deeds to the plaintiff their title to the lands was inchoate, and was not a vendible title; that inasmuch as the patent was issued to Patrick Holland…
2Cases cited8 opinions
- Wilcox v. JacksonSupreme Court of the United States · 1839
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Irvine v. MarshallSupreme Court of the United States · 1858
- Lang v. MoreySupreme Court of Minnesota · 1889
- Richards v. SnyderOregon Supreme Court · 1884
3 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Hall v. SmithOregon Supreme Court · 1974