Egan v. Finney
Oregon Supreme Court
From Marion: Reuben P. Boise, Judge. This is a suit by James Finney against William H. Egan to stay proceedings in an action at law and to determine tbe boundary between certain lands. The plaintiff; is the owner of the northern part of the Lemmon donation land claim, in Marion County, which is bounded on the north by the Albright donation land claim, owned by the defendant.
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From Marion: Reuben P. Boise, Judge. This is a suit by James Finney against William H. Egan to stay proceedings in an action at law and to determine tbe boundary between certain lands. The plaintiff; is the owner of the northern part of the Lemmon donation land claim, in Marion County, which is bounded on the north by the Albright donation land claim, owned by the defendant. In June, 1887, John Newsome, then the county surveyor of said county, at the request of the parties hereto, surveyed said boundary, and set a stone at the southeast corner of the Albright claim, found to be at the end of…
1Opinion of the CourtChief Justice Moore
1. The testimony shows that in 1849, a line having been run by a local surveyor to determine the boundary of what were afterwards designated as the Lemmon and Albright donation land claims, a fence was built part way thereon, commencing at the southeast corner of the latter claim; but thereafter the Surveyor General of Oregon, having resurveyed -said claims, located the boundary between them eight links further north, whereupon the fence was rebuilt upon the line thus established. In locating this boundary the surveyor general set a stake and raised a mound of earth at the southeast corner of…
2Cases cited5 opinions
- Spencer v. PetersonOregon Supreme Court · 1902
- Burrows v. BalfourOregon Supreme Court · 1901
- Lombard v. SmithOregon Supreme Court · 1900
- Luckey v. Lincoln CountyOregon Supreme Court · 1902
- Shaver v. AdamsOregon Supreme Court · 1900
3Cited by12 opinions
- Kohlhagen v. CardwellOregon Supreme Court · 1919
- Gallagher v. KelliherOregon Supreme Court · 1911
- Longview Fibre Co. v. JohnstonOregon Supreme Court · 1951
- Deal v. United StatesCourt of Appeals for the Ninth Circuit · 1926
- McCully v. HeaverneOregon Supreme Court · 1916
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