Norton v. Elwert
Oregon Supreme Court
From Multnomah: Loyal B. Stearns, Judge. This is a suit by Sarah Norton against Mrs. J. B. Elwert for a mandatory injunction to compel the removal of a wall, and to recover damages resulting from its erection, involving the location and establishment of a disputed boundary line between the lands of the plaintiff and the defendant.
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From Multnomah: Loyal B. Stearns, Judge. This is a suit by Sarah Norton against Mrs. J. B. Elwert for a mandatory injunction to compel the removal of a wall, and to recover damages resulting from its erection, involving the location and establishment of a disputed boundary line between the lands of the plaintiff and the defendant. The facts are that the plaintiff is the owner of the north forty-five feet, and the defendant of the south five feet of lot three, and all lot four, in block two hundred and eighteen, situated at the northwest corner of Yamhill and West Park Streets, in the City of…
1Opinion of the Court
Opinion by
Mr. Justice Moore.
1. It is contended that, the defendant having erected the wall upon and being in possession of the locus in quo, a court of equity should not grant a mandatory injunction to compel the removal of the structure until the legal title to the premises occupied by it shall have been determined in an action at law, and that to grant the relief prayed for would be to substitute a suit in equity for an action in ejectment, thus depriving her of the constitutional right to a trial by jury. It is a familiar principle, which has existed since the origin of a court of…
2Cases cited18 opinions
- Erhardt v. BoaroSupreme Court of the United States · 1885
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Starkie v. RichmondMassachusetts Supreme Judicial Court · 1892
- Echelkamp v. SchraderSupreme Court of Missouri · 1870
- Baron v. . KornNew York Court of Appeals · 1891
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3Cited by10 opinions
- Ames v. Waterloo & Cedar Falls Rapid Transit Co.Supreme Court of Iowa · 1903
- Mary Jane Stevens Co. v. First Nat. Bldg. Co.Utah Supreme Court · 1936
- Evergreen West Business Center, LLC v. EmmertOregon Supreme Court · 2014
- McKee v. FieldsOregon Supreme Court · 1949
- Zerr v. HECETA LODGE NO. 111, IND. ORDER OF ODD F.Oregon Supreme Court · 1974
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