Dolph v. Barney
Oregon Supreme Court
Appeal from Polk County. This was an action of ejectment brought by respondent Dolph to recover possession of nine hundred and twelve acres of land, situated in Polk County, Oregon. The opinion of the court contains a digest of the pleadings.
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Appeal from Polk County. This was an action of ejectment brought by respondent Dolph to recover possession of nine hundred and twelve acres of land, situated in Polk County, Oregon. The opinion of the court contains a digest of the pleadings. A cross-bill was filed in the court below, which, after setting forth various matters of inducement, alleged that a decree in a certain suit, wherein one Scovell was plaintiff and ODe Barney was defendant, and by which a certain deed hereinafter to be described was declared void, was procured through fraud and perjury. This cross-bill was stricken out on…
1Opinion of the Court
By the Court,
McArthur, J.:
This was an action of ejectment brought by Dolph against Barney and Holman, to recover possession of nine hundred and twelve acres of land in Polk County, and particularly described in the complaint. It is alleged that Dolph is the owner in fee-simple of an undivided five-eighths of the premises described, as tenant in common with one Mitchell, who is the owner of the remaining three-eighths, and that he, Dolph, is entitled to immediate possession as against *201Barney and Holman, who wrongfully withhold possession from him. Holman answered separately, that he had no…
2Cases cited25 opinions
- Fletcher v. PeckSupreme Court of the United States · 1810
- Gibson v. ChouteauSupreme Court of the United States · 1872
- Stark v. StarrsSupreme Court of the United States · 1868
- MEREDITH v. United StatesSupreme Court of the United States · 1839
- Rutherford v. Greene's HeirsSupreme Court of the United States · 1817
20 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Morrill v. MorrillOregon Supreme Court · 1890
- Hill v. Tualatin AcademyOregon Supreme Court · 1912
- Churchill v. MeadeOregon Supreme Court · 1919
- State v. MorrowOregon Supreme Court · 1937
- Willamette Real Estate Co. v. HendrixOregon Supreme Court · 1895
26 more not listed; retrieve them via the Exa API.