State v. Pacific Live Stock Co.
Oregon Supreme Court
From Harney: Dalton Biggs, Judge. In Banc. This is a suit brought by the státe against the defendant to set aside and cancel the deéds to about fourteen thousand acres of state lands, which had been conveyed by the state to the defendant, npon the ground of fraud. Tbe defendant appeared and filed a demurrer to the complaint, upon the ground tbat it did not £ £ state facts sufficient to constitute a cause of suit,” and also upon special grounds stated therein.
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From Harney: Dalton Biggs, Judge. In Banc. This is a suit brought by the státe against the defendant to set aside and cancel the deéds to about fourteen thousand acres of state lands, which had been conveyed by the state to the defendant, npon the ground of fraud. Tbe defendant appeared and filed a demurrer to the complaint, upon the ground tbat it did not £ £ state facts sufficient to constitute a cause of suit,” and also upon special grounds stated therein. Thereafter the demurrer was overruled. Tbe defendant then answered with a denial of the essential allegations of plaintiff’s complaint,…
1ConcurrenceHabeis, J.
I concur in the conclusion reached by Mr. Justice BeNkett; but I base my conclusion upon different grounds.
On April 10, 1914, the State of Oregon commenced this suit against the Pacific Live Stock Company for *210the avowed purpose of bringing about a cancellation of deeds covering about 26,000 acres of land, claiming that the land bad been'fraudulently acquired by “dummies.” On May 2, 1914, the defendant demurred to the complaint; and subsequently on December 31, 1914, the court overruled the demurrer. Afterwards, on February 5, 1915, the defendant filed an answer which, besides admissions and…
2Cases cited35 opinions
- Beers Ex Rel. Platenius v. ArkansasSupreme Court of the United States · 1858
- Reeside v. WalkerSupreme Court of the United States · 1851
- United States v. EckfordSupreme Court of the United States · 1868
- De Groot v. United StatesSupreme Court of the United States · 1867
- State v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1871
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