Haun v. Martin
Oregon Supreme Court
From Wallowa: Robert Eakin, Judge. Statement by Mr. Ciiiee Justice Bean. Haun in an action at law brought by Edward J. Martin against him to recover the possession of real property.
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From Wallowa: Robert Eakin, Judge. Statement by Mr. Ciiiee Justice Bean. Haun in an action at law brought by Edward J. Martin against him to recover the possession of real property. From the allegations of the bill it appears that the land in controversy was entered by Lucy J. Martin under the timber culture act of the United States, but before complying with the provisions thereof, so as to entitle her to a patent, Mrs. Martin died without property, leaving as her heirs the defendant and his two sisters. One of the sisters was subsequently appointed administratrix of Mrs. Martin’s estate,…
1Opinion of the CourtChief Justice Bean
1. Upon the death of a timber culture claimant, before performance by him of the conditions precedent to obtaining title from the government, his heirs succeed to the claim, and may obtain a patent therefor in their own name by proof of full performance by them and their ancestor of the required con*307ditions, but in such caso they take directly as donees of the government, and not by inheritance: Kelsay v. Eaton, 45 Or. 70 (76 Pac. 770, 106 Am. St. Rep. 662); Warner Valley Stock Co. v. Morrow, 48 Or. 258 (86 Pac. 369). Wien, therefore, Mrs. Martin died, her interest in her timber culture claim…
2Cases cited5 opinions
- S. B. Page & Co. v. SmithOregon Supreme Court · 1886
- Junction Railroad v. HarpoldIndiana Supreme Court · 1862
- Warner Valley Stock Co. v. MorrowOregon Supreme Court · 1906
- Kelsay v. EatonOregon Supreme Court · 1904
- Whiteaker v. BeltOregon Supreme Court · 1894
3Cited by12 opinions
- Security Savings & Trust Co. v. Portland Flour Mills Co.Oregon Supreme Court · 1927
- Homer v. LesterSupreme Court of Oklahoma · 1923
- McGregor v. Oregon R. & N. Co.Oregon Supreme Court · 1908
- Reed v. Commercial InsuranceOregon Supreme Court · 1967
- First National Bank v. StretcherOregon Supreme Court · 1942
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