Chauncey v. Wollenberg
Oregon Supreme Court
From Douglas: George H. Burnett, Judge. Statement by Mr. Justice Moore. This is a suit by George H. Chauncey against H. Wollenberg and others to partition land. The facts are that pursuant to an act of Congress the United States granted to Aaron Rose and to his heirs the north half of a donation land claim in Douglas County, and to his wife, Sarah Rose, and to her heirs, the south half thereof.
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From Douglas: George H. Burnett, Judge. Statement by Mr. Justice Moore. This is a suit by George H. Chauncey against H. Wollenberg and others to partition land. The facts are that pursuant to an act of Congress the United States granted to Aaron Rose and to his heirs the north half of a donation land claim in Douglas County, and to his wife, Sarah Rose, and to her heirs, the south half thereof. Mrs. Rose died December 15, 1866, seised of the land so granted to her, except such parts thereof as she and her husband had conveyed, which tracts are not involved herein. At her death she left…
1Opinion of the CourtJustice Moore
The trial court found, in effect, that immediately after the death of his wife, Aaron Rose took possession of all the property of which she died seised, claiming and intending to hold the premises exclusively as his own, ousting and excluding all persons therefrom, including plaintiff; that he conveyed lots, blocks, etc., by deeds purporting to grant a fee-simple title in severalty to the grantees, who thereafter maintained exclusive and adverse *217possession thereof for a period of more than 10 years prior to the commencement of this suit, and that plaintiff never had possession of any part of…
2Cases cited12 opinions
- State v. LordOregon Supreme Court · 1896
- Weston v. . StoddardNew York Court of Appeals · 1893
- Florence v. . HopkinsNew York Court of Appeals · 1871
- Willis v. CrawfordOregon Supreme Court · 1901
- Abernethy v. OrtonOregon Supreme Court · 1903
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3Cited by3 opinions
- Chance v. CarterOregon Supreme Court · 1916
- Richards v. Page Investment Co.Oregon Supreme Court · 1924
- Spores v. MaudeOregon Supreme Court · 1916