Bilger v. Nunan
Court of Appeals for the Ninth Circuit
In Error to tire Circuit Court of the United States for the District of Oregon. Action at law by Sallie Bilger against Jeremiah Nunan and O. Harbaugh. Judgment for defendants, and plaintiff brings error.
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In Error to tire Circuit Court of the United States for the District of Oregon. Action at law by Sallie Bilger against Jeremiah Nunan and O. Harbaugh. Judgment for defendants, and plaintiff brings error. This is an action in ejectment, brought by Sallie Bilger to recover possession of an undivided one-sixth interest in and to a tract of land in Jackson county, Or., described as containing 292 acres, but excepting therefrom a small tract of 3 acres deeded to a third party, with respect to which there is no issue. Plaintiff is the daughter of James A. Cardwell, deceased, and claims title and…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [1] It is contended oii behalf of the defendant in error that he is a mortgagee in possession, and that he can hold his possession until his debt is paid. This right of possession by the mortgagee, when interposed as.a defense to- an action of ejectment, brought by one claiming the right of possession under the mortgagor, is necessarily dependent upon the question whether the mortgagor had title to the premises. “An *553action of ejectment involves both the right of possession and the right' of property.” Coles v. Meskimen, 48 Or. 54, 56, 85 Pac. 67, 68. If the…
2Cases cited16 opinions
- Dickerson v. ColgroveSupreme Court of the United States · 1880
- Smith T. v. BellSupreme Court of the United States · 1832
- Kirk v. HamiltonSupreme Court of the United States · 1880
- Giles v. LittleSupreme Court of the United States · 1881
- Emigrant Co. v. County of AdamsSupreme Court of the United States · 1879
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3Cited by1 opinion
- Huber v. Glenrock State BankWyoming Supreme Court · 1925