Miller v. Wattier
Oregon Supreme Court
From Marion : Henry H. Hewitt, Judge. This suit was instituted some ten years ago by W. P. Miller against Vallier Wattier, substitutions having since been made as to both parties; its purpose being to have the defendant declared to hold the legal title of lot No. 3, section 7, township 6 south, range 1 west, Willamette Meridian, containing 55.22 acres, in trust for plaintiff.
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From Marion : Henry H. Hewitt, Judge. This suit was instituted some ten years ago by W. P. Miller against Vallier Wattier, substitutions having since been made as to both parties; its purpose being to have the defendant declared to hold the legal title of lot No. 3, section 7, township 6 south, range 1 west, Willamette Meridian, containing 55.22 acres, in trust for plaintiff. The complaint states, in substance, that the tract described was in March, 1860, and still is, swamp and overflowed land, and as such was, by act of Congress approved March 12, 1860, granted to the State of Oregon; that…
1Opinion of the CourtJustice Wolverton
The complaint is challenged at the outset as not stating facts sufficient to constitute a cause of suit. This question seems to us to have been made here for the first time, but is now strenuously insisted upon, and commands consideration. The contention centers about the allegation that the sale was made on due application of John F. Miller; it being urged that this is but a conclusion of law, and not an ultimate and issuable fact, and was therefore wholly insufficient to support the decree. It is suggested that, as a good pleading, it should have set .out the qualifications of the applicant…
2Cases cited6 opinions
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- Borland v. LewisCalifornia Supreme Court · 1872
- Corpe v. BrooksOregon Supreme Court · 1880
- Robertson v. State Land BoardOregon Supreme Court · 1902
- Stewart v. AltstockOregon Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
- Corvallis & Eastern R. Co. v. BensonOregon Supreme Court · 1912
- Parkersville Drainage District v. WattierOregon Supreme Court · 1906
- Robertson v. LowOregon Supreme Court · 1904
- De Laittre v. Board of Com'rsU.S. Circuit Court for the District of Oregon · 1907
3 more not listed; retrieve them via the Exa API.