McIntyre v. Kamm
Oregon Supreme Court
Multhomah Cotnmr. Plaintiff appeals. Ejectment. The complaint is in the usual form. The answer consists simply of denials and a plea of the Statute, of Limitations.
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Multhomah Cotnmr. Plaintiff appeals. Ejectment. The complaint is in the usual form. The answer consists simply of denials and a plea of the Statute, of Limitations. At the trial the appellant gave in evidence, (1) a patent from the United States to Alexander Brown and wife under the donation law of September 27,1850, including the premises in controversy; (2) a decree of the county court of Multnomah County, made at the April term thereof, 1859, by which the east half of said claim was partitioned among the children of said Alexander Brown, then deceased. In order to make the partition, said…
1Opinion of the CourtWaldo, C. J.
The practice of proving a deed for the purpose of having it recorded grew up in New York in colonial times as a part of the common law of the State. (Van Cortlandt v. Tozer, 17 Wend. 338; S. C. 20 Wend. 423.) We have no such common-law practice in this State. We doubtless take judicial notice at common law of what is termed “an acknowl.ment of a deed.” (Morris v. Wadsworth, 17 Wend. 113; Pidge v. Tyler, 4 Mass. 541.) But apart from the express enactment -of our statute, we do not know what is intended by the expression “proving a deed” for purposes of registration. Nevertheless, the…
2Cases cited14 opinions
- Carver v. JacksonSupreme Court of the United States · 1830
- Worthington v. HylyerMassachusetts Supreme Judicial Court · 1808
- Shotwell v. HarrisonMichigan Supreme Court · 1871
- Jackson v. OsbornNew York Supreme Court · 1829
- Bradstreet v. ClarkeNew York Supreme Court · 1834
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3Cited by12 opinions
- State v. CasedayOregon Supreme Court · 1911
- Nelson v. HughesOregon Supreme Court · 1981
- Barmore v. State Board Medical ExaminersOregon Supreme Court · 1891
- Everding v. McGinnOregon Supreme Court · 1889
- McLeod v. LloydOregon Supreme Court · 1903
7 more not listed; retrieve them via the Exa API.