McCully v. Heaverne
Oregon Supreme Court
From Wallowa: John W. Knowles, Judge. In Banc. Statement by Me. Justice Benson. This is a suit by F. D. McCully and J. D. McCully against Elizabeth Heaverne to quiet title. The complaint is in the usual form in a suit to quiet title to a narrow strip of land a half mile long.
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From Wallowa: John W. Knowles, Judge. In Banc. Statement by Me. Justice Benson. This is a suit by F. D. McCully and J. D. McCully against Elizabeth Heaverne to quiet title. The complaint is in the usual form in a suit to quiet title to a narrow strip of land a half mile long. It alleges, in substance, that plaintiffs are now, and for many years have been, the owners in fee of the land described; that the defendant is not now, and never has been, in possession thereof, and that it is not now in the actual possession of anyone; that defendant claims and asserts an interest therein adverse to…
1Opinion
Denied January 30, 1917.
On Petition for Rehearing.
(162 Pac. 863.)
Appellant’s petition for rehearing denied.
Mr. Turner Oliver, for the petition.
Mr. Jerry P. Bush and Mr. A. W. Schaupp, contra.
In Banc.
2Opinion of the CourtJustice Harris
A re-examination of the testimony brings us to the conclusion announced in the original opinion: McCully v. Heaverne, ante, p. 650 (160 Pac. 1166). The evidence for the plaintiffs details the circumstances surrounding the survey, explains the setting of the stakes, *655and tells about distributing tbe rails and building tbe fence. The overwhelming weight of the evidence supports the- contention of the…
3Cases cited1 opinion
- McCully v. HeaverneOregon Supreme Court · 1916