King v. Higgins
Multnomah County Circuit Court, Oregon
This is a suit to remove an alleged cloud l'rom tlie plaintiffs title.' The plaintiff avers that she is owner and in possession of the parcel of land known as lot 6, in block 221, in the city of Portland. She sets out a series of conveyances, from which it appears that both tho plaintiff and defendant claim title from the United States through Wm. M. King, now deceased. The defendant claims title under a sale made by the administrator of the estate of Wm.
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This is a suit to remove an alleged cloud l'rom tlie plaintiffs title.' The plaintiff avers that she is owner and in possession of the parcel of land known as lot 6, in block 221, in the city of Portland. She sets out a series of conveyances, from which it appears that both tho plaintiff and defendant claim title from the United States through Wm. M. King, now deceased. The defendant claims title under a sale made by the administrator of the estate of Wm. M. King, who departed this life on or about tho eighth day of November, 1869. The plaintiff sets out her mode of acquiring title from said…
1Opinion of the Court
Upton, J.,
delivered the following opinion:
This is a suit by a plaintiff in possession, and if sustained, it must be as a suit to remove a cloud from the plaintiff’s title. Much has been said on the subject of the power of the court to amend the judgment alleged to have been confessed by the late William M. King in favor of T. J. Carter. But it is not necessary to advert to that subject further than to say, that this cannot be considered a bill for that purpose. The complaint does not sufficiently describe that judgment to enable the court to make an amendment; it does not bring all the…
2Cases cited10 opinions
- Curtis v. SutterCalifornia Supreme Court · 1860
- Doren v. Mayor of New-YorkNew York Court of Chancery · 1842
- Gray v. PalmerCalifornia Supreme Court · 1865
- Ward v. . DeweyNew York Court of Appeals · 1858
- In re HopperNew York Court of Chancery · 1835
5 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Douglass v. NuzumSupreme Court of Kansas · 1876