Boe v. Arnold
Oregon Supreme Court
Statement by Mr. Justice McBride. Plaintiff, Christ C. Boe, brings ejectment against Hoyt Arnold, defendant, to recover certain land situated in Malheur County. Defendant makes general denial, and pleads the following separate defenses: (1) That he is in possession as lessee of A. N. Soliss, and that Soliss is the owner in fee of the demanded premises. (2) Act Cong.
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Statement by Mr. Justice McBride. Plaintiff, Christ C. Boe, brings ejectment against Hoyt Arnold, defendant, to recover certain land situated in Malheur County. Defendant makes general denial, and pleads the following separate defenses: (1) That he is in possession as lessee of A. N. Soliss, and that Soliss is the owner in fee of the demanded premises. (2) Act Cong. July 5, 1866, c. 174, 14 Stat. 89, granting to the State of Oregon three sections of land per mile of road, to be selected within six miles on each side of said road, to aid in the construction of a wagon road from Albany to the…
1Opinion of the CourtJustice McBride
1. The first question presented in this appeal is: Did the title to the lands lying within the six-mile limit of the Willamette Valley & Cascade Mountain Wagon Road Company grant pass upon the mere filing of the company’s selection list, or did it pass upon the approval of such list by the Secretary of the Interior? It is not disputed that the company filed the map of definite location of its road as to that part of it along which the land in question is situated, on July 10, 1871, and it satisfactorily appears that notice of withdrawal of said lands from entry or sale did not reach the local…
2Cases cited44 opinions
- Wisconsin Central Railroad v. Price CountySupreme Court of the United States · 1890
- Unger v. MooneyCalifornia Supreme Court · 1883
- Mhoon v. CainTexas Supreme Court · 1890
- Schleicher, Admr. v. GatlinTexas Supreme Court · 1892
- Arrington v. LiscomCalifornia Supreme Court · 1868
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3Cited by17 opinions
- Kirk v. SchultzIdaho Supreme Court · 1941
- Christmas v. CowdenNew Mexico Supreme Court · 1940
- Newman v. CorneliusCalifornia Court of Appeal · 1970
- Stephenson v. Van BloklandOregon Supreme Court · 1911
- United States v. OtleyCourt of Appeals for the Ninth Circuit · 1942
12 more not listed; retrieve them via the Exa API.