Holcomb v. Mooney
Oregon Supreme Court
Clackamas County. Defendant appeals. This is an action of ejectment brought to recover possession of a strip of land lying along the boundary between the premises of plaintiff and defendant. The facts out of which the action arose are as follows: In 1882, Elizabeth Paddock, being then the owner of the whole tract of land claimed by both parties, sold a portion of the same to Anna M. Dedman, who afterwards conveyed the same to defendant.
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Clackamas County. Defendant appeals. This is an action of ejectment brought to recover possession of a strip of land lying along the boundary between the premises of plaintiff and defendant. The facts out of which the action arose are as follows: In 1882, Elizabeth Paddock, being then the owner of the whole tract of land claimed by both parties, sold a portion of the same to Anna M. Dedman, who afterwards conveyed the same to defendant. In August, 1883, Mrs. Paddock sold the remainder of the land to the plaintiff. The deed from Elizabeth Paddock to Anna M. Dedman described "the land by course…
1Opinion of the CourtLoud, J.
It is not claimed that the descriptions in these deeds of the property conveyed by them are vague and uncertain, or ambiguous, or that there can be any difficulty in applying them to locate the property for which they call; but it is conceded that if the descriptions are followed, the strip of land in question was not conveyed to Anna M. Dedman, but is included in the lands conveyed to the plaintiff. The defendant, however, insists that it was the intention to convey the land in dispute to Anna M. Dedman in the first deed, and from her to the defendant, but that there was an error or mistake…
2Cases cited1 opinion
- Atwood v. Bank of ChillicotheOhio Supreme Court · 1841
3Cited by12 opinions
- Tallmadge v. HooperOregon Supreme Court · 1900
- Bingham v. HoneymanOregon Supreme Court · 1898
- Hertel v. WoodardOregon Supreme Court · 1948
- Shafer Et Ux. v. Ekstrand Et Ux.Oregon Supreme Court · 1932
- Mooney v. HolcombOregon Supreme Court · 1888
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