Moore v. Willamette Transportation & Locks Co.
Oregon Supreme Court
Appeal from Clackamas County. This is an action by the appellant for the recovery of certain lands occupied by part of the canal and locks around the Willamette Falls, opposite Oregon city, in Clackamas county, he claiming the undivided seven fifteenths thereof. The land in dispute is a part of the donation claim of Robert Moore, deceased, the father of the appellant.
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Appeal from Clackamas County. This is an action by the appellant for the recovery of certain lands occupied by part of the canal and locks around the Willamette Falls, opposite Oregon city, in Clackamas county, he claiming the undivided seven fifteenths thereof. The land in dispute is a part of the donation claim of Robert Moore, deceased, the father of the appellant. It is claimed by the appellant that the said Robert disposed of the land in dispute by his will so that one fifth was given to his son, Robert M. Moore; and one fifth to his daughter, Jane Painter; one fifth to his daughter,…
1Opinion of the Court
By the Court,
Boise, J.:
It seems, from the statement of the case above set forth, that the appellant is the owner of the land in dispute as claimed, unless he has been divested thereof by legal proceedings, which have been.prosecuted againstthe estate of his father, Robert Moore, and against himself, which proceedings are set forth in the foregoing statement, and the determination of the rights of the parties in this case must depend on the construction to be given to these proceedings. It is also claimed that though these legal proceedings are correct, that still the deed from the Willamette…
2Cases cited4 opinions
- Tuttle v. Jackson ex dem. HillsCourt for the Trial of Impeachments and Correction of Errors · 1830
- Allen v. TrimbleCourt of Appeals of Kentucky · 1815
- Conger v. ConverseSupreme Court of Iowa · 1859
- Prescott v. EvertsWisconsin Supreme Court · 1856
3Cited by9 opinions
- Faull v. CookeOregon Supreme Court · 1890
- Habighorst v. ConantOregon Supreme Court · 1903
- Anderson, Adm. v. CloughOregon Supreme Court · 1951
- Hilts v. HiltsOregon Supreme Court · 1903
- Marx v. HanthornUnited States Circuit Court · 1887
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