Legal Opinion

Elwert v. Marley

Oregon Supreme Court

Decided February 9, 1909PublishedCited by 17 opinions

From Multnomah: John B. Cleland, Judge. On Motion to Dismiss. Statement by Mr. Commissioner Slater. This suit was brought by Carrie M. Elwert against P. H. Marley, H. E. Noble, and J. Olsen to restrain them from interfering with, or making use of, certain alleged wharfage rights on the Willamette River, alleged to be appurtenant to and abutting upon lot 5, block 2, East Portland, Multnomah County, Oregon, and to belong to the plaintiff as owner of Said lot, and to adjudicate…

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From Multnomah: John B. Cleland, Judge. On Motion to Dismiss. Statement by Mr. Commissioner Slater. This suit was brought by Carrie M. Elwert against P. H. Marley, H. E. Noble, and J. Olsen to restrain them from interfering with, or making use of, certain alleged wharfage rights on the Willamette River, alleged to be appurtenant to and abutting upon lot 5, block 2, East Portland, Multnomah County, Oregon, and to belong to the plaintiff as owner of Said lot, and to adjudicate and determine any claim of title thereto asserted by the defendants adversely to plaintiff’s alleged rights. The answer…

1Opinion of the Court

Opinion by

Mr. Commissioner Slater.

1. Plaintiff moves to dismiss the appeal on the ground that, subsequent to the rendition of the decree, and before the appeal, Olsen took from M. W. Parelius, who is plaintiff’s grantee, a lease of the premises in dispute, thereby recognizing and acknowledging the validity of the decree, and estopping himself from further contesting the title and right to the enjoyment of the premises by plaintiff and those in privity with her. It appears from the affidavits of Parelius in support of the motion, and from Olsen’s in answer thereto and the former’s reply, that…

2Cases cited8 opinions

  1. Portland Construction Co. v. O'NeilOregon Supreme Court · 1893
  2. Moore v. FloydOregon Supreme Court · 1872
  3. Stauffer v. Salimonie Mining & Gas Co.Indiana Supreme Court · 1897
  4. Ehrman v. Astoria Railway Co.Oregon Supreme Court · 1894
  5. Kansas City, Fort Scott & Memphis Railroad v. MurraySupreme Court of Kansas · 1897

3 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Kelly v. TracyOregon Supreme Court · 1956
  2. Carpenter v. CarpenterOregon Supreme Court · 1936
  3. Ottenheimer v. Mountain States Supply Co.Utah Supreme Court · 1920
  4. Kellogg v. SmithOregon Supreme Court · 1914
  5. Poffinbarger v. SumnerIndiana Supreme Court · 1917

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