Altschul v. O'Neill
Oregon Supreme Court
From Malheur: Morton D. Clifford, Judge. Action by Charles Altschul against Francis O’Neill to recover possession of section 9, in township 18 south of range 43 east of the Willamette Meridian, in Malheur County, Oregon.
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From Malheur: Morton D. Clifford, Judge. Action by Charles Altschul against Francis O’Neill to recover possession of section 9, in township 18 south of range 43 east of the Willamette Meridian, in Malheur County, Oregon. The' plaintiff deraigns title from the government of the United States in the following order : (1) Under a grant by act of congress to the State of Oregon, approved July 5, 1866, “to aid in the construction of a military road from Albany, Oregon, to the eastern boundary of the state;” (2) a grant by act of the Legislative Assembly of the State of Oregon, approved October 24,…
1Opinion of the Court
Mr. Chibe Justice Wolverton,
after stating the facts, delivered the opinion of the court.
There was a contention by counsel for plaintiff at the argument that the legal title to this land did not pass out *205of the government of the United States until the date of the approval of the selection list on January 27, 1894; that the statute of limitations would not begin to run while such title was in the government, and hence that defendant could not invoke the benefit of the statute, as the approval was less than four years prior to the commencement of the action. It was maintained, on the other…
2Cases cited39 opinions
- Craig v. CartwrightTexas Supreme Court · 1886
- Unger v. MooneyCalifornia Supreme Court · 1883
- Ward v. CochranSupreme Court of the United States · 1893
- Hicklin v. McClearOregon Supreme Court · 1889
- Kerr v. HittIllinois Supreme Court · 1874
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3Cited by21 opinions
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- Oregon Construction Co. v. Allen Ditch Co.Oregon Supreme Court · 1902
- Glover v. PfeufferCourt of Appeals of Texas · 1914
- Parrott v. StewartOregon Supreme Court · 1913
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