Legal Opinion

Hatcher v. Briggs

Oregon Supreme Court

Decided December 15, 1876PublishedCited by 25 opinions

Appeal from Benton County. In the month of September, 1875, Jarvis Briggs commenced an action at law in the county court for Linn county against John L. Batcher, to recover an undivided interest in certain real property, and for damages for the wrongful detention of the same. The defendant in that action appeared and filed his answer, and thereupon as plaintiff filed his complaint, in the nature of a cross-bill in equity against Jarvis Briggs, as defendant.

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Appeal from Benton County. In the month of September, 1875, Jarvis Briggs commenced an action at law in the county court for Linn county against John L. Batcher, to recover an undivided interest in certain real property, and for damages for the wrongful detention of the same. The defendant in that action appeared and filed his answer, and thereupon as plaintiff filed his complaint, in the nature of a cross-bill in equity against Jarvis Briggs, as defendant. By the cross-bill it is alleged substantially that in 1866, Jarvis Briggs was the owner of an undivided ninth of the premises in…

1Opinion of the Court

By the Court, McArthur, J.:

This is a suit in equity brought by complaint in the nature of a cross-bill torestrain the respondent from prosecuting an action at law, commenced by him in the circuit court for Linn county, for the recovery of the possession of the one undivided ninth interest in fee-simple of the north half of the donation land of Jarvis Briggs and wife, the same being claim number 83, and notification number 1779, situate in said county, together with one thousand dollars damages for alleged wrongful withholding thereof. Appellant prays the court to declare the title to said…

2Cases cited14 opinions

  1. Dobson v. . PearceNew York Court of Appeals · 1854
  2. Bright v. BoydU.S. Circuit Court for the District of Maine · 1841
  3. Putnam v. RitchieNew York Court of Chancery · 1837
  4. Vallé's Heirs v. Fleming's HeirsSupreme Court of Missouri · 1859
  5. Bruck v. TuckerCalifornia Supreme Court · 1871

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3Cited by25 opinions

  1. Jones v. Great Southern Fireproof Hotel Co.Court of Appeals for the Sixth Circuit · 1898
  2. Walker v. GoldsmithOregon Supreme Court · 1886
  3. Cooke v. CooperOregon Supreme Court · 1889
  4. Hutson v. WoodIllinois Supreme Court · 1914
  5. Hardy v. BurroughsMichigan Supreme Court · 1930

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