Eagle Woolen Mills Co. v. Monteith
Oregon Supreme Court
Appeal from Linn County. This is a suit to restrain the defendants from selling certain real estate upon an execution, then in the hands of the defendant, Harvy D. Smith, sheriff of Linn county, sued out of the Circuit Court in favor of defendant, Monteith, against a corporation called the Linn County Woolen Mills Company. From 1861 to 1863 there existed a partnership firm called by the same name, viz.: Linn County Woolen Mills Company.
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Appeal from Linn County. This is a suit to restrain the defendants from selling certain real estate upon an execution, then in the hands of the defendant, Harvy D. Smith, sheriff of Linn county, sued out of the Circuit Court in favor of defendant, Monteith, against a corporation called the Linn County Woolen Mills Company. From 1861 to 1863 there existed a partnership firm called by the same name, viz.: Linn County Woolen Mills Company. On June 19,1863, nearly or quite all the individuals composing the partnership became stockholders in the corporation of that name then created, and the…
1Opinion of the CourtUpton, J.
The plaintiff is not in a position to raise tbe first point suggested in appellants’ brief; tbat is, tbat tbe legal title was never in tbe Linn County Woolen Mills Company.
Tbe complaint shows tbe Linn County Woolen Mills Company to have been in possession of tbe premises, and traces tbe plaintiff’s alleged title tbrougb and from tbat company, and does not claim under any other better or adverse title. In favor of a defendant, possession is a good title against all tbe world unless a prior possession or better title be shown.
Tbe plaintiff comes into a court of equity praying relief in favor of…
2Cases cited4 opinions
- The BANK OF COLUMBIA v. PATTERSON’S Adm’rSupreme Court of the United States · 1813
- Fowler v. ShearerMassachusetts Supreme Judicial Court · 1810
- President of Bank of the Metropolis v. GuttschlickSupreme Court of the United States · 1840
- Stone v. WoodNew York Supreme Court · 1827
3Cited by8 opinions
- State v. SteevesOregon Supreme Court · 1896
- Spiech v. TierneyNebraska Supreme Court · 1898
- In re St. Helen Mill Co.U.S. Circuit Court for the District of Oregon · 1875
- Thayer v. Nehalem Mill Co.Oregon Supreme Court · 1897
- Brown v. Farmers' Supply Co.Oregon Supreme Court · 1893
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