Bingham v. Weber & Linn

WARNER, A. C. J.

This is a suit for the partition of 17 acres of real property in Clackamas county, Oregon. It is instituted by the plaintiffs, George E. Bingham and his wife Laura, against the defendant, Amalie Weber, a widow. During the course of the trial, it was stipulated that the defendants Linn were neither necessary nor proper parties. From a decree adjudging Mrs. Weber to be the owner of the entire fee in the property and an order dismissing the Binghams’ complaint, the plaintiffs appeal.

All the parties claim their respective titles or color of title through heirs of Joseph Schmidt,…