Minto v. Delaney
Oregon Supreme Court
Appeal from Marion County. The facts are stated in the opinion. The alleged cloud upon respondent’s title to the land which he claims to own by accretion, is an application by the appellant, filed in the office of the secretary of state, of the state of Oregon, on or about the eighteenth day of March, 1872, for the purchase of said land from the state of Oregon, as swamp and overflowed land. This casts no cloud on the respondent’s title, if he has any.
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Appeal from Marion County. The facts are stated in the opinion. The alleged cloud upon respondent’s title to the land which he claims to own by accretion, is an application by the appellant, filed in the office of the secretary of state, of the state of Oregon, on or about the eighteenth day of March, 1872, for the purchase of said land from the state of Oregon, as swamp and overflowed land. This casts no cloud on the respondent’s title, if he has any. Under the law of 1870, providing for the selection and sale of the swamp and overflowed lands belonging to the state of Oregon, it is made the…
1Opinion of the Court
By the Court,
Kelly, C. J.:
The respondent, who was the plaintiff in the court below, is the owner of a tract of land in Marion county, described in the complaint as lot No. 5 in section 27, and lots 2 and 4 in section 28 of township 7, south range 3 west of the Willamette meridian, the same being a portion of a larger tract of land originally granted by the United States to O. M. Pringle, under the act of congress known as the Oregon Donation Law, approved September 27, 1850. Since the land was granted to Pringle the Willamette river has changed the boundaries of the tract owned by respondent,…
2Cases cited4 opinions
- Railroad Co. v. SchurmeirSupreme Court of the United States · 1869
- Pixley v. HugginsCalifornia Supreme Court · 1860
- Taylor v. UnderhillCalifornia Supreme Court · 1871
- Dunklin County v. ClarkSupreme Court of Missouri · 1872
3Cited by15 opinions
- Backus v. City of DetroitMichigan Supreme Court · 1882
- Lewis v. City of PortlandOregon Supreme Court · 1893
- Weiss v. Oregon Iron & Steel Co.Oregon Supreme Court · 1886
- Sun Dial Ranch v. May Land Co.Oregon Supreme Court · 1912
- Allison v. ShepherdOregon Supreme Court · 1979
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