Carter v. Wakeman
Oregon Supreme Court
From Jackson: Hiero K. Hanna, Judge. This is an action at law by Nancy Carter against Miles S. Wakeman to recover damages resulting from the alleged obstruction of an easement claimed by plaintiff. The complaint is lengthy and prolix, and we give it in substance, condensing it as much as possible without obscuring the sense.
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From Jackson: Hiero K. Hanna, Judge. This is an action at law by Nancy Carter against Miles S. Wakeman to recover damages resulting from the alleged obstruction of an easement claimed by plaintiff. The complaint is lengthy and prolix, and we give it in substance, condensing it as much as possible without obscuring the sense. It sets forth that plaintiff is now, and has been for more than sixteen years last past, in the lawful and quiet possession of a certain tract of land, containing 160 acres (particularly describing it), with the exclusive right to its use, together with all water rights,…
1Opinion of the CourtJustice Wolvsrton
1. The action is simple in its nature, the plaintiff being only required by her complaint to state her ownership of the easement by appropriate averments; describing it so it may be readily discerned of what it consists, the invasion or obstruction thereof, and the damages, specified or general, ensuing, as may be adapted to the exigencies of the case. It is altogether unnecessary, in an action of this character, to set out or to' show the particular manner in which or from whom the easement was'acquired: 7 Enc. PI. & Pr. 258. Any person in possession of premises to which the easement is…
2Cited by3 opinions
- Carter v. WakemanOregon Supreme Court · 1904
- Mann v. PhelpsCourt of Appeals of Kentucky (pre-1976) · 1937
- Bonds v. SmithCourt of Appeals for the D.C. Circuit · 1944