Schultz v. Selberg
Oregon Supreme Court
From Multnomah: John P. Kavanaugh, Judge. Department 2. Statement by Mr. Justice Burnett. This litigation originated in an action of ejectment by Lyda F. Schultz against Mrs. Erika Selberg and others, said defendants being in possession of the real property in question.
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From Multnomah: John P. Kavanaugh, Judge. Department 2. Statement by Mr. Justice Burnett. This litigation originated in an action of ejectment by Lyda F. Schultz against Mrs. Erika Selberg and others, said defendants being in possession of the real property in question. They answered, denying the entire complaint, and alleged that they were holding as tenants of one B. C. Selberg, whom we will style “the intervener,” and who they say was at all the times mentioned in the complaint, and now is, the owner and entitled to the possession of the realty described therein. Thereafter the court gave…
1Opinion of the Court
Ms. Justice Burnett
delivered the opinion of the court.
1-4. It is the contention of the plaintiff that the denials of the reply are insufficient to raise an issue upon the answer, because the intervener disclaims any knowledge or information sufficient to form a belief of matters stated therein which must of necessity be within his personal knowledge. She argues, for instance, that the intervener cannot on information and belief deny her assertion that he knew and had full knowledge that Augusta M. Cyrus made, executed and delivered to the plaintiff her certain promissory note. She charges…
2Cases cited5 opinions
- Meier v. KellyOregon Supreme Court · 1892
- Dimmick v. RosenfeldOregon Supreme Court · 1898
- Smith v. Farmers & Merchants Nat. BankOregon Supreme Court · 1910
- Laurent v. LanningOregon Supreme Court · 1897
- Gladstone Lumber Co. v. KellyOregon Supreme Court · 1913
3Cited by6 opinions
- Thompson v. HendricksOregon Supreme Court · 1926
- Wilson v. Willamette Industries, Inc.Oregon Supreme Court · 1977
- Ensley-Koebel v. National Guaranty Properties, Inc.Oregon Supreme Court · 1977
- Rorvik v. North Pac. Lumber Co.Oregon Supreme Court · 1920
- Benson v. PedroDistrict Court, D. Alaska · 1918
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