Legal Opinion

Merchant v. Town of Marshfield

Oregon Supreme Court

Decided April 24, 1899PublishedCited by 1 opinion

From Coos : J. C. Fullerton, Judge. This is a proceeding by C. H. Merchant and John D. Spreckels against the Town of Marshfield to have a certain plat vacated.

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From Coos : J. C. Fullerton, Judge. This is a proceeding by C. H. Merchant and John D. Spreckels against the Town of Marshfield to have a certain plat vacated. On January l5, 1897, the appellants filed with the Clerk of the Board of Trustees of the Town of Marshfield a petition, representing, in substance, that they are the owners in fee of .the following described premises, situated in Railroad Addition to Marshfield, Coos County, Oregon, to wit, all of blocks numbered from 1 to 9, inclusive, 15 to 22, inclusive, 31 to 38, inclusive, 44 to 50, inclusive, all that portion of blocks 52, 53,…

1Opinion of the Court

Mr. Chiee Justice Wolverton,

after stating the facts in the foregoing language, delivered the opinion.

This proceeding was instituted under statutory enactments respecting the vacation of towns, streets, etc. In order to a full understanding of the questions involved, it becomes necessary to set out with considerable particularity, the provisions of Hill’s Ann. Laws relative thereto. . Section 4181: “Whenever any person or body corporate interested in any town in this state not incorporated, or which has not a corporation in active operation, may desire to vacate any lot, street, alley, common,…

2Cases cited1 opinion

  1. Lincoln v. Inhabitants of WarrenMassachusetts Supreme Judicial Court · 1889

3Cited by1 opinion

  1. Kime v. ThompsonOregon Supreme Court · 1911

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