Legal Opinion

Oregon Ry. & Nav. Co. v. Hertzberg

Oregon Supreme Court

Decided October 16, 1894PublishedCited by 15 opinions

Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by the Oregon Railway and Navigation Company against Chas. Hertzberg to recover possession of a portion of block one hundred and eighty-eight in the City of Portland, damages for removing earth and stone therefrom, and for the reasonable value of the rents thereof.

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Appeal from Multnomah: Hartwell Hurley, Judge. This is an action by the Oregon Railway and Navigation Company against Chas. Hertzberg to recover possession of a portion of block one hundred and eighty-eight in the City of Portland, damages for removing earth and stone therefrom, and for the reasonable value of the rents thereof. The complaint is in the usual form, alleging ownership in fee and right of possession of said premises by mesne conveyances, and possession by plaintiff and its predecessors for more than fifteen years under color of title and claim of ownership in fee. The defendant…

1Opinion of the Court

Opinion by

Mr. Justice Moore.

1. The record shows that the plaintiff, to maintain its action, introduced the following evidence: A patent of the United States to A. J. Knott; the deed of A. J. Knott and wife to the South Portland Real Estate Association; and the deed of the South Portland Real Estate Association to the Oregon Railway and Navigation Company, dated June twenty-fifth, eighteen hundred and eighty, each instrument conveying, with other property, the premises in controversy. The plaintiff also offered in evidence the judgment roll of the case of Silver v. Ladd, 7 Wall. 219, which…

2Cases cited10 opinions

  1. Steel v. Smelting Co.Supreme Court of the United States · 1882
  2. Moore v. RobbinsSupreme Court of the United States · 1878
  3. Stark v. StarrsSupreme Court of the United States · 1868
  4. Union Insurance v. SmithSupreme Court of the United States · 1888
  5. Silver v. LaddSupreme Court of the United States · 1869

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3Cited by15 opinions

  1. Horton v. State ex rel. HaydenNebraska Supreme Court · 1901
  2. Sommer v. ComptonOregon Supreme Court · 1908
  3. Kingsley v. United Rys. Co.Oregon Supreme Court · 1913
  4. In Re Workman's EstateOregon Supreme Court · 1936
  5. Browning v. LewisOregon Supreme Court · 1901

10 more not listed; retrieve them via the Exa API.

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