Lambert v. Howard
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chide Justice Bean. This is a suit by Mary J. Lambert against Della Howard to determine an adverse claim to real property.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chide Justice Bean. This is a suit by Mary J. Lambert against Della Howard to determine an adverse claim to real property. The plaintiff alleges that the land in controversy is unoccupied, that she is owner in fee thereof, and that defendant claims some estate-or interest therein adverse to her, but that such claim is without right or validity, and prays that defendant be required to set forth the nature of her claim, etc. The defendant denies each and every material allegation of the complaint, and for an affirmative defense, alleges…
1Opinion of the Court
Opinion by Mr.
Chief Justice Bean.
1. The decree, in our opinion, must be affirmed. On the pleadings and evidence the plaintiff has no standing in a court of equity and is not entitled to equitable relief. The record discloses that in 1892 she mortgaged the property in controversy to Win. Irwin for its full value, 'and soon thereafter, without paying the mortgage or any part thereof, removed from the state, and has never since been in possession of the premises or exercised any dominion or control over them, except for a short time during the year 1896, when she occupied them by the consent of…
2Cases cited6 opinions
- Webber v. ClarkeCalifornia Supreme Court · 1887
- Cooke v. CooperOregon Supreme Court · 1889
- Ford v. WilsonMississippi Supreme Court · 1858
- Roberts v. SutherlinOregon Supreme Court · 1872
- Costello v. EdsonSupreme Court of Minnesota · 1890
1 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Stevens v. MyersOregon Supreme Court · 1918
- Halleck v. HALLECKOregon Supreme Court · 1959
- Edwall v. JessephWashington Supreme Court · 1913
- Florey v. MeekerOregon Supreme Court · 1952
- Schramm v. BurkhartOregon Supreme Court · 1931
11 more not listed; retrieve them via the Exa API.