Delay v. Chapman
Oregon Supreme Court
Appeal from Multnomah County. This -was originally an action at law brought by tbe plaintiffs, wbo ar'e appellants here, to recover possession of certain lands patented by the United States to tbe heirs-at-law of Joseph and Sarah Delay, deceased.
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Appeal from Multnomah County. This -was originally an action at law brought by tbe plaintiffs, wbo ar'e appellants here, to recover possession of certain lands patented by the United States to tbe heirs-at-law of Joseph and Sarah Delay, deceased. The defendant, as administrator of the estate of James U. Loring, filed an answer in equity, defending as such administrator, and setting up that, under the donation law, the patent should have been issued to the heirs-at-law oí the said Loring, who, in his life time, claimed the premises under the law aforesaid, and who died in January, 1853, and…
1Opinion of the CourtKelsay, J.
The patent having issued to the heirs of Joseph and Sarah Delay, carries with it the presumption that all prerequisites of the law have been complied with by them. (9 Cranch. 87; 18 How. S. C. Rep. 87.) The defendant rests his right to the premises, and to have the patent canceled, on the ground that he is the administrator of the estate of Loring. If Loring had at the time of his death an estate in the premises that could be reached by creditors, or that was subject to be administered upon, then the defense is good, otherwise it fails. If there is a right in the heirs of Loring to the…
2Cases cited1 opinion
- Post v. ArnotNew York Supreme Court · 1845
3Cited by6 opinions
- Homer v. LesterSupreme Court of Oklahoma · 1923
- Moffett v. ConleySupreme Court of Oklahoma · 1916
- Coulson v. WingSupreme Court of Kansas · 1889
- Whittemore v. CopeUtah Supreme Court · 1895
- Hall v. RussellU.S. Circuit Court for the District of Oregon · 1875
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