Johnson v. North Star Lumber Co.
Court of Appeals for the Ninth Circuit
.Appeal from the District Court of the United States for District of Oregon; R. S. Bean, Judge. Suit in equity by the North Star Dumber Company and others against John W. Johnson and others. Decree for complainants, and defendant Johnson appeals. This is a suit brought in the United States Circuit Court for the District of Oregon by the North Star I .umber Company, a Minnesota corporation, against John W. Johnson and two others, all citizens of the state of Washington.
Read the full summary
.Appeal from the District Court of the United States for District of Oregon; R. S. Bean, Judge. Suit in equity by the North Star Dumber Company and others against John W. Johnson and others. Decree for complainants, and defendant Johnson appeals. This is a suit brought in the United States Circuit Court for the District of Oregon by the North Star I .umber Company, a Minnesota corporation, against John W. Johnson and two others, all citizens of the state of Washington. The action is to quiet title to certain lands described as the northwest quarter of section 10, township 21 south, range 7…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above). [ 1 ] 1. In Oregon, a person claiming an interest or estate in real property, not in the possession of another, may maintain a suit in equity to remove the cloud or to quiet title, without being in actual possession of the premises. Section 516, Lord’s Oregon Laws; McLeod v. Lloyd, 43 Or. 260, 272, 71 Pac. 795, 74 Pac. 491; Holland v. Challen, 110 U. S. 15, 17,.3 Sup. Ct. 495, 28 L. Ed. 52. In such a suit, where a diversity of citizenship exists as it does here, the Circuit Court of the United States for the district of Oregon had jurisdiction of the…
2Cases cited17 opinions
- Cooper v. ReynoldsSupreme Court of the United States · 1870
- Galpin v. PageSupreme Court of the United States · 1874
- Holland v. ChallenSupreme Court of the United States · 1884
- Western Loan & Savings Co. v. Butte & Boston Consolidated Mining Co.Supreme Court of the United States · 1908
- Dick v. ForakerSupreme Court of the United States · 1894
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Atwood v. TuckerNorth Dakota Supreme Court · 1914
- O'Donnell v. United StatesCourt of Appeals for the Ninth Circuit · 1936