Mitchell v. Campbell
Oregon Supreme Court
Appeal from Union county: J. A. Fee, judge. The appellant commenced an action in the circuit court to recover possession of certain real property, consisting of a tract of land situated in said county of Union, claiming to be the owner in fee of an undivided five-nintbs interest therein as tenant in common with four other parties named in the complaint, who were alleged to be the owners of the other four-ninths thereof.
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Appeal from Union county: J. A. Fee, judge. The appellant commenced an action in the circuit court to recover possession of certain real property, consisting of a tract of land situated in said county of Union, claiming to be the owner in fee of an undivided five-nintbs interest therein as tenant in common with four other parties named in the complaint, who were alleged to be the owners of the other four-ninths thereof. The complaint contained two counts, both of which relate to the same subject matter, and allege but one cause of action. An answer was filed on the part of the respondent…
1Opinion of the CourtThayer, C. J.
The issues in this case are too prolix. A large amount of the labor bestowed thereon was unnecessary and served no purpose except to obscure the real points of contention between the parties. In an action to recover the possession of real property under the Code of this State, the plaintiff is required to set forth the nature of his estate in the property, whether in fee, for life, or a term of years, and for whose life and the duration of such term, and that *202he is entitled to the possession thereof, and that the defendant wrongfully withholds the same from him to his damage in such sum as…
2Cases cited7 opinions
- Calder v. BullSupreme Court of the United States · 1798
- Wilkinson v. LelandSupreme Court of the United States · 1829
- Watson v. MercerSupreme Court of the United States · 1834
- Randall v. KreigerSupreme Court of the United States · 1875
- Rice v. ParkmanMassachusetts Supreme Judicial Court · 1820
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3Cited by19 opinions
- Texas Co. v. Bank of America National Trust & Savings Ass'nCalifornia Supreme Court · 1935
- Anderson v. RichardsOregon Supreme Court · 1921
- McIntosh v. DillSupreme Court of Oklahoma · 1922
- Mascall v. MurrayOregon Supreme Court · 1915
- Neal v. DavisOregon Supreme Court · 1909
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