Kesler v. Nice
Oregon Supreme Court
Statement by Mr. Justice Slater. The plaintiffs, Abraham L. Kesler, Mary J. Kesler, John Kesler, Elizabeth Kesler, Charles Kesler and Anna Kesler, brought this suit against Charles W. Nice, Bessie Nice, Nora Wilhelmson and John Wilhelmson, for partition of a lot in the city of Forest Grove, and allege that four of them and two of the defendants are the owners in fee simple and tenants in common thereof; that on the lot there is a small house, so situated that the premises…
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Statement by Mr. Justice Slater. The plaintiffs, Abraham L. Kesler, Mary J. Kesler, John Kesler, Elizabeth Kesler, Charles Kesler and Anna Kesler, brought this suit against Charles W. Nice, Bessie Nice, Nora Wilhelmson and John Wilhelmson, for partition of a lot in the city of Forest Grove, and allege that four of them and two of the defendants are the owners in fee simple and tenants in common thereof; that on the lot there is a small house, so situated that the premises cannot be divided and the several shares allotted to the persons entitled thereto. The answer denies that the plaintiffs…
1Opinion of the CourtJustice Slater
1. The jurisdiction of this court to review the decisions of the circuit court is expressly limited to such as are final decisions. Section 6, Article VII, Constitution of Oregon. Finality, therefore, must be put to the suit by the circuit court before an attempt can properly be made to have the decision therein revised in this court. Shirley v. Birch, 16 Or. 1, 4 (18 Pac. 344) ; Conrad v. Packing Co., 34 Or. 337 (49 Pac. 659: 52 Pac. 1134: 57 Pac. 1021). And it has been settled in this court that in suits for partition the only decree that is by the statute declared to be “effectual…
2Cases cited8 opinions
- Evans v. ChristianOregon Supreme Court · 1873
- State ex rel. Mahoney v. McKinnonOregon Supreme Court · 1880
- Shirley v. BirchOregon Supreme Court · 1888
- McKay v. FreemanOregon Supreme Court · 1877
- Conrad v. Pacific Packing Co.Oregon Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Dippold v. Cathlamet Timber Co.Oregon Supreme Court · 1920
- Clay v. ClayOregon Supreme Court · 1910
- Twitchell v. RisleyOregon Supreme Court · 1910
- Lyon v. MazerisOregon Supreme Court · 1942
- Alperin v. Mayor and Tp. Committee of Middletown Tp.New Jersey Superior Court Appellate Division · 1966
7 more not listed; retrieve them via the Exa API.