Legal Opinion

Savage v. Savage

Oregon Supreme Court

Decided April 14, 1890PublishedCited by 9 opinions

Appeal from Marion county: R. P. Boise, judge. This is a suit for partition. The complaint alleges that the plaintiff and the defendants, with the exception of the defendant Ellen Savage, are the owners in fee simple and tenants in common and hold and are in possession of the lands sought to be partitioned, and which are particularly described in the complaint.

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Appeal from Marion county: R. P. Boise, judge. This is a suit for partition. The complaint alleges that the plaintiff and the defendants, with the exception of the defendant Ellen Savage, are the owners in fee simple and tenants in common and hold and are in possession of the lands sought to be partitioned, and which are particularly described in the complaint. It is then alleged that the said defendant Ellen Savage has a life estate in and to said lands which constitute her entire interest in and to the same. John Savage, one of the defendants, demurred to the complaint for the reason the…

1Opinion of the CourtStrahan, J.

It was conceded upon the argument of this cause that the defendant Ellen Savage has a life estate with all of its incidents in the land sought to be partitioned, and that *113tbe plaintiff with tbe defendants, except Ellen Savage, bave either tbe remainder or reversionary interest therein, and none other, and the question presented and argued was, whether or not, under such state of facts, the plaintiff could maintain this suit.

The right to the partition of lands is regulated by statute in this State, and consequently an examination of the sources of jurisdiction, and whether it was originally at…

2Cases cited6 opinions

  1. Sullivan v. . SullivanNew York Court of Appeals · 1876
  2. Blakeley v. . CalderNew York Court of Appeals · 1857
  3. Brownell v. BrownellNew York Supreme Court · 1838
  4. Burhans v. BurhansNew York Court of Chancery · 1847
  5. G. H. & E. Striker v. MottNew York Court of Chancery · 1831

1 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. In re Peck's EstateSupreme Court of Vermont · 1922
  2. Sterling v. SterlingOregon Supreme Court · 1903
  3. Tower v. TowerIndiana Supreme Court · 1895
  4. Duke v. AllenCourt of Appeals of Kentucky · 1923
  5. Pabst Brewing Co. v. MelmsWisconsin Supreme Court · 1900

4 more not listed; retrieve them via the Exa API.

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