Gallagher v. Kelliher
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by A. M. Gallagher against W. J. Kelliher and - Sawyer in ejectment.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by A. M. Gallagher against W. J. Kelliher and - Sawyer in ejectment. Plaintiff alleges: That he is the owner and entitled to possession of the following described real estate in Douglas County, Oregon, “the same being a part of the donation land claim of George B. Finch, in township 27 S., of range 5 W., of Willamette meridian, and particularly described as: Beginning at the northwest corner of the tract of land commonly known as the Tine Grove Church Property/ and running thence southerly along…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
The real controversy at the trial was whether the description of the property sought to be recovered, as set out in the complaint, will justify a recovery without proof that it is included in the description contained in the deed from Genger to the trustees. There being no issue as to plaintiff’s ownership of the property, he confined his proof to the erection of a fence on the western line of the property and his occupancy of the premises' from the year 1888. There was no proof tending to show the location upon the ground of the west line of the tract as…
2Cases cited8 opinions
- Turner v. BakerSupreme Court of Missouri · 1876
- Sommer v. ComptonOregon Supreme Court · 1908
- Seabrook v. Coos Bay Ice Co.Oregon Supreme Court · 1909
- Oregon Ry. & Nav. Co. v. HertzbergOregon Supreme Court · 1894
- Browning v. LewisOregon Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Baltimore American Ins. Co. v. Pecos Mercantile Co.Court of Appeals for the Tenth Circuit · 1941
- Irion v. HydeMontana Supreme Court · 1940
- Kingsley v. United Rys. Co.Oregon Supreme Court · 1913
- Arness v. Petersburg Packing Co.Court of Appeals for the Ninth Circuit · 1919
- Carroll v. McLarenOregon Supreme Court · 1911
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