Gibbons v. Martin

DEADY, District Judge.

This action is brought by the plaintiff as a citizen of Illinois, against the defendants as citizens of Oregon, to recover the possession of donation claims numbered 38 and 58, containing 578.60 acres, situate in the county of Columbia, state of Oregon. The complaint alleges that the plaintiff is the owner in fee-simple of the premises, and entitled to the possession of them; and “that the defendants wrongfully and unlawfully withhold the possession of the same from the plaintiff to his damage $200.”

The defendants, answering the complaint jointly, plead in abatement of…