Kingsley v. United Rys. Co.
Oregon Supreme Court
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McNary. This is an action of ejectment instituted by plaintiff, E. D. Kingsley, to recover from the defendant United Railways Company, a corporation, possession of a quantity of land, being approximately 28 acres in Multnomah County, Oregon, and damages for the wrongful taking and withholding of the premises and for the rent, use and occupation thereof.
Read the full summary
From Multnomah: Henry E. McGinn, Judge. Statement by Mr. Justice McNary. This is an action of ejectment instituted by plaintiff, E. D. Kingsley, to recover from the defendant United Railways Company, a corporation, possession of a quantity of land, being approximately 28 acres in Multnomah County, Oregon, and damages for the wrongful taking and withholding of the premises and for the rent, use and occupation thereof. After alleging the corporate existence of defendant, and that it is engaged in operating an electric railway, plaintiff avers that during the month of April, 1906, A. L. Mills…
1Opinion of the CourtJustice McNary
The first and most important question to be determined arises from the contention that plaintiff has not the legal estate and right to possession of the premises as required by law to authorize ejectment. Except as modified by our statute, the common-law principles pertaining to ejectment are applicable. Upon referring to the statute, we note Section 325, L: O. L., which reads: “Any person who has a legal estate in real property, and a present right to the possession thereof, may recover such possession, with damages for withholding the same, by an action at law. Such action shall be…
2Cases cited7 opinions
- Roberts v. Northern Pacific RailroadSupreme Court of the United States · 1895
- Sommer v. ComptonOregon Supreme Court · 1908
- Sayre v. MohneyOregon Supreme Court · 1896
- Oregon Ry. & Nav. Co. v. HertzbergOregon Supreme Court · 1894
- Browning v. LewisOregon Supreme Court · 1901
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Clarke E. Davenport v. Mutual Benefit Health & Accident Association and Continental Casualty CompanyCourt of Appeals for the Ninth Circuit · 1963
- Hall Oil Co. v. BarquinWyoming Supreme Court · 1925
- O'HARRA v. PundtOregon Supreme Court · 1957
- Cays v. McDANIELOregon Supreme Court · 1955
- ROHNER ET UX v. NevilleOregon Supreme Court · 1961
14 more not listed; retrieve them via the Exa API.