Miller v. Fisher
Oregon Supreme Court
From Multnomah: William N. Gatens, Judge. Department 2. In June, 1913, the respondents commenced an acr tion of ejectment against the appellants, in the Circuit Court of Multnomah County, to recover possession of lots 20 and 21 in Block 2 of Park Addition to Albina, in the City of Portland. . To enjoin the prosecution of that action the Millers filed a cross-bill for equitable relief, to which the Fishers filed a demurrer upon the ground that there was no equity in the bill.
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From Multnomah: William N. Gatens, Judge. Department 2. In June, 1913, the respondents commenced an acr tion of ejectment against the appellants, in the Circuit Court of Multnomah County, to recover possession of lots 20 and 21 in Block 2 of Park Addition to Albina, in the City of Portland. . To enjoin the prosecution of that action the Millers filed a cross-bill for equitable relief, to which the Fishers filed a demurrer upon the ground that there was no equity in the bill. This demurrer was sustained by the lower court and from that decision an appeal was taken to this court (Miller v.…
1Opinion of the CourtJohns, J.
1, 2. The deed from James Steel and his wife to Anna Augusta Fisher was executed on November 30, 1883. The ex parte affidavit of James Steel was made on May 19, 1908, more than twenty-four years after the execution of the deed, and five years before the action in ejectment was instituted. It would not be evidence of any fact jbn this case: Section 790, L. O. L.; and neither would the payment of taxes upon either of said lots by any person be evidence upon any disputed fact in this case.
3-5. On November 30, 1883, Anna Augusta Fisher purchased and acquired title to lots 20 and 21 of Block 2 as…
2Cases cited1 opinion
- School Dist. No. 4 v. HartongOregon Supreme Court · 1918
3Cited by1 opinion
- Templeman v. LeighOregon Supreme Court · 1929