McCoy v. Thompson
Oregon Supreme Court
From Marion: William Galloway, Judge. Department 1. Statement by Me. Justice Haréis. Alice McCoy is prosecuting this suit in an attempt to enjoin E. A. Thompson from inclosing and occupying a strip of land 40 feet in width, which the latter claims to own and the former asserts is a street. The controversy arises out of the platting of an addition to the unincorporated town of Mill City.
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From Marion: William Galloway, Judge. Department 1. Statement by Me. Justice Haréis. Alice McCoy is prosecuting this suit in an attempt to enjoin E. A. Thompson from inclosing and occupying a strip of land 40 feet in width, which the latter claims to own and the former asserts is a street. The controversy arises out of the platting of an addition to the unincorporated town of Mill City. H. J. Hadley owned a considerable tract of land which was bounded on the south by the Santiam Eiver. Hadley platted the south end of the tract and left the remainder unplatted. The plat delineates 12 lots…
1Opinion of the CourtJustice Harris
Although the plaintiff contends that a street extends from Front Street for a distance of 160 feet, or 60 feet beyond the rear or north end of lot No. 1, yet, since there is no evidence to sustain a finding that a street extends farther than 100 feet or the length of lot 1, we shall confine our attention to the question of whether a street 40 feet wide extends from Front Street along the east side of lot No. 1. If Hadley did not by his acts and conduct dedicate the disputed strip as a street, then plaintiff cannot prevail, and therefore the first inquiry is whether there was a dedication.
The…
2Cases cited30 opinions
- State v. ReedSupreme Court of Kansas · 1894
- Carter v. City of PortlandOregon Supreme Court · 1873
- Meier v. Portland Cable Railway Co.Oregon Supreme Court · 1888
- City of Denver v. ClementsSupreme Court of Colorado · 1877
- Lewis v. City of PortlandOregon Supreme Court · 1893
25 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Tualatin Development Co. v. Department of RevenueOregon Supreme Court · 1970
- Frye v. King CountyWashington Supreme Court · 1929
- Sunset Lake Water Service District v. RemingtonCourt of Appeals of Oregon · 1980
- Dayton v. JordanCoos County Circuit Court, Oregon · 2016
- Miller v. Roy W. Heinrich & Co.Oregon Supreme Court · 1970
16 more not listed; retrieve them via the Exa API.