Weatherford v. McKay
Oregon Supreme Court
From Lincoln: Lawrence T. Harris, Judge. Statement by Mr. Justice Moore. This is an action by J. K. Weatherford against Robert McKay to recover the possession of real -property, with damages for withholding the same.
Read the full summary
From Lincoln: Lawrence T. Harris, Judge. Statement by Mr. Justice Moore. This is an action by J. K. Weatherford against Robert McKay to recover the possession of real -property, with damages for withholding the same. The cause being at issue was tried without a jury, and findings of fact were made by the court in substance as follows: That on September 3, 1900, Luther V. Fox made a homestead entry for 160 acres of land in Lincoln County, describing the premises, and on January 20, 1902, he secured from the receiver of the local land office a final certificate therefor; that on October 9,…
1Opinion of the CourtJustice Moore
No transcript of the testimony has been brought up, and the only question to be considered is whether or not the findings of fact support the judgment.
1. Our statute, regulating the practice in ejectment, contains clauses as follows:
“Any person who has a legal estate in real property and á present right to the possession thereof may recover such possession with damages for withholding the same, by an action at law.” Section 325, L. O. L.
“The judgment therein shall be conclusive as to the estate in such property and the right to the possession thereof, so far as the same is thereby determined,…
2Cases cited12 opinions
- Fenn v. HolmeSupreme Court of the United States · 1859
- Coryell v. CainCalifornia Supreme Court · 1860
- Pierce v. FraceWashington Supreme Court · 1891
- Hoover v. KingOregon Supreme Court · 1903
- Joy v. StumpOregon Supreme Court · 1887
7 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State v. HydeOregon Supreme Court · 1918
- Herrett v. Warmsprings Irrigation DistrictOregon Supreme Court · 1917
- Phipps v. StancliffOregon Supreme Court · 1924
- Spears v. DizickCourt of Appeals of Oregon · 2010
- U.S. Bank National Ass'n v. WrightCourt of Appeals of Oregon · 2012
2 more not listed; retrieve them via the Exa API.