Hoffman v. Dorris
Oregon Supreme Court
From Lane: George F. Skipworth, Judge. This is a suit, by Eugenie Hoffman, Edith M. Swan-ton and Helen H. Hoffman against George B. Dorris. From an adverse decree plaintiffs appeal. Department 1. Statement by Mr. Justice Benson. This is a suit to enjoin the obstruction of an alley or right of way which is claimed by the plaintiffs to be appurtenant to certain real property owned by them.
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From Lane: George F. Skipworth, Judge. This is a suit, by Eugenie Hoffman, Edith M. Swan-ton and Helen H. Hoffman against George B. Dorris. From an adverse decree plaintiffs appeal. Department 1. Statement by Mr. Justice Benson. This is a suit to enjoin the obstruction of an alley or right of way which is claimed by the plaintiffs to be appurtenant to certain real property owned by them. It appears from the record that on August 28, 1886, defendant and his wife conveyed to James Hoffman and Henry Hoffman a tract of land which is described in the deed thus: “Commencing at the southwest corner…
1Opinion of the CourtJustice Benson
The pleading and the contention of the litigants can be more clearly comprehended by an examination of the following drawing:
1. Plaintiffs contend that the deed describes the rig’ht of way as the rectangle marked A, and the de*629fendant insists that the alley described in the written instrument is the ground inclosed in the rectangle B. We are wholly at a loss to comprehend defendant’s contention upon this point, for it appears to us perfectly clear that the description in the deed identifies the alley as being the ground indicated by the rectangle A and we cannot perceive any ambiguity in the…
2Cited by10 opinions
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- Bloech v. Hyland Homes Co.Oregon Supreme Court · 1926
- State Ex Rel. Weatherford v. HayworthOregon Supreme Court · 1936
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