Teal v. Collins
Oregon Supreme Court
Appeal from Polk. The facts are stated in the opinion. All points in this case arise on the complaint; the averments which bear most strongly against the pleader will he taken as true.- (Bell v. Brown, 22 Cal., 671; Dickinson v. Maguire, 9 Cal., 46; 1 Chitty PI., 237, 241.) The complaint avers “that plaintiff is the owner in fee simple of the premises,” &c. An estate in fee simple is the entire and absolute interest and property in the land.
Read the full summary
Appeal from Polk. The facts are stated in the opinion. All points in this case arise on the complaint; the averments which bear most strongly against the pleader will he taken as true.- (Bell v. Brown, 22 Cal., 671; Dickinson v. Maguire, 9 Cal., 46; 1 Chitty PI., 237, 241.) The complaint avers “that plaintiff is the owner in fee simple of the premises,” &c. An estate in fee simple is the entire and absolute interest and property in the land. Hence it follows that no one can have a greater estate. (Willard on Peal Estate, 50.) The complaint shows that plaintiff has a complete remedy at law;…
1Opinion of the Court
By the Court,
Lord, C. J.:
This is a suit to quiet title. The complaint alleges that the plaintiff is the owner in fee, and in possession of certain lands therein particularly described, situated in Polk county, Oregon, and their proceeds. “ That the defendant claims to be the owner of said premises by a chain of conveyances from the U. S. Government. That said claim of said defendant is wrongful and untrue, and a cloud on plaintiff’s title. That plaintiff is the owner in fee of said premises by a good and sufficient chain of conveyances from the IT. S. Government, which are prior in their…
2Cases cited3 opinions
- Hibernia Savings & Loan Society v. OrdwayCalifornia Supreme Court · 1869
- Bissell v. KelloggNew York Supreme Court · 1871
- Collart v. FiskWisconsin Supreme Court · 1875
3Cited by10 opinions
- O'Hara v. ParkerOregon Supreme Court · 1895
- McGuinness v. HargissWashington Supreme Court · 1909
- Watson v. GloverWashington Supreme Court · 1899
- McLeod v. LloydOregon Supreme Court · 1903
- Moores v. Clackamas CountyOregon Supreme Court · 1902
5 more not listed; retrieve them via the Exa API.