Morrison v. Holladay
Oregon Supreme Court
Appeal from Clatsop: Thos. A. McBride, Judge. This is an action brought by Mary E. Lattie-Morrison against Joseph Holladay, Chas. B. Bellinger, and W. A. Malin, to recover possession of an undivided one third of the donation land claim of Elizabeth Lattie in Clatsop County, Oregon.
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Appeal from Clatsop: Thos. A. McBride, Judge. This is an action brought by Mary E. Lattie-Morrison against Joseph Holladay, Chas. B. Bellinger, and W. A. Malin, to recover possession of an undivided one third of the donation land claim of Elizabeth Lattie in Clatsop County, Oregon. The defendants Bellinger and Malin by their answers denied being in possession of the property, and disclaimed any interest in or claim thereto, and the action was subsequently dismissed as to them. The defendant Holladay denied all the allegations of the complaint, except his possession, and set up as a defense…
1Opinion of the Court
Opinion by
Mr. Chief Justice Bean.
1. On the trial plaintiff gave evidence tending to show that during the time Mrs. Cloutrie and Ben Holladay were in possession of the property in controversy, they both recognized and admitted her right as a tenant in common with them, and that neither claimed an exclusive ownership or possession as against her, and did nothing amounting to an ouster. The defendant, however, contended, notwithstanding this fact, if it was a fact, that he had been in the adverse possession claiming as owner under the deeds from Mrs. Cloutrie and the real estate company for more…
2Cases cited12 opinions
- Freeman v. AldersonSupreme Court of the United States · 1886
- Brigham v. FayerweatherMassachusetts Supreme Judicial Court · 1886
- Wright v. KleylaIndiana Supreme Court · 1885
- Henry v. WoodsSupreme Court of Missouri · 1883
- Chiniquy v. Catholic Bishop of ChicagoIllinois Supreme Court · 1866
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3Cited by9 opinions
- Bliler v. BoswellWyoming Supreme Court · 1900
- Bennett v. BennettWest Virginia Supreme Court · 1922
- Robert Tavernier v. Weyerhaeuser Company, a CorporationCourt of Appeals for the Ninth Circuit · 1962
- Parkersville Drainage District v. WattierOregon Supreme Court · 1906
- Colby v. City of PortlandOregon Supreme Court · 1918
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