Bentley v. Jones
Oregon Supreme Court
Appeal from Linn County. The complaint alleges that the appellants are husband and wife, and that appellant Sai’ali Bentley is the owner in fee of the real property described in the complaint and alleged to have been impaired by a nuisance erected by said respondents, and that the appellants were in possession of said real property at the time of the alleged erection and maintenance of the nuisance described as aforesaid.
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Appeal from Linn County. The complaint alleges that the appellants are husband and wife, and that appellant Sai’ali Bentley is the owner in fee of the real property described in the complaint and alleged to have been impaired by a nuisance erected by said respondents, and that the appellants were in possession of said real property at the time of the alleged erection and maintenance of the nuisance described as aforesaid. The answer of the respondents denies that Sarah Bentley was at any time the owner in fee of said real property, or that appellants were in possession of the same. That upon…
1Opinion of the Court
By the Court,
Boise, J.:
The determination of this case depends upon the construction to be given to section 539 of the code, page 222. The first subdivision of that section provides that costs shall be allowed to the plaintiff upon a judgment in his favor: “In an action for the recovery of the possession of real property, or where a claim of title ■ or interest in real property, or right to the possession thereof arises upon the pleadings.”
This being an action for a nuisance affecting the use of the real property, the appellants, in order to recover, must prove that they were in the rightful…
2Cited by1 opinion
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