Legal Opinion

Seabrook v. Coos Bay Ice Co.

Oregon Supreme Court

Decided June 1, 1909PublishedCited by 21 opinions

Statement by Mr. Justice Eakin. This is the second appeal of this action. For former appeal, see 49 Or. 237 (89 Pac. 417). This is an action in ejectment to recover possession of the following described property: “Beginning at the intersection of the south boundary line of block 66 of Nasburg’s addition to the city of Marshfield, projected easterly with the easterly line of Front street, in said Nasburg’s addition to the city of Marshfield, projected southeasterly; thence…

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Statement by Mr. Justice Eakin. This is the second appeal of this action. For former appeal, see 49 Or. 237 (89 Pac. 417). This is an action in ejectment to recover possession of the following described property: “Beginning at the intersection of the south boundary line of block 66 of Nasburg’s addition to the city of Marshfield, projected easterly with the easterly line of Front street, in said Nasburg’s addition to the city of Marshfield, projected southeasterly; thence east to the harbor line of Coos Bay, established by the United States War Department, the same being east of the low-water…

1Opinion of the CourtJustice Eakin

1. There are but two principal issues involved here: (1) Is there a tract of land between the Fox and Webster *175tracts that may be included in the State deed to plaintiff’s grantor? (2) As to the true location of the south line of the Fox tract. Defendant also pleads title by adverse possession. The grounds of the motion for nonsuit, relied upon, are: (1) That neither the pleading nor proof identifies the property described in the complaint with the property described in the deed to the plaintiff from his grantor, Lapp; (2) that plaintiff has only proved title to the tide land, namely, land…

2Cases cited1 opinion

  1. Seabrook v. Coos Bay Ice Co.Oregon Supreme Court · 1907

3Cited by21 opinions

  1. Parker v. WolfOregon Supreme Court · 1914
  2. Brewster v. SpringerOregon Supreme Court · 1916
  3. Wilkens v. Western States Grocery Co.Oregon Supreme Court · 1941
  4. Gallagher v. KelliherOregon Supreme Court · 1911
  5. State Ex Rel. United Railways Co. v. EkwallOregon Supreme Court · 1930

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