Coquille Mill & Mercantile Co. v. Johnson
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. This is an action in ejectment by the Coquille Mill & Mercantile Co. against Alfred Johnson and the Johnson Lumber Co. From a judgment rendered upon a verdict in favor of the defendants, plaintiff appeals. Statement by Mr. Commissioner Slater.
Read the full summary
From Coos: James W. Hamilton, Judge. This is an action in ejectment by the Coquille Mill & Mercantile Co. against Alfred Johnson and the Johnson Lumber Co. From a judgment rendered upon a verdict in favor of the defendants, plaintiff appeals. Statement by Mr. Commissioner Slater. This is an action in ejectment to recover possession of certain described real property, being, as stated in the complaint, “inclosed by a boom for catching and holding logs, and timber, and lying and being in the navigable water of the Coquille River in front of lot 2 in Section 7, and lots 6 and 7 in Section 18,…
1Opinion of the Court
Opinion by
Mr. Commissioner Slater.
At the close of the testimony, plaintiff moved for a directed verdict in his favor, which was denied by the *549court, and this is assigned as the principal error upon which a reversal of the judgment is sought. Plaintiff was not able to show any paper title in itself, but relied upon title by adverse possession, not only as against defendants, but as against the State.
1. But there are two reasons why it cannot maintain its position in this action (1) Because it is estopped from denying that defendants’ grantors ever had any right to construct and maintain a boom…
2Cases cited11 opinions
- Boom Co. v. PattersonSupreme Court of the United States · 1879
- Ricard v. WilliamsSupreme Court of the United States · 1822
- Diedrich v. Northwestern Union Railway Co.Wisconsin Supreme Court · 1877
- Bowlby v. ShivelyOregon Supreme Court · 1892
- Hume v. Rogue River Packing Co.Oregon Supreme Court · 1907
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Hough v. PorterOregon Supreme Court · 1909
- Anthony v. VeatchOregon Supreme Court · 1950
- Re Determination of Water Rights of Hood River.Oregon Supreme Court · 1923
- Pacific Elevator Co. v. PortlandOregon Supreme Court · 1913
- Scott v. ElliottOregon Supreme Court · 1969
13 more not listed; retrieve them via the Exa API.