Legal Opinion

Wythe v. Salem

U.S. Circuit Court for the District of Oregon

Decided September 18, 1876Published

1Opinion of the Court

DEADY, District Judge.

This is an action to recover possession of a block of land in the town of Salem, known as Marion square.

The defendant, by its amended answer, filed January 21. 1S7G, admits that the plaintiff [W. T. Wythe] is the owner of the fee in the premises, but denies that he is entitled to the possession of them. Besides the denials, the answer contains three separate defenses, namely: (1) A former adjudication; (2) A dedication of the premises by Chloe A. Will-son, the grantor of the plaintiff, to the use of the inhabitants of said town, forever; and (3) an estoppel.

The…

2Cases cited3 opinions

  1. Lyon v. RichmondNew York Court of Chancery · 1816
  2. Heatherly v. HadleyOregon Supreme Court · 1868
  3. Fowler v. HaitNew York Supreme Court · 1813

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