Barnes v. Multnomah County
U.S. Circuit Court for the District of Oregon
This is an action in ejectment. After stating the necessary jurisdictional facts, the complaint alleges that the plaintiff is the owner in fee simple, and entitled to the immediate possession, of the real property in dispute (describing it), and that no one is in the actual possession of said premises, but that defendant is acting as owner thereof.
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This is an action in ejectment. After stating the necessary jurisdictional facts, the complaint alleges that the plaintiff is the owner in fee simple, and entitled to the immediate possession, of the real property in dispute (describing it), and that no one is in the actual possession of said premises, but that defendant is acting as owner thereof. The answer denies each and every allegation of the complaint, and for a separate defense alleges that prior to October 1, 1859, one John Barnes was the owner of a certain donation land claim, that the tract of land described in the complaint is a…
1Opinion of the CourtWofvfrton, District Judge
(after stating the facts). The questions presented are upon the motion for judgment. From the pleadings it appears that defendant’s title, if it has any, to the property in dispute is dependent upon the deed set out in the reply. It is ’shown further by the reply what the true consideration therefor was; so that in reality the court has before it on these pleadings all the *697facts necessary to a determination as to the validity of this deed, and the transaction itself, by which it was attempted to convey the property to the county. I say to the county, as the conveyance, if operative to…
2Cases cited17 opinions
- Chambers v. City of St. LouisSupreme Court of Missouri · 1860
- Mills v. CharletonWisconsin Supreme Court · 1872
- Case v. KellySupreme Court of the United States · 1890
- Raley v. Umatilla CountyOregon Supreme Court · 1887
- Heiskell v. Chickasaw LodgeTennessee Supreme Court · 1889
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3Cited by6 opinions
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- Bainbrich v. BoiesSupreme Court of Colorado · 1945
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