Ladd v. Mills
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. This suit was brought by "William M. Ladd, as .administrator of the estate of A. H. Johnson, deceased, against W. L. B. Mills to determine an adverse claim to real estate.
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From Douglas: James W. Hamilton, Judge. This suit was brought by "William M. Ladd, as .administrator of the estate of A. H. Johnson, deceased, against W. L. B. Mills to determine an adverse claim to real estate. The complaint alleges that Johnson became the owner of the property on November 3, 1890, and, while the owner, died intestate; that the plaintiff was duly appointed his administrator, and ever since his appointment has been in the exclusive possession of the property; that Johnson’s estate is insolvent, and that it will be necessary to sell the property to satisfy the claims againt…
1Opinion of the CourtJustice Bean
Defendant does not contend that the tax title held by him is valid, but his position is (1) that there is no legal *226evidence that the plaintiff or Johnson’s estate is the owner of the property in controversy; and (2) that the plaintiff has no capacity to maintain this suit.
1. The answer alleges that one James Chenoweth was the original owner of the property. At the trial there was offered and admitted in evidence a deed, regular in form, from the administrator of Chenoweth’s estate to the plaintiff as administrator of the Johnson estate, purporting to have been made in lieu of a deed formerly…
2Cases cited4 opinions
- Stark v. StarrsSupreme Court of the United States · 1868
- Pennie v. HildrethCalifornia Supreme Court · 1889
- Laverty v. Sexton & SonSupreme Court of Iowa · 1875
- King v. BoydOregon Supreme Court · 1873
3Cited by15 opinions
- Savage v. SavageOregon Supreme Court · 1908
- Brown v. LairdOregon Supreme Court · 1930
- Bamforth v. IhmsenWyoming Supreme Court · 1922
- Mascall v. MurrayOregon Supreme Court · 1915
- ROHNER ET UX v. NevilleOregon Supreme Court · 1961
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