Legal Opinion

Scott v. McNeal

Washington Supreme Court

Decided December 2, 1892No. 682PublishedCited by 5 opinions

Appeal from Superior Court, Thurston Comity. This was an action of ejectment for the recovery of certain real estate, brought in the court below by Moses H. Scott, plaintiff, against John McNeal and Augustine McNeal, defendants. The complaint was in the ordinary form.

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Appeal from Superior Court, Thurston Comity. This was an action of ejectment for the recovery of certain real estate, brought in the court below by Moses H. Scott, plaintiff, against John McNeal and Augustine McNeal, defendants. The complaint was in the ordinary form. The answer of defendants admitted the title to the land in question in plaintiff Scott up to the year 18S8, but claimed that they had purchased this land from one Ward, who had bought it by virtue of certain probate proceedings had in the probate court for Thurston county, in the year 1888. The judgment of the lower court and…

1Opinion of the Court

The opinion of the court was delivered by

Scott, J.

This was an action of ejectment brought by appellant against the respondents to recocer possession of certain lands in Thurston county. The defendants claim the same under a deed from Samuel C. Ward, who had purchased the land at an administrator’s sale. In March, 1881, the appellant, who was at that time a resident of Thurston county, in this state, then territory, mysteriously disappeared. At that time he was the owner of the lands in question, the same being subject to a mortgage given to one T. F. McElroy. After a lapse of over seven years…

2Cases cited1 opinion

  1. Roderigas v. . East River Savings InstitutionNew York Court of Appeals · 1875

3Cited by5 opinions

  1. State ex rel. Young v. Superior CourtWashington Supreme Court · 1906
  2. Nash v. SawyerSupreme Court of Iowa · 1901
  3. State Ex Rel. Kempf v. Superior CourtWashington Supreme Court · 1929
  4. Estate of Kustel, Superior Court of California, County of San Francisco1884
  5. National Bank of Commerce v. McDonaldWashington Supreme Court · 1950

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