Gallagher v. Kelliher
Oregon Supreme Court
From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by A. M. Gallagher against W. J. Kelliher and - Sawyer in ejectment.
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From Douglas: James W. Hamilton, Judge. Statement by Mr. Chief Justice Eakin. This is an action by A. M. Gallagher against W. J. Kelliher and - Sawyer in ejectment. Plaintiff alleges: That he is the owner and entitled to possession of the following described real estate in Douglas County, Oregon, “the same being a part of the donation land claim of George B. Finch, in township 27 S., of range 5 W., of Willamette meridian, and particularly described as: Beginning at the northwest corner of the tract of land commonly known as the Tine Grove Church Property/ and running thence southerly along…
1Opinion
On Petition for Rehearing.
Opinion by
Mr. Chief Justice Eakin.
Counsel for defendant contends that the deed from Genger to Collins, through which defendant claims title, conveys all the land owned by him not conveyed to the church people, which, he says, grants the very strip in dispute. But the statement assumes that the strip in dispute is not in the tract conveyed to the church people which can be made to appear only by proof of the location of the west line of the church tract. The only evidence that that line is other than the location of the old fence is the evidence of Germond, the…
2Cases cited6 opinions
- Stewart v. CarletonMichigan Supreme Court · 1875
- Reast v. DonaldTexas Supreme Court · 1892
- Olin v. HendersonMichigan Supreme Court · 1899
- Radford v. JohnsonNorth Dakota Supreme Court · 1898
- Burt v. BuschMichigan Supreme Court · 1890
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