Nessley v. Ladd
Oregon Supreme Court
From Union: Morton D. Clifford, Judge. This is a suit by Homer Nessley against Freeman Ladd to quiet the title to certain premises described as the southwest quarter óf the southwest quarter of section twenty-eight, and the west half of the northwest quarter, and the southeast quarter of the northwest quarter of section thirty-three, all in township two south, range thirty-eight east, Willamette Meridian, situated in Union County, Oregon.
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From Union: Morton D. Clifford, Judge. This is a suit by Homer Nessley against Freeman Ladd to quiet the title to certain premises described as the southwest quarter óf the southwest quarter of section twenty-eight, and the west half of the northwest quarter, and the southeast quarter of the northwest quarter of section thirty-three, all in township two south, range thirty-eight east, Willamette Meridian, situated in Union County, Oregon. Plaintiffs allege that they are the owners in fee and in possession of said premises, and claim title through mesne conveyances from the government, and…
1Opinion of the Court
Opinion by
Me. Justice Wolverton.
1. Before proceeding to a discussion of the facts, we will determine a controversy which has arisen touching the practice of courts of equity involving the effect to be given to the reports of referees empowered to make findings of fact and law, and to such findings by the lower courts. The respondent contends, as expressed in the brief of his counsel, that “ the findings of a referee, in an equity case, based upon conflicting testimony, where the truth can only be arrived at by weighing the evidence and considering the credibility of the witnesses, will not be…
2Cases cited7 opinions
- Kohn v. McNultaSupreme Court of the United States · 1893
- The " Alabama " & the " Game-Cock."Supreme Court of the United States · 1876
- Lovejoy v. ChapmanOregon Supreme Court · 1893
- Bruce v. Phœnix InsuranceOregon Supreme Court · 1893
- Howe v. PattersonOregon Supreme Court · 1874
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Finlen v. HeinzeMontana Supreme Court · 1905
- Ward v. TOWN TAVERNOregon Supreme Court · 1951
- Rise v. SteckelCourt of Appeals of Oregon · 1982
- Coquille Mill & Mercantile Co. v. JohnsonOregon Supreme Court · 1908
- Sertic v. RobertsOregon Supreme Court · 1943
7 more not listed; retrieve them via the Exa API.