Legal Opinion

Nehalem Timber Co. v. Columbia County

Oregon Supreme Court

Decided July 20, 1920PublishedCited by 17 opinions

From Columbia: James A. Eakin, Judge. Department 1. This is a suit against Columbia County and its sheriff to remove a cloud upon the plaintiff’s title and interest in certain timber lauds in that county.

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From Columbia: James A. Eakin, Judge. Department 1. This is a suit against Columbia County and its sheriff to remove a cloud upon the plaintiff’s title and interest in certain timber lauds in that county. In substance, it is averred in the complaint that the realty in question was included in the land granted to the State of Oregon by the United States government by the acts of Congress of July 25, 1866 (11 Stat. 239), June 25, 1868 (15 Stat. 80), April 10, 1869 (16 Stat. 17), and May 1, 1870 (16 Stat. 91), to aid in the construction of railroads; and that by mesne conveyances the title came…

1Opinion of the CourtBurnett, J.

1-3. As recited by the complaint, the plain effect of the legislation of Congress as construed by the federal courts was to vest in the railroad companies a title to the land to the extent of $2.50 per acre, and no more, and the balance of the estate remained in the United States government. At the utmost, therefore, the only taxable interest in the realty was that of the Railroad Company at the value mentioned. Section 3551, L. O. L., declares that:

“All real property within this state, and all personal property situated or owned within this state, except such as may be specifically exempted…

2Cases cited11 opinions

  1. O'Hara v. ParkerOregon Supreme Court · 1895
  2. Anderson v. Miami Lumber Co.Oregon Supreme Court · 1911
  3. Sievers v. BrownOregon Supreme Court · 1899
  4. Higinbotham v. FrockOregon Supreme Court · 1906
  5. Ankeny v. BlakleyOregon Supreme Court · 1903

6 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Belt Et Ux. v. MatsonOregon Supreme Court · 1926
  2. Edward Hines Lumber Co. v. Lane CountyOregon Supreme Court · 1952
  3. Security Savings & Trust Co. v. Lane CountyOregon Supreme Court · 1935
  4. First National Bank v. Marion CountyOregon Supreme Court · 1942
  5. United States v. Oregon & CR Co.District Court, D. Oregon · 1925

12 more not listed; retrieve them via the Exa API.

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