Vandolf v. Otis
Oregon Supreme Court
Appeal from Marion.—Chancery Injunction. In the District Court of Marion County, at the November term, an injunction in this cause, previously granted by the chief-justice, on a hearing at chambers, was rendered perpetual, enjoining the defendant from further use and occupation of the plaintiff’s land claim. Defendant appealed from the decision of the District Court, and, upon hearing in the Supreme Court, the decree in the court below was affirmed.
1Opinion of the Court
"Williams, C. J.
The difficulty in this case consists in determining whether a settler, in all other respects qualified, can hold 640 acres of land under the donation act, when the wife of such settler is a woman of the Indian race. Defendant admits that he has attempted to take and use the south half of plaintiff’s claim; but says the said south half has been set apart by the surveyor-general to the Indian wife of plaintiff ; therefore, he has a right to take and treat the land so set apart as vacant land.
Plaintiff claims under section four of said act, which provides that “ there shall be…
2Cited by4 opinions
- Murray v. MurrayOregon Supreme Court · 1876
- Equity Savings & Loan Co. v. MercurioCity of Cleveland Municipal Court · 1937
- Lamb v. StarrU.S. Circuit Court for the District of Oregon · 1868
- Stevens v. SharpU.S. Circuit Court for the District of Oregon · 1879