Zumwalt v. Madden
Decision Date | 14 November 1892 |
Citation | 23 Or. 185,31 P. 400 |
Parties | ZUMWALT v. MADDEN. |
Court | Oregon Supreme Court |
Appeal from circuit court, Curry county; MARTIN L. PIPES, Judge.
Suit in equity by H.J. Zumwalt against Cyrus Madden to determine an adverse claim to title. From a decree overruling his demurrer to the complaint, defendant appeals. Affirmed.
Cyrus Madden, for appellant.
R.S. Strahan, for respondent.
This is a suit in equity to determine an adverse claim to title under section 504, Hill's Code. To maintain such a suit, the plaintiff must allege that he is in possession of the premises, and that the defendant claims an estate or interest therein, adverse to him, and call upon the defendant to set it forth in his answer. Goldsmith v. Gilliland, 10 Sawy. 610, 22 F. 865. The complaint is in the usual form. The defendant demurred to it on the ground that it does not state facts sufficient to constitute a cause of suit. His point of contention is that in suits in equity the probative facts must be alleged; but this is a mistake. It is the ultimate facts, and not the evidence, that should be pleaded under our Code of Procedure. The decree is affirmed, and remanded for such further proceedings as may be just and equitable.
To continue reading
Request your trial-
Pankey v. Ortiz
...301, 13 Sup. Ct. 595, 37 L. Ed. 459; Wall v. Magnes, 17 Colo. 476, 30 Pac. 56; Amter v. Conlon, 22 Colo. 150, 43 Pac. 1002; Zumwalt v. Madden, 23 Or. 185, 31 Pac. 400; Glasmann v. O'Donnell, 6 Utah, 446, 24 Pac. 537; Rough v. Simmons, 65 Cal. 227, 3 Pac. 804; Stratharn v. Dusy, 70 Cal. xx, ......
-
Mascall v. Murray
...the plaintiffs own some substantial interest which is named, and the title may be shown in any manner authorized by law. Zumwalt v. Madden, 23 Or. 185, 31 P. 400; v. Blair, 50 Or. 394, 397, 92 P. 1074; Savage v. Savage, 51 Or. 167, 170, 94 P. 182. The allegation of ownership in fee was alon......
-
Hanna v. Hope
... ... defendants Hope claim an interest therein. These allegations ... are sufficient. Zumwalt v. Madden, 23 Or. 185, 31 P ... 400; Savage v. Savage, 51 Or. 167, 170, 94 P. 182 ... The ... answer of defendants Hope ... ...
-
Savage v. Savage
... ... defining it, to put him to a disclaimer or to allegation and ... proof of the estate or interest which he claims. Zumwalt ... v. Madden, 23 Or. 185, 31 P. 400; Ladd v ... Mills, 44 Or. 224, 75 P. 141; Holmes v ... Wolfard, 47 Or. 93, 81 P. 819; ... ...