Tomasini v. Taylor
This text of 72 P. 324 (Tomasini v. Taylor) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
after stating the facts, delivered the opinion of the court.
This case, in our opinion, is on all fours with Smith v. Gardner, 12 Or. 221 (6 Pac. 771, 53 Am. Rep. 342), which was a suit to enjoin a trespass upon real property, wherein the defendant justified on the ground that the place where the trespass was committed was a public highway. The court held that the manifest object of the suit was to determine whether a highway existed across the lands of the plaintiff, and that equity did not have jurisdiction to try and determine that question, but plaintiff’s remedy was at law. The same question is presented here, and it is a matter of no consequence that in the case cited the [578]*578highway was claimed by dedication, and in this by prescription. The decree of the court below is therefore affirmed.
Affirmed.
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Cite This Page — Counsel Stack
72 P. 324, 42 Or. 576, 1903 Ore. LEXIS 134, Counsel Stack Legal Research, https://law.counselstack.com/opinion/tomasini-v-taylor-or-1903.