77 P. 395 | Or. | 1904
after stating the facts in the foregoing terms, delivered the opinion of the court.
1. The motion to strike out paragraph four of the complaint was properly overruled. The right to recover damages for withholding the possession of real property, given by Section 326, B. & 0. Comp.,
2. On motion of the plaintiff the court excluded all
3. The defendant offered in evidence the decree of the circuit court, rendered in the suit in equity brought by the plaintiff against the defendant to quiet his title; but the court refused to admit it, and in this there was no error. The decree had been reversed, and a final decree rendered in this court establishing the plaintiff’s title, and the rights of the parties must be ascertained from the decree on appeal, and not from that of the court below: Gentry v. Pacific Livestock Co. 45 Or. 233 (77 Pac. 115).
4. The remaining question discussed in the brief is based on the alleged error of the trial court in refusing
It follows that the judgment must be affirmed, and it is so ordered. Affirmed.
This section is as follows: “Any person who has * * may recover such possession, with damages for withholding the same, by an action at law.”