Johnson v. North Star Lumber Co.

(after stating the facts as above). [ 1 ] 1. In Oregon, a person claiming an interest or estate in real property, not in the possession of another, may maintain a suit in equity to remove the cloud or to quiet title, without being in actual possession of the premises. Section 516, Lord’s Oregon Laws; McLeod v. Lloyd, 43 Or. 260, 272 , 71 Pac. 795 , 74 Pac. 491 ; Holland v. Challen, 110 U. S. 15, 17 ,.3 Sup. Ct. 495, 28 L. Ed. 52 . In such a suit, where a diversity of citizenship exists as it does here, the Circuit Court of the United States for the district of Oregon had jurisdiction of the controversy, and, the action being local to that district, the court had jurisdiction over the subject-matter. Section 8, Act March 3, 1875, c. 137, 18 Stat. 470 (U. S. Comp. St. 1901, p. 513); Dick v. Foraker, 155 U. S. 404, 410 , 15 Sup. Ct. 124, 39 L. Ed. 201 . Further, the defendant, by answering the bill of complaint on the merits, and by filing a cross-bill submitting his title to the jurisdiction of the court and praying for affirmative relief, waived any objection he might otherwise have had to the jurisdiction of the Circuit Court of the District of Oregon. Western Loan Co. v. Butte &…