105.010
Contents of complaint.
The plaintiff in the complaint shall set forth:
(1) The nature of
the estate of the plaintiff in the property, whether it be in fee, for life, or
for a term of years; including, when necessary, for whose life and the duration
of the term.
(2) That the
plaintiff is entitled to the possession thereof.
(3) That the
defendant wrongfully withholds the property from the plaintiff to the damage of
the plaintiff for such sum as is therein claimed.
(4) A description
of the property with such certainty as to enable the possession thereof to be
delivered if there is recovery.
Notes of Decisions
Cited in
5
cases (
1 in the last 5 years), 1955–2021 · leading case:
Hewitt v. THOMAS, 310 P.2d 313 (Or. 1957).
Hewitt v. THOMAS, 310 P.2d 313 (Or. 1957).
· cites it 2× “We think that a complaint which complies with ORS 105.010 is sufficient, in the absence of facts appearing on its face which invoke the bar of limitations.”
U.S. Bank Nat'l Ass'n v. Wright, 289 P.3d 361 (Or. Ct. App. 2012).
“)); ORS 105.010(1) (providing that a plaintiff’s complaint in an ejectment action shall set forth “[t]he nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of…”
Paatalo v. Lincoln Cnty., No. 6:21-cv-00117 (D. Or. July 2, 2021).
· cites it 4× “Paatalo now moves to eject Defendant McCarthy from the property pursuant to Or. Rev. Stat. § 105.010 . Pl.’s Compl. ¶¶34–39.”
Buschman v. Paull, 563 P.2d 1197 (Or. 1977).
“The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner thereof.”
Hughes v. Flier, 280 P.2d 992 (Or. 1955).
“The complaint is in the usual form for an action in ejectment and complies with the statute: § 8-203, OCLA (ORS 105.010). In their amended answer defendants denied all the allegations of plaintiff’s complaint and,for a further and separate answer and defense, alleged: “That…”
Or. Rev. Stat. § 105.010(1): 2 cases
U.S. Bank Nat'l Ass'n v. Wright, 289 P.3d 361 (Or. Ct. App. 2012).
“)); ORS 105.010(1) (providing that a plaintiff’s complaint in an ejectment action shall set forth “[t]he nature of the estate of the plaintiff in the property, whether it be in fee, for life, or for a term of years; including, when necessary, for whose life and the duration of…”
Buschman v. Paull, 563 P.2d 1197 (Or. 1977).
“The action shall be commenced against the person in the actual possession of the property at the time, or if the property is not in the actual possession of anyone, then against the person acting as the owner thereof.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.