Andrews v. Eastern Oregon Land Co., 203 U.S. 127 (1906)

Andrews v. Eastern Oregon Land Company

No. 48

Argued October 19, 1906
Decided November 12, 1906
203 U.S. 127

ERROR TO THE SUPREME COURT

OF THE STATE OF OREGON

Syllabus

Although the record of a case here on writ of error may fail to show how the facts on which the highest court of a state set aside the findings of the trial court were brought to its attention, this Court cannot ignore the recitals of what it considered if it appears that testimony was in fact taken.

When the conclusions of the highest court of a state reversing the trial court are in harmony with the general rule as to the effect to be given to a patent of the United States, this Court is not justified in setting the judgment side upon a presumption of what might have been the testimony upon which the trial court made it findings.

45 Ore. 203 affirmed.

The facts are stated in the opinion.