Legal Opinion

Barton v. Portland

Oregon Supreme Court

Decided December 29, 1914PublishedCited by 9 opinions

Prom Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This is a suit by Prank G. Barton against the City of Portland and others to quiet title to real property.

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Prom Multnomah: Henry E. McGinn, Judge. Department 1. Statement by Mr. Justice Moore. This is a suit by Prank G. Barton against the City of Portland and others to quiet title to real property. The cause was tried upon an agreed statement of facts to the effect that on February 4, 1867, C. S. Silver, as administrator of the estate of Pinice Caruthers, deceased, duly executed, filed, and caused properly to be' recorded a plat of Caruthers’ Addition to Caruthers’ Addition to the City of Portland, Oregon, thereby dedicating to the public the streets represented on the map: Section 3266, L. O. L.…

1Opinion of the CourtJustice Moore

1. It is contended that, the court having found that the plaintiff and those under whom he asserts title had been in the exclusive, continuous, adverse possession of the land in question for more than ten years prior to May 24, 1895, when the statute went into effect declaring that the right of cities within the state to land dedicated for the public use of streets should not be extinguished by adverse possession however long continued (Section 6371, L. O. L.), an error was committed in denying the relief prayed for in the complaint. The rule has been followed in this state that the ordinary…

2Cases cited9 opinions

  1. Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
  2. Schooling v. HarrisburgOregon Supreme Court · 1903
  3. Oliver v. SynhorstOregon Supreme Court · 1906
  4. Christian v. EugeneOregon Supreme Court · 1907
  5. Silverton v. BrownOregon Supreme Court · 1912

4 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. McCoy v. ThompsonOregon Supreme Court · 1917
  2. SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
  3. City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
  4. Dabney v. City of PortlandOregon Supreme Court · 1928
  5. LDS Development, LLC v. City of EugeneCourt of Appeals of Oregon · 2016

4 more not listed; retrieve them via the Exa API.

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