Talbot v. Smith
Oregon Supreme Court
From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Eakin. This is a suit by Ella Talbot against W. K. Smith and others to quiet title to a piece of ground situated in the Talbot donation land claim in Multnomah County, Oregon.
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From Multnomah: Calvin U. Gantenbein, Judge. Statement by Mr. Justice Eakin. This is a suit by Ella Talbot against W. K. Smith and others to quiet title to a piece of ground situated in the Talbot donation land claim in Multnomah County, Oregon. John B. and Sarah Ann Talbot acquired a patent under the donation land law of the United States to the following described lands: Beginning at a point 9.47 chains east of the northeast corner of said section 8, township 1 south, range 1 east, W. M., running thence south 80 chains; thence west 80 chains; thence north 80 chains; and thence east 80…
1Opinion of the CourtJustice Eakin
1. It may be taken as conceded by plaintiff that the descriptions in the deeds executed by Talbot and wife to Watson and Beal include the ground claimed by her in this suit. As there is neither allegation nor proof to the contrary, plaintiff’s principal reliance for recovery is upon surveys of the claim purporting to establish the dividing line between the north half .and the south half of the claim, and the assumption that the deeds were not intended to convey any ground south of said division, line; also, that the building of the fence by Watson and Beal near the south line of their land…
2Cases cited3 opinions
- Sommer v. ComptonOregon Supreme Court · 1908
- King v. BrighamOregon Supreme Court · 1892
- Harris v. HayfieldWashington Supreme Court · 1892
3Cited by7 opinions
- Chapman v. DeanOregon Supreme Court · 1911
- Rose v. U. S. Lumber & Box Co.Oregon Supreme Court · 1923
- West v. McDonaldOregon Supreme Court · 1912
- Ross v. DeLorenzoCourt of Appeals of Oregon · 1983
- Bayne v. BrownOregon Supreme Court · 1911
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