Winthers v. Bertrand

In this suit for a decree declaring plaintiff to be the owner of certain real property and for an injunction requiring defendant to remove part of a building alleged to be encroaching upon plaintiff’s land, the defense was title by adverse possession. The trial court found title to be in plaintiff and decreed that the encroaching building be removed.

The only issue on the adverse possession question is, did the defendant and her husband, now deceased, possess for the ten-year period the property in dispute? ORS 12.050.

Plaintiff’s land is bounded on the west by that of the defendant. The…