Looney v. Sears
Oregon Supreme Court
From Gilliam: David R. Parker, Judge. In Banc. This is a suit brought to quiet title to a strip of land described as follows: Southeast quarter of northeast quarter, and the east half of the southeast quarter, of section 5, and the northwest quarter of the northwest quarter, of section 9, all in township 4, south of range 20, E. ~W. M. Gilliam County, Oregon. The lands in question were originally what is generally known as “Forfeited Northern Pacific Railroad lands.”
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From Gilliam: David R. Parker, Judge. In Banc. This is a suit brought to quiet title to a strip of land described as follows: Southeast quarter of northeast quarter, and the east half of the southeast quarter, of section 5, and the northwest quarter of the northwest quarter, of section 9, all in township 4, south of range 20, E. ~W. M. Gilliam County, Oregon. The lands in question were originally what is generally known as “Forfeited Northern Pacific Railroad lands.” These lands were for a long time supposed to be-a part of the land grant of-odd sections to the Northern Pacific railroad, and…
1Opinion of the CourtBennett, J.
There is no question but what the plaintiffs and their ancestor, William Looney, have been in possession of the land from the year 1900 up to the beginning of this suit. Neither can there be any serious question but what that possession' was open, notorious and exclusive.
The undisputed evidence shows that William Looney ha(l the land inclosed in the year 1900 (partly by his own fence, partly by the fence around his homestead *694adjoining and partly by connecting with the fences of other neighbors). In 1901 he built a house upon it, two stories high and 16x24 feet in diameter, and after-wards it…
2Cases cited3 opinions
- Dunnigan v. WoodOregon Supreme Court · 1911
- Smith v. BaduraOregon Supreme Court · 1914
- Bessler v. Powder River Gold Dredg. Co.Oregon Supreme Court · 1919
3Cited by10 opinions
- Reeves v. PortaOregon Supreme Court · 1943
- Phipps v. StancliffOregon Supreme Court · 1926
- Knecht v. SPAKEOregon Supreme Court · 1959
- Sertic v. RobertsOregon Supreme Court · 1943
- Heyting v. BottagliaOregon Supreme Court · 1927
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