Cappelli v. Justice

This is a suit to quiet title. Defendants counterclaimed requesting that their title be quieted and that plaintiffs Hans and Viola Slette be required to remove certain encroachments from the property in question. Defendants appeal from a decree in favor of plaintiffs.

The property in question is a 30-foot strip of land which runs from the Nehalem Highway to the north eastern corner of the plaintiffs Cappelli’s land. The following diagram roughly depicts the location of the various parcels:

Plaintiffs, Raymond and Kathryn Cappelli, claim title in fee through a conveyance made to them on April…