Pubols v. Jacobsen
Oregon Supreme Court
Prom Washington: James U. Campbell, Judge. Department 1. Defendant Jacobsen began an action in ejectment against the plaintiff, whereby he sought to recover possession of 8.64 acres of land in Washington County. An answer was filed therein denying the material allegations of the complaint, and affirmatively alleging that his defense, together with certain affirmative relief were based upon facts and conditions cognizable only in a court of equity.
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Prom Washington: James U. Campbell, Judge. Department 1. Defendant Jacobsen began an action in ejectment against the plaintiff, whereby he sought to recover possession of 8.64 acres of land in Washington County. An answer was filed therein denying the material allegations of the complaint, and affirmatively alleging that his defense, together with certain affirmative relief were based upon facts and conditions cognizable only in a court of equity. He then filed a cross-bill in equity. From this pleading it appears that plaintiff and the defendant Peder Jacobsen are the several owners of two…
1Opinion of the CourtBenson, J.
The trial court made findings of fact substantially in accord with the allegations of the complaint. We have read the evidence with great care and are satisfied that these findings are fully justified.
1. From the testimony it appears that for at least twenty years the plaintiff and his predecessors have occupied his farm, claiming to oym the land up to the fence on the westerly side, and the defendant Jacob-sen had always acquiesced in this line, never suspecting that he had any claim to a portion of the land on the easterly side of the fence until he had the survey made in 1913. The fence…
2Cases cited5 opinions
- South Portland Land Co. v. MungerOregon Supreme Court · 1900
- Campbell's Gas Burner Co. v. HammerOregon Supreme Court · 1915
- Ramsey v. OgdenOregon Supreme Court · 1893
- Fellman v. Tidewater Mill Co.Oregon Supreme Court · 1915
- Mount v. McAulayOregon Supreme Court · 1906
3Cited by2 opinions
- Motes v. PacifiCorpCourt of Appeals of Oregon · 2009
- TIEU v. MorganCourt of Appeals of Oregon · 2011