Bitney v. Grim
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Justice Burnett. This is a suit by L. M. Bitney and J. J. Stangel against Byron J. Grim, Thurston Grim, G. W. Dimick and Marion County, a public corporation, to quiet title to a tract of 19.72 acres of land in Marion County.
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From Marion: William Galloway, Judge. Statement by Mr. Justice Burnett. This is a suit by L. M. Bitney and J. J. Stangel against Byron J. Grim, Thurston Grim, G. W. Dimick and Marion County, a public corporation, to quiet title to a tract of 19.72 acres of land in Marion County. After the traverse of some allegations of the complaint, the defendants Grim assert, in substance, that a tract of 1.58 acres included within the boundaries of the premises claimed by the plaintiffs was dedicated by their ancestor as a public burying-ground, in which there are yet buried the remains of some of their…
1Opinion of the CourtJustice Burnett
Upon a consideration of the whole record it appears to be conceded by the defendants as a fact that *260the plaintiffs are the owners in fee simple of the premises described in their complaint except the cemetery mentioned and the county road. These constitute the grounds of dispute between the parties.
1. As to the county road, it clearly appears in the testimony that until a few years prior to the commencement of this suit there was a regularly traveled public road across the premises on the line described in the answer for about 40 years. Less than ten years ago the road supervisor changed the…
2Cases cited3 opinions
- Hines v. StateTennessee Supreme Court · 1911
- Tracy v. BittleSupreme Court of Missouri · 1908
- Roundtree v. HutchinsonWashington Supreme Court · 1910
3Cited by17 opinions
- POWERS ET UX. v. Coos Bay Lumber Co.Oregon Supreme Court · 1953
- Clarke v. KeatingAppellate Division of the Supreme Court of the State of New York · 1918
- Hull v. CLEMENSOregon Supreme Court · 1954
- Hertel v. WoodardOregon Supreme Court · 1948
- Eugene Pioneer Cemetery Ass'n v. Spencer Butte Lodge No. 9Oregon Supreme Court · 1961
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