State ex rel. Highway Division v. Rosanbalm

The State of Oregon brought this action in ejectment to recover possession of a 1.5 acre tract. Defendant asserted title by adverse possession as an affirmative defense and counterclaimed for trespass. The trial court, sitting without a jury, found defendants to have title by virtue of their predecessor’s adverse possession. The state appeals.

It was stipulated that the state has a good record title to the disputed property and the defendants have no record title to any of it. By their affirmative defense defendants put in issue title in themselves or third persons, and the burden of proof was…