Brumbaugh v. Ashton

This is a suit in equity for a mandatory injunction to compel the defendants to remove a dwelling house from real property owned by the plaintiffs.

The record shows that, through no fault of the parties, the defendants, because of the nature of the area and a partial survey thereof, built a home upon what they believed was Lot 2, Bosky Dell, in Clackamas county, Oregon, real property which they own. A true survey disclosed that the dwelling had been constructed upon Lot 3, Bosky Dell, in Clackamas county, real property owned by the plaintiffs.

The trial court, after determining the plaintiffs…