Rall Et Ux. v. Purcell Et Ux.

Plaintiffs owned a five-acre tract of land in Clackamas county which was bounded on one side- by a public highway. They sold and conveyed to defendants one acre thereof alongside of the road and now own the remainder of the land. Following the description of the land conveyed is a clause in the deed reading as follows: “Excepting from this conveyance a strip of land 15 feet in width along the north side thereof to be used as a roadway.”

This suit was brought to quiet title to the strip, plaintiffs and defendants each claiming to be the owners in fee thereof. Plaintiffs have no other way of…