Day v. Celoria Et Ux.

The learned circuit judge sustained tbe demurrer on authority of the case of State Land Board v. Lee, 84 Or. 431 (165 Pac. 372). That case involved only one question, namely: Whether or not the statute of limitations applied to the State Land Board. Section 9890 was not in force when that case was submitted to this court. It was properly held in that case that it did not because the state was the real party in interest. The statute is not operative against a demand of the state.

Mr. Justice Bean in Hydraulic Mining Co. v. Smith, 100 Or. 86, 104 (196 Pac. 811) strongly intimates that payments…