Fahey v. City of Bend

This is an action for slander of title and trespass to land. Plaintiffs pray for damages and for an injunction restraining defendants from asserting any claim to the land. The trial court sustained a demurrer to plaintiffs’ complaint and plaintiffs appeal.

The land in dispute is the west one-half of a vacated street lying adjacent to Lots 1 and 2, Block 26, Bend Park, City of Bend, Oregon. The complaint alleges that the street was vacated in 1952 and that the city subsequently took title to Lots 1 and 2 for unpaid street assessments. Thereafter the city conveyed Lots 1 and 2 to plaintiffs’…