Rhodes v. Peery

This is a suit to determine the title to two parcels of land which are a part of a donation land claim in Yamhill county, granted by the government to Alvis Kimsey and his wife, Elizabeth Kimsey, in 1866. The 161 acre tract involved is a part of the west half of the land claim owned by Alvis Kimsey. The other tract of 93.22 acres is in the east half of the claim and is a part of the original grant to Elizabeth Kimsey.

In the statement • of the case our attention will first be directed to the west half of the claim. Alvis Kimsey died intestate in August, 1856 and left surviving him, as his sole…