Krueger v. Brooks
Oregon Supreme Court
From Multnomah.: Calvin U. Gantenbein, Judge. Department 1. This is a suit to quiet title. A trial resulted in a decree for the plaintiff W. C. Krueger. The defendant Carl O. Brooks appealed. The litigants own and occupy adjoining tracts of land.
Read the full summary
From Multnomah.: Calvin U. Gantenbein, Judge. Department 1. This is a suit to quiet title. A trial resulted in a decree for the plaintiff W. C. Krueger. The defendant Carl O. Brooks appealed. The litigants own and occupy adjoining tracts of land. The controversy arose out of the fact that when a survey was made it was discovered that a fence, which for considerably more than ten years had divided the lands as used and occupied by the litigants, was located between about 29 and 33 feet north of what would be the dividing line between the two tracts if a line were drawn upon the ground in…
1Opinion of the CourtHarris, J.
1. It is not necessary to state any additional facts or to relate any more of the evidence concerning the nature of the use which the plaintiff and his grantor made of the lands south of the fence; but it is enough to say that although the evidence in behalf of the plaintiff was contradicted by witnesses for the defendant, nevertheless, the record clearly shows that the plaintiff and his grantor have been in actual possession of and have used Tract D under claim of ownership for considerably more than ten years. The fact that all the land south of the fence • was cleared and the fact that all…
2Cases cited21 opinions
- Savage v. SavageOregon Supreme Court · 1908
- Kalyton v. KalytonOregon Supreme Court · 1903
- Mascall v. MurrayOregon Supreme Court · 1915
- Baldock v. AtwoodOregon Supreme Court · 1891
- Farmers' Bank v. SalingOregon Supreme Court · 1898
16 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Norgard v. Busher Et UxOregon Supreme Court · 1960
- Knecht v. SPAKEOregon Supreme Court · 1959
- Sertic v. RobertsOregon Supreme Court · 1943
- Manning v. GregoireOregon Supreme Court · 1920
- Cooley v. HendersonOregon Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.