Flanagan Estate v. Marshfield Trading Co.
Oregon Supreme Court
From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice McBride. This is a suit by the Flanagan Estate, a corporation, Robert E. Shine and J. W. Reynolds against the Marshfield Realty and Trading Company, a corporation, to quiet title to block A in Railroad addition to the city of Marshfield.
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From Coos: James W. Hamilton, Judge. Statement by Mr. Chief Justice McBride. This is a suit by the Flanagan Estate, a corporation, Robert E. Shine and J. W. Reynolds against the Marshfield Realty and Trading Company, a corporation, to quiet title to block A in Railroad addition to the city of Marshfield. In 1873 E. B. Dean and David Wilcox were the owners of lot 9, section 35, township 25 south, range 13 west of the Willamette meridian, and in April of that year formed a partnership with C. H. Merchant, conveying to him a one-eighth interest in lot 9. In 1889 the partnership was dissolved,…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
1. It requires no citation of authorities to support the proposition that, where the corner is included within two straight lines, a description of an acre in such corner is sufficiently definite; but in this case the “corner” is rounding and irregular, and it is possible to lay off an acre with the base given in the deed in half a dozen different ways. The exception is too indefinite to include any particular land, unless the subsequent acts of the parties have made it definite. By the great preponderance of the testimony, we are of the opinion that the…
2Cited by3 opinions
- Shields v. CampbellOregon Supreme Court · 1977
- Osburn v. LucasOregon Supreme Court · 1972
- Kitchin v. Oregon Nursery Co.Oregon Supreme Court · 1913