Beaver v. Davis

This case involves title to a strip of land between adjoining land owners. On October 12, 1972, plaintiff, record owner of the land in question, brought an action in ejectment (ORS 105.005 et seq) against the defendants. Defendants’ answer generally denied plaintiff’s allegations and affirmatively alleged they held the land by adverse possession and sought to quiet title in the name of defendants.

The case was tried to the court. The equitable defense was to be tried first but, as is often the case, both cases were tried at the same time and witnesses were called out of order. The trial court…