Chord v. Huber
Oregon Supreme Court
Prom Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice McBride. • This is a suit by Eliza Chord against P. J. Huber to quiet title to certain real estate in the City of Baker. The complaint is in the usual form, and alleged that plaintiff was in possession of the premises at the commencement of this suit. Defendant answered denying plaintiff’s title and possession, and alleging title in fee in himself.
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Prom Baker: Gustav Anderson, Judge. In Banc. Statement by Mr. Justice McBride. • This is a suit by Eliza Chord against P. J. Huber to quiet title to certain real estate in the City of Baker. The complaint is in the usual form, and alleged that plaintiff was in possession of the premises at the commencement of this suit. Defendant answered denying plaintiff’s title and possession, and alleging title in fee in himself. He further pleaded adverse possession for more than ten years, and asked affirmative relief, but subsequently and before the conclusion of the trial obtained leave, without…
1Opinion of the CourtJustice McBride
The evidence is clear that plaintiff was not in possession at the time the suit was begun, but that defendant was in actual possession, although the question of whether such possession had been held adversely for ten years is debatable. The court dismissed the suit for the reason that plaintiff had not shown possession at the commencement of the suit as required by Section 516, L. O. L., but that defendant was in actual possession. That a party out of possession cannot maintain a suit to quiet title against one in actual *308possession is clearly established in this state: Edgar v. Edgar, 26 Or.…
2Cases cited4 opinions
- State v. Warner Valley Stock Co.Oregon Supreme Court · 1910
- Moore v. ShofnerOregon Supreme Court · 1902
- Edgar v. EdgarOregon Supreme Court · 1894
- Hendershott v. SagsvoldOregon Supreme Court · 1907