First National Bank v. McDonald
Oregon Supreme Court
From Umatilla: W. R. Ellis, Judge. This is au action by the First National Bank of Walla Walla against D. McDonald to recover the possession of a strip of land in section 28, township 5 north, range 35 east, in Umatilla County, Oregon, involving a question of boundary between the southeast and southwest quarters of that section.
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From Umatilla: W. R. Ellis, Judge. This is au action by the First National Bank of Walla Walla against D. McDonald to recover the possession of a strip of land in section 28, township 5 north, range 35 east, in Umatilla County, Oregon, involving a question of boundary between the southeast and southwest quarters of that section. It is alleged in the complaint that plaintiff is a corporation, and the owner and entitled to the possession of the disputed premises, particularly describing them; and that defendant is, and has been since April 21, 1898, in unlawful possession thereof. The answer…
1Opinion of the CourtChief Justice Moore
It is contended by plaintiff’s counsel that the court erred in giving, over their objection and exception, the following instruction: “Where two parties by mutual and unqualified agreement cause a boundary line to be established between their tracts, and build their fences upon such boundary line, and afterwards dispose of the lands owned by them respectively, with the division fence so marked upon the ground, and the purchaser of either of said parties buys, relying upon the line so established, the other party is estopped from denying that such line is the true boundary line; and if you…
2Cases cited12 opinions
- Woodward v. O. R. & N. Co.Oregon Supreme Court · 1890
- Rugh v. OttenheimerOregon Supreme Court · 1877
- Morrison v. McAteeOregon Supreme Court · 1893
- Bruce v. Phœnix InsuranceOregon Supreme Court · 1893
- Pearson v. DrydenOregon Supreme Court · 1896
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Godvig v. LopezOregon Supreme Court · 1949
- Stamm v. WoodOregon Supreme Court · 1917
- Consolidated Freightways Corp. of Del. v. EddyOregon Supreme Court · 1973
- Couch v. Scandinavian-American BankOregon Supreme Court · 1921
- Tonseth v. Portland Ry., L. & P. Co.Oregon Supreme Court · 1914
4 more not listed; retrieve them via the Exa API.