Lais v. Smith
Oregon Supreme Court
From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. The controversy in- this case arises in a proceeding by J. G. Lais to register the title to real property under Section 7179 et seq., L. O. L., in which it is alleged that the defendant, W. R. Smith, claims an interest or estate in a portion of the real property described in the application. ■ Smith, answering, alleges ownership acquired by adverse possession of 10.3 acres of land in the northeast…
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From Marion: William Galloway, Judge. Statement by Mr. Chief Justice Eakin. The controversy in- this case arises in a proceeding by J. G. Lais to register the title to real property under Section 7179 et seq., L. O. L., in which it is alleged that the defendant, W. R. Smith, claims an interest or estate in a portion of the real property described in the application. ■ Smith, answering, alleges ownership acquired by adverse possession of 10.3 acres of land in the northeast corner of the southeast quarter of section 29, township 7 south, range 1 east, Willamette meridian, which he .describes by…
1Opinion of the Court
Opinion by
Mr. Chief Justice Eakin.
Without determining the sufficiency of defendant’s adverse holding to constitute a legal title, we find upon reading the evidence that defendant is not entitled to any relief, even if the facts proved establish adverse possession of some part of the tract.
1. Title by adverse possession where the entry-was not made under color of title can be acquired only to the ground actually occupied. The possession must be visible, hostile, and exclusive, and cannot be' extended beyond the limits of the actual occupation. Joy v. Stump, 14 Or. 361 (12 Pac. 929).
2. The…
2Cases cited2 opinions
- Joy v. StumpOregon Supreme Court · 1887
- Hamilton v. FluornoyOregon Supreme Court · 1903
3Cited by6 opinions
- Reeves v. PortaOregon Supreme Court · 1943
- Springer v. DURRETTE ET UXOregon Supreme Court · 1959
- State ex rel. Prall v. District CourtSupreme Court of Minnesota · 1914
- Brooke Et Ux v. Amuchastegui Et UxOregon Supreme Court · 1961
- Silverton v. BrownOregon Supreme Court · 1912
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