Love v. Morrill
Oregon Supreme Court
Appeal from Multnomah, county: L. B. Stearns, judge. This is a suit to establish the boundary or dividing line between lots 3 and 4, block 116, in the city of Portland, and brought under the act of the legislature ‘ ‘providing a mode of procedure in the matter of ascertaining, determining, establishing and marking boundary lines, where the same are in dispute, between adjacent lands.”
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Appeal from Multnomah, county: L. B. Stearns, judge. This is a suit to establish the boundary or dividing line between lots 3 and 4, block 116, in the city of Portland, and brought under the act of the legislature ‘ ‘providing a mode of procedure in the matter of ascertaining, determining, establishing and marking boundary lines, where the same are in dispute, between adjacent lands.” Laws of 1887, 53. Plaintiff and respondent is the owner of lot 4, and defendant and appellant of lot 3. The complaint alleges that there is a dispute as to the boundary line between these lots, and describes the…
1Opinion of the CourtBean, J.
The first question presented in this case is as to whether the act of 1887 applies or was intended to apply to cases of this kind. The determination of this question renders it necessary to first inquire what the common law rule is, and what innovation, if any, has been made therein by the statute in question. Issuing commissions to ascertain lost boundaries was a very ancient branch of equity jurisdiction, and where the boundaries between two adjacent parcels of land had become confused or obscure, equity has from an early period exercised a jurisdiction to settle them. The mere fact,…
2Cases cited5 opinions
- Way v. WayIllinois Supreme Court · 1872
- Phipps v. KellyOregon Supreme Court · 1885
- Wetherbee v. DunnCalifornia Supreme Court · 1868
- West Hartford Ecclesiastical Society v. First Baptist ChurchSupreme Court of Connecticut · 1868
- Wolcott v. RobbinsSupreme Court of Connecticut · 1857
3Cited by21 opinions
- Maxwell v. FrazierOregon Supreme Court · 1908
- Willis v. CrawfordOregon Supreme Court · 1901
- King v. BrighamOregon Supreme Court · 1892
- Bernard v. Willamette Box & Lumber Co.Oregon Supreme Court · 1913
- Krause v. NolteIllinois Supreme Court · 1905
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