Silverton v. Brown
Oregon Supreme Court
From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Bean. This is an action of ejectment commenced by the city of Silverton against Edna J. Brown and J. M. Brown, to recover possession of half of a street between Water Street and Silver Creek, a distance of approximately 43 feet. The cause was tried before a jury, and a verdict rendered in favor of defendants. From a resulting judgment, plaintiff appeals.
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From Marion: Percy R. Kelly, Judge. Statement by Mr. Justice Bean. This is an action of ejectment commenced by the city of Silverton against Edna J. Brown and J. M. Brown, to recover possession of half of a street between Water Street and Silver Creek, a distance of approximately 43 feet. The cause was tried before a jury, and a verdict rendered in favor of defendants. From a resulting judgment, plaintiff appeals. Plaintiff claims that defendants have wrongfully taken possession of a portion of Main Street. Defendants deny this, and allege that defendant Edna J. Brown is and has been the…
1Opinion of the CourtJustice Bean
The principal question presented is one of fact. The testimony extends back to the fifties, and the matters in controversy, detailed by various witnesses, are peculiarly for the jury to determine.
1. The court instructed the jury to the effect that continuous adverse possession of the premises by the defendant Edna J. Brown and her grantors, under the claim of right, for a period of ten years or more immediately prior to February 28, 1895, would serve to invoke the statute of limitations to such an extent that any right which *423otherwise might be vested' in the city of Silverton in the disputed…
2Cases cited5 opinions
- Bayard v. Standard Oil Co.Oregon Supreme Court · 1901
- Schooling v. HarrisburgOregon Supreme Court · 1903
- Christian v. EugeneOregon Supreme Court · 1907
- Quinn v. Willamette Pulp & Paper Co.Oregon Supreme Court · 1912
- Lais v. SmithOregon Supreme Court · 1912
3Cited by12 opinions
- State Land Board v. LeeOregon Supreme Court · 1917
- Anderson v. RichardsOregon Supreme Court · 1921
- McCoy v. ThompsonOregon Supreme Court · 1917
- SWEET v. Irrigation Canal Co.Oregon Supreme Court · 1953
- City of Molalla v. COOVER ET UX.Oregon Supreme Court · 1951
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