Legal Opinion

Myers v. Clackamas County

Oregon Supreme Court

Decided January 4, 1921PublishedCited by 1 opinion

From Clackamas: James U. Campbell, Judge. Department 2. The defendant Clackamas County is a legal subdivision of the state, and I. D. Larkins is one of its road supervisors.

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From Clackamas: James U. Campbell, Judge. Department 2. The defendant Clackamas County is a legal subdivision of the state, and I. D. Larkins is one of its road supervisors. In 1866 the United States, under its Donation Act (9 Stat. 496), issued patent to Robert and Rachel Thompson for certain lands in Clackamas County, the title to the south half of which was conveyed to plaintiff by deeds of April 10, 1894, and September 25, 1899, and ever since said conveyance he has held the record title to said lands. In 1895 a petition was filed in the County Court of Clackamas County, to locate Road…

1Opinion of the CourtJohns, J.

The witnesses for both sides testified with .reference to maps introduced in evidence, on which they indicated different points and places by the use of their fingers or a pointer. There is nothing on the maps to identify the places concerning which they were testifying. Referring to some specific point, the word “indicating” is found at least 75 times in the record. The attorneys and the trial court saw what the witnesses did, but, without being identified on the maps, such a record is of no value to this court and has no meaning. Again, points of the compass are not shown on the maps. The…

2Cases cited1 opinion

  1. Kitcherside v. MyersOregon Supreme Court · 1881

3Cited by1 opinion

  1. Cousin v. Clackamas CountyOregon Supreme Court · 1926

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