Stout v. Michelbook
Oregon Supreme Court
From Yamhill: William Galloway, Judge. Statement by Me. Justice Bean. This is a suit' brought by David Stout against M. Michelbook to restrain a trespass, involving the proper location of the dividing line between the lands of plaintiff and defendant, and, from a decree in favor of the latter dismissing the complaint, plaintiff appeals.
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From Yamhill: William Galloway, Judge. Statement by Me. Justice Bean. This is a suit' brought by David Stout against M. Michelbook to restrain a trespass, involving the proper location of the dividing line between the lands of plaintiff and defendant, and, from a decree in favor of the latter dismissing the complaint, plaintiff appeals. Plaintiff is the owner in fee simple of the following described land: “Beginning at a point on section line 22 chains and 35 links south of the northwest corner of section 17, in township 4 south, range 4 west, in Yamhill County, State of Oregon, running…
1Opinion of the CourtJustice Bean
From the evidence of the different surveys, there is little question but that the boundary claimed by defendant is a portion of the original west line of the John G. Baker D. L. C., which must be taken to be the true dividing line between the parties herein, unless plaintiff has acquired title by adverse possession for the statutory period to the land in dispute.
The contention of defendant is that, while plaintiff has occupied and farmed the land up to the fence, his holding has not been adverse to defendant, for the reason that he *374intended to claim title only to the true line. This…
2Cases cited5 opinions
- Caufield v. ClarkOregon Supreme Court · 1889
- Sommer v. ComptonOregon Supreme Court · 1908
- Cooper v. BlairOregon Supreme Court · 1907
- Ramsey v. OgdenOregon Supreme Court · 1893
- Gist v. DokeOregon Supreme Court · 1902
3Cited by10 opinions
- Knecht v. SPAKEOregon Supreme Court · 1959
- Parker v. KelseyOregon Supreme Court · 1916
- Parker v. WolfOregon Supreme Court · 1914
- McKinney v. HindmanOregon Supreme Court · 1917
- Sertic v. RobertsOregon Supreme Court · 1943
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