City of Portland v. Hurst

The city of Portland brought this suit in equity to have determined an adverse claim of the defendants to two lots within the city. The suit was brought pursuant to section 6-1001, Oregon Code 1930, which provides as follows: “Any person claiming an interest or estate in real estate not in the actual possession of another may maintain a suit in equity against another who claims an interest or estate therein adverse to him, for the purpose of determining such conflicting or adverse claims, interests, or estates.”

The city, in its complaint, in substance alleged that it was a municipal…