Case v. Burton

Plaintiffs appeal from a general judgment dismissing their common-law and statutory adverse possession claims against defendants.1 At the close of plaintiffs’ case-in-chief, the trial court granted defendants’ motion for a directed verdict, construing it as a motion to dismiss under ORCP 54 B(2), and made findings of fact under ORCP 62. Among other things, the trial court found that, as a fatal blow to their claims, plaintiffs had failed to establish the location of a fence line that, according to plaintiffs, had bounded the property that they claim. We affirm.

We begin by setting out the…