Goodman v. Myrick
Oregon Supreme Court
Appeal from Multnomah County. This is a suit for an injunction to restrain the defendant from erecting certain buildings on A street, in the city of Portland, to the irreparable damage of the adjacent premises of the plaintiff. The answer admits that there is a street called A street, thirty feet in width, dedicated and laid out by John H. Couch, the owner of the land, but denies that the buildings mentioned in the complaint are situated on any part of said street.
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Appeal from Multnomah County. This is a suit for an injunction to restrain the defendant from erecting certain buildings on A street, in the city of Portland, to the irreparable damage of the adjacent premises of the plaintiff. The answer admits that there is a street called A street, thirty feet in width, dedicated and laid out by John H. Couch, the owner of the land, but denies that the buildings mentioned in the complaint are situated on any part of said street. The question submitted to ■the court, upon the trial, was the proper location of the southern boundary-line of A street. It was…
1Opinion of the Court
By the Court,
Mosher, J.:
The question in this suit is the identification of a line in *68the.-government surveys, all claims under the act of September 27, 1850, being recognized as legal subdivisions. We find the law to be, that in the government surveys the line actually run upon the ground by the original surveyors is the true line. Courses and distances, as contained in the field notes and plats, are but descriptions which serve to assist in ascertaining where the line was actually run. The law lays down no fixed rule as to whether courses or distances shall govern, as this depends upon the…
2Cited by12 opinions
- Albert v. SalemOregon Supreme Court · 1901
- Weiss v. Oregon Iron & Steel Co.Oregon Supreme Court · 1886
- Washington Rock Co. v. YoungUtah Supreme Court · 1905
- King v. BrighamOregon Supreme Court · 1890
- Galbraith v. ParkerArizona Supreme Court · 1915
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