24 Or. 528 | Or. | 1893
This is a suit in equity to quiet title to real property, under section 504 of the Code. The only question necessary to determine on this appeal is one of adverse possession. Both parties claim title through William Holmes, the original donation claimant — the plaintiff through a deed to one Holland made and recorded in 1859, and sundry mesne conveyances; and the defendant through a deed to Sarah Hood made and recorded in 1858, and a conveyance from her to him. The Holland deed described the land as “One acre of land lying on my land claim, bounded as follows: On the north by R. R. Thompson, on the east by lots owned by Jeffers, on the west by the county road,” and the Hood deed as “ Lot number one in block number thirteen, as surveyed by L. F. Carter,” etc., but for the purposes of this case we may assume that both descriptions covered the same property.
The evidence shows conclusively, and, in fact, there is really no substantial dispute in the testimony, that Holland and his grantees, including the plaintiff, entered upon and have been in the open, exclusive, and adverse possession of the property described in the deed from Holmes to him and in dispute in this case, under a claim of title for more than ten years prior to the commencement of this
