92 P. 1075 | Or. | 1907
Opinion by
This is a suit to determine an adverse claim to 160 acres of land in Clackamas County. The complaint avers that plaintiff is the owner in fee of the land in question; that it is not in the actual possession of another; that defendant claims an interest or estate therein adverse to plaintiff, without legal or equitable right, and prays that he be required to appear and set up his claim and that the samé be adjudged to be invalid. The defendant pleads title by adverse possession to a small portion of the land described in the complaint. The reply put in issue the' averments of the answer, and upon the trial a decree was rendered in favor of plaintiff, from which defendant appeals.
1. The land described in the complaint is wild, unimproved land, patented to the Oregon & California Railroad Company under the act of congress of July 25, 1886 (14 Stat. U. S. 239), granting lands to aid in the construction of a railroad and telegraph line from the Central Pacific Line, in California, to Portland, in this State. The plaintiff succeeded by mesne conveyances, in 1891, to the title to the railroad company, and has ever since claimed to own the land and paid' the taxes thereon. Prior to the decision of the Supreme Court in January, 1900 (United States v. Oregon & California R. Co. 176 U. S. 28: 20 Sup. Ct. 261: 44 L. Ed, 358), a controversy existed as to whether the particular land in dispute was within the limits of the railroad grant. In the spring of 1892, defendant, claiming that it was public land, entered thereon, constructed a small frame house, 14x24, cleared off trees and brush, fenced and
“Every year I go there and cultivate my fruit trees and my vineyard, and I also plant a sack or two of potatoes for my own use. * * I have not got much out of it, and I used to give it to the neighbors, and I did it to cultivate the land and to have possession of it. * * I have been living on the ranch over 40 or 50 days, and sleeping in the house; maybe more, not less than 40 or 50 times I go there and stay on the place, and I have a man on my place to do the work. * * At the beginning, when we commenced to clear the land, * * I go there myself just what was necessary to keep the land. I never left a day that I wasn’t there without hard work, just as good as any farmer.”
J. N. Davis examined the land in March, 1902, with the view of purchasing it from plaintiff, and he testifies that he saw no indication that it was occupied, and thought it to have been abandoned; that the place was in a dilapidated condition, and there was nothing to show that any work had been done on it for years; that there were some fruit trees growing thereon, but they did not appear to have been pruned or cultivated. E. C. Maddock and B. F. Halstead both testified that in October, 1903, the orchard had grown up with ferns and weeds, and no indications at that time that the place was occupied7^ ; ! had the appearance of having been abandoned. l ! (
by these requirements, it is clear that defendant’s as not sufficient to acquire title by adverse posses
The decree will be affirmed. Affirmed.