41 P. 926 | Or. | 1895
Opinion by
In Echelkamp v. Schrader, 45 Mo. 505, the plaintiff and defendant were owners of adjoining tracts of land, upon which was erected a double house containing a partition which was supposed to be on the line between their several estates, but, by a careful survey, it was discovered that the boundary extended across the plaintiff’s section of the house about three feet from the partition. The defendant, desiring to remove the portion of the house upon his land, commenced to saw through the plaintiff’s part on the line of the new survey, to prevent which he was enjoined, at the suit of the plaintiff, who had for about seventeen years occupied to the partition the section so claimed by him. The preliminary injunction which had been issued having-been made perpetual, the defendant appealed, and the court, in reversing the decree, said: “ It is usual in cases like this, where the title comes in controversy, to grant a temporary injunction to await the event of an action at law to be prose
The record discloses that in order to establish the boundary in dispute, the parties by their respective attorneys, entered into the following written agreement: “It is hereby stipulated that the monument at the intersection of the center lines of Front and Washington Streets, and the base line run therefrom, as referred to and established by ordinance one hundred and seventy-seven of the City of Portland, Oregon, are to be taken and recognized by the parties hereto as the true and correct monument and base line for all surveys in the said city, and particularly for the survey of the boundary line between plaintiff’s and defendant’s premises in dispute in this cause, and that said
Upon the question of damages it is impossible to determine the amount that should, in justice, be awarded. The evidence introduced by the plaintiff tended to show that her building had been damaged in the sum of four thousand dollars, and the defendant offered no evidence which tended to show that the plaintiff’s building could be restored to its former condition for a less sum, and, the court having awarded one thousand seven hundred and fifty dollars, we cannot say that it is excessive in view of the record before us. It follows that the decree must be affirmed, and it is so ordered.
Affirmed.