138 P. 463 | Or. | 1914
delivered the opinion of the court.
The pleadings present the anomaly of each party claiming to have been ousted by the other from the possession of the land. The plaintiff gave the evidence of a large number of witnesses about the history of the holding of the tract in question, tending to show that all her predecessors in possession had claimed,
Other errors are predicated upon verbal criticisms of answers of witnesses who were narrating acts of possession by people who were formerly on the premises, in which the witness spoke of those persons having owned the tract. The essence of the defendant’s objection seems to be that title or ownership could be proven only by deed. Counsel for the defendant, as shown by the bill of exceptions, frequently urged that oral testimony was not the best evidence, and that ownership should be shown by the muniments of title. But, as we have seen under the authority of Caufield v. Clark, 17 Or. 473 (21 Pac. 443, 11 Am. St. Rep. 845), and other cases, title by adverse possession, as well as the tacking necessary to complete the same, may be shown by parol.
Other errors are assigned, but we deem them hypercritical, unsubstantial, and not sufficient within the meaning of Article VII, Section 3, of the Constitution, to reverse the verdict of the jury.
The judgment is affirmed.
Affirmed : Rehearing Denied.