150 P. 252 | Or. | 1915
delivered the opinion of the court.
It appears from the record and is a matter of general history of the state that Dr. John McLoughlin, a British subject, settled upon what is known as the Oregon City claim prior to the passage of the act of September 27, 1850, commonly known as the “Donation Law.” "While he occupied that claim, which includes all the premises involved herein, he platted a portion of it into lots, blocks, alleys and streets. On account of his nationality he was not qualified to take under the donation law. Congress, however, confirmed to his purchasers the titles which he undertook to convey, and patents were accordingly issued by the general government describing each grant by the plat.
. The decree of the Circuit Court is reversed, and the cause is remanded for further proceedings not inconsistent with this opinion.
Reversed. Rehearing Denied.