111 P. 692 | Or. | 1910
delivered the opinion of the court.
The deed from plaintiff to defendant describes by legal subdivisions the land conveyed, and it is admitted by defendant that the description covers or includes 154.41 acres of land, the full amount he claims to have purchased from plaintiff. But it is asserted that he understood his purchase was to include all the bottom land on the entire tract then owned by plaintiff; that the 17.90 acres in dispute is mostly bottom land; that it is not
“The authorities establish the doctrine that the owner of land may, by an act in pais, preclude himself from asserting his legal title. But it is obvious that the doctrine should be carefully and sparingly applied, and only on the disclosure of clear and satisfactory grounds of justice and equity.”
“That might be for the reason that he told us the line followed near the ridge. He did not tell us the line ran across the bottom there. If we had examined that and measured that distance it would have been different.”