59 P. 115 | Or. | 1899
delivered the opinion.
This controversy arises from the following facts : In 1875 the United States government caused a survey to be made, purporting to meander the margin of Lake Warner, situated in the southeastern part of the state. By that survey, lots 1 and 2, section 28, township 37 south, range 25 east of the Willamette Meridian, and lots 1 and 2, section 33 of said township, which the defendant claims to own, were made to abut upon the margin of said lake. In 1887 a second governmental survey was made, purporting to again meander the said margin, which did not conform, in so far as it may concern this dispute, in any particular to the survey of 1875, but was run much nearer to the lake, and southwesterly from the original survey. The.lands lying between the two lines were also surveyed and platted at the same time. The plaintiff claims to be the owner of certain lands located upon this second survey, and other tracts between the two meander lines, and deraigns title from the United States through purchase from the State of Oregon. The defendant claims by purchase under homestead and timber-culture entries. The