Home/Oregon Supreme Court/Allison v. Shepherd

Allison v. Shepherd

591 P.2d 735, 285 Or. 447
CourtOregon Supreme Court
DecidedMarch 8, 1979
Docket75-1069, SC 25379
StatusPublished
Cited by23 cases

This text of 591 P.2d 735 (Allison v. Shepherd) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Allison v. Shepherd, 591 P.2d 735, 285 Or. 447 (Or. 1979).

Opinion

*449 HOWELL, J.

This action for trespass involves a dispute over ownership of land bordering the Umpqua River. The trial court held that plaintiff did not have title to the land under her deed, but submitted to the jury the question of whether plaintiff had obtained title by adverse possession. The jury returned a verdict for plaintiff, and defendant appeals.

The facts can best be illustrated by the accompanying diagram. Plaintiff is the record owner of land included in Lot 9 under a series of conveyances dating back to a 1910 deed from the State of Oregon to one C. H. Maupin. Defendant is the record owner of the land included in Lot 2 under a 1975 deed from Don L. and Irma Jean Mode. Neither the 1910 deed to Maupin nor the 1975 deed from the Modes contains a metes and bounds description of the property. Each merely refers to the parcels by lot numbers.

It is undisputed that the actual boundaries of the Umpqua River no longer correspond to the point at which they appear in the original government survey. In the diagram, the present course of the river is indicated by broken lines, and the platted course is indicated by the solid lines. As can be seen, the discrepancy has resulted in an area of unplatted land that did not appear on the original survey. This dispute is over title to a portion of that unplatted land.

Shortly after taking title to Lot 2 in January of 1975, defendant indicated to plaintiff that he desired to do some logging in the disputed area. Plaintiff told defendant that she considered the property hers and that she did not want her land logged. Defendant nevertheless began logging in the disputed area. When plaintiff objected, defendant replied that "the boundaries were too hard for us to understand” and that "he’d leave it up to his lawyer.” Defendant also graded and removed some land near the bank of the river.

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Bluebook (online)
591 P.2d 735, 285 Or. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/allison-v-shepherd-or-1979.