Chaffin v. Solomon

465 P.2d 217, 255 Or. 141, 1970 Ore. LEXIS 384
CourtOregon Supreme Court
DecidedFebruary 11, 1970
StatusPublished
Cited by9 cases

This text of 465 P.2d 217 (Chaffin v. Solomon) 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
Chaffin v. Solomon, 465 P.2d 217, 255 Or. 141, 1970 Ore. LEXIS 384 (Or. 1970).

Opinions

TONGUE, J.

This is a suit to quiet plaintiff’s title to real property. Defendant filed both a general denial and a cross-complaint to remove a cloud on defendant’s title to the same property. The trial court entered a decree quieting title in plaintiff, from which defendant appeals.

Defendant contends that as a judgment creditor of plaintiff’s grantor he obtained and docketed his judgment before plaintiff recorded her deed, with the result that under ORS 18.370 plaintiff’s unrecorded deed is void as against the lien of defendant’s judgment. Plaintiff both denies that contention and also contends that by reason of her possession, improvements and payment of taxes upon the real property defendant had constructive notice of her claim of title, with the result that the lien of defendant’s judgment [143]*143was subject to plaintiff’s claim of title, despite plaintiff’s failure to record her deed.

Execution of Deeds and Docketing of Judgment

On October 16, 1965, plaintiff purchased three lots in Lane County from A. E. Barnum for the sum of $11,500 under a land sale contract, which was never-recorded. On the same date, but without the knowledge of plaintiff, Barnum assigned his vendor’s interest to Donna Timber, Inc., followed by deeds, which were recorded on November 12, 1965.

In February, 1966, defendant filed an action as a creditor of Donna Timber, Inc.

On August 3, 1966, plaintiff paid off the contract balance and approximately three weeks later received warranty deeds from Donna Timber, Inc., as grantor. For some unexplained reason the deeds were not recorded at that time.

On December 9, 1966, defendant obtained a judgment against Donna Timber, Inc., and docketed that judgment in Lane County on December 12,1966.

On January 23, 1967 (following the issuance of a writ of execution) a notice of sheriff’s sale of the lots was issued. Shortly thereafter, on January 31, 1967, upon receiving notice of the sheriff’s sale plaintiff recorded her deeds.

On February 24, 1967, the three lots were sold to defendant at a sheriff’s sale for $500 each, over objections by plaintiff, and certificates of sale were issued to defendant. On February 24, 1968, plaintiff’s redemption period expired and sheriff’s deeds were then delivered to defendant and recorded by him on February 29, 1968. Meanwhile, on October 23, 1967, plaintiff filed this suit.

[144]*144 Possession, Use and Improvement of Property and Other Evidence of Constructive Notice

The three lots, Lots 19, 20 and 24, are located on the shore of Collard Lake, near Florence, Oregon, with three other lots lying between Lots 19 and 20 and Lot 24.

During the summer and fall of 1966 plaintiff’s family and friends and church groups used the property “practically every week in the summertime” for picnics, swimming and boating. They also visited the property “from time to time” during the winter.

During the summer a considerable amount of clearing work was done. This work included the clearing of the lake frontage of Lot 24, so as to provide a picnic and beach area. In addition, a possible cabin site and a forty foot strip was cleared along the shoreline of Lots 19 and 20. Trails were also cleared and cedar trees were cut for shakes on those lots.

Plaintiff was assisted by friends and by a church group in this clearing work. Plaintiff’s son, who lived nearby, also testified that he “went over there and cleared and burnt for week after week”. He also cut wood on all three lots, some of which he removed for use at his own home, with the remainder left for use - at picnics.

The previously existing boat dock was repaired, improved, and extended by the installation of a new floating dock and brush was also cleared in that area.

In addition, a previously existing sleeping shelter was relocated and rebuilt and some shrubbery was transplanted in the cleared area. The previously existing "U-shaped roadway from the public road to the shelter was also improved.

[145]*145There was also uncontradicted evidence that a “For Sale” sign was posted on Lots 19 and 20, with the name “Chaffin” and with the plaintiff’s telephone number. That sign was visible for some distance along the public road and was in existence during the summer of 1966 and continuing to the time of trial in 1968.

Finally, on November 9, 1966, plaintiff’s husband (since deceased) paid the 1966-67 real property taxes on the three lots.

Decision by Trial Court

After considering the foregoing facts, the trial court entered a decree quieting title in plaintiff, holding that “this case is controlled by the rule of law set forth in Thompson v. Hendricks, 118 Or 39, 245 P 724 (1926). The trial judge did not state, however, whether his decision was based (1) upon the interpretation of the judgment lien and recording statutes by this court in Thompson, or (2) upon the existence of facts sufficient to put defendant on constructive notice of plaintiff’s claim of ownership, as recognized in Thompson to constitute a separate and independent basis for the decision in that case.

The Judgment Lien and Recording Statutes

ORS 18.350(1) provides as follows:

“From the time of docketing an original or renewed judgment or the transcript thereof, as provided in ORS 18.320, such judgment shall be a lien upon all the real property of the defendant within the county or counties where the same is docketed, or which he may afterwards acquire therein, during the time prescribed in ORS 18.360.”

[146]*146In addition, ORS 18.370 provides' as follows:

“Priority of lien over unrecorded conveyance. A conveyance of real property, or any portion thereof, or interest therein, shall he void as against the lien of a judgment, unless such conveyance he recorded at the time of docketing such judgment, or the transcript thereof, as the case may be.”

Both of these statutes were originally adopted in 1862.

' In Meier v. Kelly, 22 Or 136, 29 P 265 (1892), a case involving the application of the judgment lien statute to an equitable interest in real property (no actual deed having been executed, as in this case), this court held that the conveyance of an equitable interest which is not capable of being recorded is not subject to the terms of Hill’s Code § 271 (now ORS 18.370) and that where, as a result of such a conveyance, the judgment debtor retains only the bare legal title, he has retained no “property” upon which the judgment lien under Hill’s Code § 269 (now ORS 18.350) may attach.

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Chaffin v. Solomon
465 P.2d 217 (Oregon Supreme Court, 1970)

Cite This Page — Counsel Stack

Bluebook (online)
465 P.2d 217, 255 Or. 141, 1970 Ore. LEXIS 384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/chaffin-v-solomon-or-1970.