Home/Oregon Supreme Court/Demartini v. Hayhurst

Demartini v. Hayhurst

62 P.2d 1, 154 Or. 663, 1936 Ore. LEXIS 54
Oregon Supreme Court·Decided September 30, 1936·Published·Cited by 2 cases

Opinions

EOSSMAN, J.

As will be observed from the preceding statement, this appeal presents no issue of facts. The facts are set forth in the complaint and the answer. All averments of the complaint are admitted by the answer. Plaintiffs filed a demurrer to the latter whieh was overruled, and, the plaintiffs declining to plead further, the decree was entered. We shall now set forth a synopsis of the complaint and follow it with a synopsis of the answer. Omitting mention of facts already indi-, cated in the preceding statement, the complaint alleges that on October 26, 1891, William S. and Caroline A. Ladd owned a tract of land in the city of Portland which is now known as Ladd’s Addition. October 26, 1891, the Ladds prepared and recorded a plat of the *665 tract and subdivided it into blocks, lots, avenues, parks, etc. Parallel to tbe street lines upon tbe plat are blue lines, to which the instrument of dedication refers as building lines. On the following page is a copy of the plat.

October 26,1891, the Ladds executed a deed for the dedication of the property, from which we quote the following:

‘ ‘ The blue lines drawn on said map within the limits of said blocks at the distance of twenty feet from and parallel to the adjacent boundary lines of the avenues laid out thereon and the like lines drawn on said map within the said limits at the distance of fifteen feet from and parallel to the adjacent boundary lines of the streets laid out thereon shall be known and designated as ‘building lines’.
“And we do hereby dedicate to the use of the public for highways, forever all of such parts of said tract designated on said map as avenues, streets and alleys, respectively, and we also dedicate to the use of the public as and for public parks and for that purpose alone, all of such parts of said tract as are designated in said map, ‘Central Park,’ ‘North Park,’ ‘South Park,’ ‘East Park,’ and ‘West Park,’ respectively. This dedication of the said tracts designated ‘ Central Park,’ ‘North Park,’ ‘South Park,’ ‘East Park,’ and ‘West Park,’ is upon the express condition that the said tracts shall not be cut, crossed, or bi-sected by any way or rights of way for any street railway or any other railway of any kind or description whatsoever and in case any of such tracts shall at any time in the future be cut, crossed or bi-sected by any such way or right of way, then in such case * * *.”

The blue lines paralleling the avenues are at a distance of 20 feet inside the property lines, and those paralleling the streets are 15 feet inside the property lines. Not less than 300 dwelling houses have been constructed in the subdivision.

*666

Free access — add to your briefcase to read the full text and ask questions with AI

Demartini v. Hayhurst, 62 P.2d 1, 154 Or. 663, 1936 Ore. LEXIS 54 (Or. 1936).

62 P.2d 1 (Demartini v. Hayhurst) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Related

Allied Veterans Council v. Klamath County
544 P.2d 190 (Court of Appeals of Oregon, 1975)
Hewitt v. THOMAS
310 P.2d 313 (Oregon Supreme Court, 1957)