Home/Oregon Supreme Court/Gubser v. Town

Gubser v. Town

273 P.2d 430, 202 Or. 55, 1954 Ore. LEXIS 325
CourtOregon Supreme Court
DecidedAugust 5, 1954
StatusPublished
Cited by14 cases

This text of 273 P.2d 430 (Gubser v. Town) 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
Gubser v. Town, 273 P.2d 430, 202 Or. 55, 1954 Ore. LEXIS 325 (Or. 1954).

Opinion

ROSSMAN, J.

This is an appeal by David C. Town, George Hill, H. W. Black and H. E. Harris, four of the six defendants, from a decree of the circuit court which adjudged that the plaintiffs, husband and wife, are the owners of a tract of land which the decree describes, and which enjoined the defendants from entering upon or trespassing over the tract. In addition to awarding the plaintiffs the relief just mentioned, the challenged decree granted the plaintiffs judgment against the defendants in the sum of one dollar as damages for past trespasses. The tract of land which is described in the decree is approximately 42 acres in extent and is situated in Yamhill county.

*57 The appellants submit the following assignment of error:

‘ ‘ The court erred in declaring, determining and decreeing that the respondents were owners of the property described in the decree and enjoining the appellants and defendants from entering upon the land described therein and which embraces the land in question, where the appellants’ duck blind was situated.”

The land with which this suit is concerned is located in the northerly part of Grand Island. The latter lies in the Willamette river. The island is bounded upon the east and south by the Willamette river. Lambert slough, an arm of the river, affords the island its other boundaries.

The brief of the appellants contains a map of the tract which is the subject matter of this suit and of the area immediately adjacent to it. Although the map was not drawn with the technical skill of an engineer, it affords a useful impression of the area with which the suit is concerned. A copy of the map appears on page 1247.

By looking at the map it will be observed that it contains a representation of the present course of the Willamette river and that to the left of that representation is an indication of where the river flowed in the year 1852. The land east of Lots 2 and 13 and lying between the present channel and east of the west bank of the old channel is the area in dispute. The following map identifies the area with the designation, Lot 1. Since the middle of the main channel of the Willamette river is the dividing line between Marion and Yamhill counties (§85-135, OCLA: ORS 201.240), the area which is known as Lot 1 lay in Marion county when the river occupied its old, or 1852,

*58

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Bluebook (online)
273 P.2d 430, 202 Or. 55, 1954 Ore. LEXIS 325, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gubser-v-town-or-1954.