Mattoon v. Clayborn

602 P.2d 657, 42 Or. App. 893, 1979 Ore. App. LEXIS 3346
CourtCourt of Appeals of Oregon
DecidedOctober 29, 1979
DocketNo. E78-0307, CA 12868
StatusPublished
Cited by1 cases

This text of 602 P.2d 657 (Mattoon v. Clayborn) is published on Counsel Stack Legal Research, covering Court of Appeals of Oregon primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Mattoon v. Clayborn, 602 P.2d 657, 42 Or. App. 893, 1979 Ore. App. LEXIS 3346 (Or. Ct. App. 1979).

Opinion

CAMPBELL, J.

Plaintiff, as the record owner, sought to quiet title to .25 acres of real property. The trial court entered a decree that the defendants were the owners of the property by virtue of adverse possession. Plaintiff has appealed and we affirm.

The plaintiff argues that the trial court erred in its evaluation of the testimony and that defendants did not establish the elements of adverse possession by clear and positive proof.

In 1962, plaintiff owned a rectangular tract of land containing approximately 1.55 acres on the outskirts of Drain, Oregon. The tract was bisected by a road running generally in a northeasterly direction. Plaintiff desired to sell a portion of the tract north of the road which included her residence. A surveyor divided the land north of the road into two parts: (1) a tract of .70 acres, which included the residence, and (2) a tract of .25 acres, which is the area in dispute. See sketch on following page.

Since a suit to quiet title is in equity, ORS 105.605, we review de novo. In cases where the credibility of witnesses is the decisive factor, however, the findings of the trial court are entitled to great weight. Paradise Ventures v. Ross man, 272 Or 23, 534 P2d 978 (1975).

Plaintiff listed the .70-acre residence tract for sale with a real estate broker. Defendants contacted plaintiff directly and offered to buy the .70-acre tract if the .25-acre tract was included in the sale without an increase in the sale price. Defendants assert plaintiff agreed to this offer. Plaintiff denies this assertion. The sale was closed in the real estate office. The deed, dated in February 1963, did not include the .25-acre tract.1

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Related

Braley v. Hess
617 P.2d 308 (Court of Appeals of Oregon, 1980)

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Bluebook (online)
602 P.2d 657, 42 Or. App. 893, 1979 Ore. App. LEXIS 3346, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mattoon-v-clayborn-orctapp-1979.