Home/Oregon Supreme Court/Siddons v. Lauterman

Siddons v. Lauterman

109 P.2d 1049, 165 Or. 668, 1941 Ore. LEXIS 115
CourtOregon Supreme Court
DecidedNovember 28, 1940
StatusPublished
Cited by1 cases

This text of 109 P.2d 1049 (Siddons v. Lauterman) 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
Siddons v. Lauterman, 109 P.2d 1049, 165 Or. 668, 1941 Ore. LEXIS 115 (Or. 1940).

Opinion

BAILEY, J.

The defendant, J. H. Lauterman, appeals from a decree of the circuit court quieting title in the plaintiffs, Mary A. Siddons and Dan Siddons, her husband, to the following described real property:

“Beginning at a point on the west boundary line of the D. L. C. of L. Gr. Tuthill No. 42 in township 7 south, range 6 west of the Willamette meridian in Polk county, Oregon, 36.59 chains south from the northwest corner thereof; running thence east 3.05 chains; thence north 7° east 12 chains; thence west to the west boundary line of said Tuthill D. L. C.; thence south to the place of beginning, and containing approximately 4.5 acres.”

*670 The plaintiffs claim ownership of the property in suit through adverse possession for more than the statutory period, while the defendant asserts ownership of the record title in himself by mesne conveyance from the federal government. The only question here for decision is whether the plaintiffs have acquired ownership of the tract of land above described, or any part of it, by adverse possession, inasmuch as it is clear from the evidence before us that the record title to the disputed property is in the defendant.

The land here involved is an almost rectangular tract containing about four and one-half acres. It is intersected by a stream formerly known as La Creole creek and now named Rickreall creek, which flows in a northerly direction.

Shortly before this suit was instituted the plaintiffs entered into a contract to sell to A. E. Ullman a part of this disputed' tract and other land lying between it and the highway, of which latter parcel, it is conceded, the plaintiffs were the owners. In preparing an abstract of the property agreed to be sold it was discovered that the record title to the disputed tract was in Lauterman. Thereupon this suit was instituted.

The facts in the case can best be understood by reference to the following map, copied from one made June 8, 1939, by the county surveyor of Polk county.

At the northeast corner of the tract in controversy is a witness tree bearing the letter S, so marked, apparently, to designate a point in the survey made by F. M. Suver. In 1912 Mr. Suver, as county sur *672 veyor of Polk county, made a survey of the tract and other property north of it at the instance of the record owner of the title, Mrs. Boise, mother-in-law of the defendant. There is an angle in the east boundary line of the property as mapped by the surveyor, at the point where the witness tree is shown.

*671

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Related

Bryant v. Bryant
329 P.2d 1118 (Oregon Supreme Court, 1958)

Cite This Page — Counsel Stack

Bluebook (online)
109 P.2d 1049, 165 Or. 668, 1941 Ore. LEXIS 115, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siddons-v-lauterman-or-1940.