Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-18
Stout V. MicheIbOOk, YamhlIl County.

Stout V. MichelbOOk, Yamhlll County.
David Stout, APPELLANT, V. NJ. Michel
book, respondent. Appea | from the
circuit court of Yamhill county.
The Hon. William Galloway, Judge.
Argued and submitted March 81,
1911. George G.. Bingham and r. L.
Conner, attorneys for appellant.
Mccain & Vinton, attorneys for re-
spondent, Bean, ]. Reversed.
This is a suit brought to restrain
a trespass, involving the proper To-
cation of the dividing line between
the lands of plaintiff and defendant,
and from a decree in favor of the lat
ter, dismissing the complaint, plain
tiff appeals.
Plaintiff is the owner in fee SIM
pie of the following described land:
Beginning at point on section line
% chains and 35 links south of the
northwest corner of section II, in
township 4 south, range west, in
Yamhill county, State of Oregon, run
ming thence south So deg. east 26
chains and 25 links to the west line
of the Donation Land Claim of John
G. Baker; thence south 81 chains and
Ga links to the southeast corner of
the Donation Land Claim of Madison
Shadden; thence west % chains and
80 links to section line; thence north
80 chains and 81 links to the place
of beginning, containing 9S.41 acres"
Defendant is the owner in fee SIM
pie of land adjoining that of plaintiff
on the east, described as, "a portion
of the Donation Land Claim of John
G. Baker and Catherine Baker, his
wife, claim No. 49, notification No
1914, in township a south of range
4 west of the Willamette Meridian,
in the county of Yamhill, and State
of Oregon, beginning at the south
west corner OF said Donation Land
Claim; thence east along the south
boundary line of said claim 14.07
chains to galvanized iron pipe
S6 in.X2 in. set in ground. Thence
running north 5O19 chains to an
iron pipe 1 Y inxSO in. set in center
of county road; thence running
north S4 deg. 19 min. west along the
center of said county road 1920
chains to an iron pipe l Y in.x13 in.
set in center of said county road on
the west boundary line of said Dona-
ton Land Claim; thence south along
the west boundary line of said Dona-
tion Land Claim 5141 chains to the
place of beginning, containing 71.59
acres, more or less"
Plaintiff claims the true dividing
line to be an old fence, and asserts
title, by prescription, to the land up
to such fence. Defendant claims the
division to be that portion of the west
line of the John G. Baker Donation
Land Claim No, As, above described
Defendant purchased his land on
April "a 1908; he alleges that the
boundary line Is in dispute, and
prays to have the same established.
Bean, j.: From the evidence of
the different surveys there is little
question but that the boundary
claimed by defendant is a portion of
the original west line of the John G.
Baker d. l.. c., which must be taken
to be the true dividing line between
the parties herein, unless plaintiff
has acquired title, by adverse pos
session for the statutory period, to
the land in dispute
The contention Of defendant is
that while plaintiff has occupied and
farmed the land up to the fence, his
holding has not been adverse to de-
fendant, for the reason that he in
tended to claim title only to the I
true line. This contention, we think, |