Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-08

HuoAeet ScOeion upon tue payment
OF the north half, and informed the
board that II they would not do so,
they could cancel his certificate. In
his testimony, referring to his claim
to the land. he said, '1threw It up.p
After notice nad been duly given
him. the state land board. on De-
cember 27. 1898, cancelled his GER
tificate for non-payment. notifying
him to that effect, and Mrs. NJ. R.
Stephenson applied for and pur-
chased the north half of the quar-
ter section.
1t appears that plaintiff. while
holding this certificate of sale, cut
from the land large quantities Of
wood. about a thousand cords;
built cabin on the tract and culti-
waited garden OF about one acre
fenced separately. BY connecting
fence with fences on adjoining
lands, he enclosed the quarter sec
ton. using a portion thereof for
pasture. Formerly the land was
timbered, and now 1t Is partially
covered with brush, being suitable
for pasture, about five acres Of
which is tillable.
Defendant Van Blokland. in con-
sideration of $500, purchased the
land in question about December
IA. 1909, and obtained a deed
therefor from the state on May 8,
1910, which was duly recorded in
Union county on May z. 1910,
It therefore appears that the
plaintiff claims title to the tract, by
adverse possession thereof for the
statutory period. while the defen-
dant, Van Blokland, claims title by
virtue of his deed from the state of
Oregon.
Plaintiffs contention Is that after
obtaining a certificate of sale from
the state in 1882, he had been in
the actual, exclusive possession of
the land, claiming 70 own the same
against all the world except the
state of Oregon. until the state land
board informed him that 1t could
not convey the land, and plaintiffs
counsel argues that the case comes
within the rule announced in Boe
v. Arnold, 54 or. SO. In other
words, 1t is not claimed that the
statute commenced to run as against
the state or its grantee, until De-
cember, 1898. The plaintiff dur
ing all that time, recognized the
title OF the state. and held posses
sion OF the premises in subordina-
tion thereto, attempting for while
to obtain title from the state At
the time of the cancellation Of his
entry and the purchase of the north
half of the quarter section by his
wife, the plaintiff appears to have
Abandoned all claim of right to pur-
chase from the state, and the whole
matter in regard to his application
to purchase from. the state was at an
end.
In the case of Boe v. Arnold It
was held that. Zone claiming title
to land by adverse possession for
the period of 10 years as against
all persons, but recognizing the su-
perlor title of the United States gov
ernment, and seeking in good faith
to acquire that title, may assert
such adverse possession as against
any person claiming to be the own
er under a prior grant"
In that case, one Chandler, who
, was the predecessor in interest, and
/ from whom defendants lessor de-
, raigned title, filed his application
for a homestead entry on the land,
February IS. 1898, alleging contln-
uous settlement since 1881, and af-
1 ter a contest in the local land Office
the decision being in favor Of Chan
dler, final certificates was issued to
him on December 26, 1904. and a
patent to the premises issued to the
heirs of Chandler, March s, 1906.
In the case at bar, plaintiff. attempts
to assert adverse possession as
again subsequent grant defen-
dant claiming title as grantee Of the
state Of Oregon and standing in the
shoes of the state as to the very
title to the land, which the plalntifi
at all times recognized from 1882
until 1890, differing entirely from
the facts in the case Of Boe " Ar
mold.
The statute Of limitations does
not commence to run until cause
of action acerues; and 1t IS not
claimed in this case, that, as against
the state. the possession Of plaintiff
was adverse, or that the statute was
set in motion until December 1898
1t is conceded that the statute did
not run after the passage Of the act
OF 1903; L. o. l.. Sec. 13; State v
Warner Valley Stock Co Sc Or
| 2S3; 10s Pac. SCI,
"1n legal language. the Intention
guides the entry. and fixes It's char
i Inntnr Ln,rinr y pnrnaf 90 II 6