Daily capital journal. (Salem, Oregon) 1903-1919, 1911-12-08
OREGON SUPREME COURT DECISIONS
F' l'i P1hlAsd b Cslieay q l. A. Turner Reporter q ..
Supreme Court

Stephenson v. Van BIokland, Union
County.
Decided Nov. 2S, 1911.
Thomas Stephenson, respondent.
v. Andrew Van Blokland, appellant,
Appeal from the circuit court for
Union county, The Hon. ]. w.
Knowles, Judge. Argued and sub
mitted November 1, 1911, at Pen
dleton. J. D. Slater for respondent.
Jno. S, HOdgin for appellant. Bean.
j. Modified.
This is a suit to quiet title to
the south half of northwest quarter
OF section 10, in township 3 south
Of range SS E. W. NJ, Union coun-
ty Oregon. Froma decree awarding
one-half of the land to each party,
defendant appeals.
The plaintiff alleges that he is
owner in fee, in the possession of
theland, and entitled to the posses
sion of the same; and that defen-
dent Van Blokland claims some in
terest therein, adversely to plain
tin
Defendant Van Blokland, by his
answer. denies the main allegations
OF the complaint, and alleges that
he is the owner of the land by vir-
tue of a deed from the state Of Ore
gon, and in possession thereof.
Plaintiff replies, denying the new
matter of the answer. and AYERS
that on August 81. 1882, he went
into actual possession of said prem
ises, claiming to own the same
against all the world except the state
of Oregon, and so continued until
the state land board refused to
grant him title to the lands; that
since that time he has been in ad-
verse possession of the land. and by
reason thereof, defendant is es-
topped from claiming said land un-
der his deed from the state, and
pleads title to the land by prescrip,
tion. The members of the state
land board we're made parties de,
fendant but the complaint on motion
of plaintiff, was dismissed as tc
them.
Bean, ]. 1t appears from the evi
dence and record, that on March 9
1872, the state land board executed 9
deed to the land in question, to on'
C. Laxton, who, on the 18th day o
July, 1872, conveyed the same to E
S. and ]. T. McComas: The latter
with their wives, on September 1
1877, in consideration of $560S9, exc
cuted deed thereof to the state o
Oregon, ]. T. McComas and wife act
ing by e. s. McComas as attorney II
fact. The evidence does not disclos,
that any power of attorney or author
ity was given to E. s. McComas Il
convey the interest Of J. T. McComa
and wife. On August 21, 1882, tn,
state land board contracted to sci
the land in question to the plaintiff
together with the north half of tn
greater section, and issued to him 1
certificate of sale, conditioned upol
the payments for the land beinl
made. Plaintiff made a payment o
$64.5S, and executed two notes, eacl
for $64.58, payable in one and twr
years respectively, for the balance o
the purchase price, and as his re
ceipts show, paid interest on the de
ferred payments until September 2
1898, when payment was dlscon
tinued. He was infrmed by tn,
clerk Of the state land board, on No
vember IA, 1898, that unless he paiC
the amount then due, his certiticat'
No. 1872 would be cancelled Abou
this time Mrs. M. R. Stephenson, thu
plaintiffs wife, applied for the pur
chase of the land, and both Mr.. ant
Mrs. Stephenson were informed b!
the clerk of the state land board tina
the state could not execute deed t
the south half Of the quarter section