Daily capital journal. (Salem, Oregon) 1903-1919, 1911-04-28


H. L. Kuck, respondent, ", F. H.
Wakefield, appellant. Appeal from
the circuit court for Wasco county.
The Hon. W. L. Bradshaw, Judge.
Argued and submitted April 4, 1911
w. H. Wilson, for respondent B. s.
Huntington Huntington & Wilson
on brief) for appellant. Eakin, c. j.
Affirmed.
Eakin, G. j.: Prior to 1860, w. D.
Bigelow settled upon and afterward
acquired title to a donation land
claim, under the provisions of an act
OF congress of date September T.
1850, upon which a portion of Dalles
City is located, including lot Z Of
block of what is known as "Bige-
lows Addition" and the tract in con-
troversy herein, adjacent to lot Z on
the east. W. G. Laughlin at the
same time occupied the donation land
claim contiguous to that Of Bigelow
on the east, a portion of which ad-
jacent to the line between these two
donation claims, he plated into lots
blocks and streets as "Laughlin Ad-
dition." His plat was filed in the
county clerks office of Wasco county
on November 20, 1862. The evidence
shows that Bigelow, also, plated an
addition to the city, but If his plat
was ever filed with the county clerk
It cannot now be found, nor any copy
thereof. However, the fact that he
made a plat at about the same time
that Laughlin did is fully established
by the evidence. Mrs. Lord, a daugh-
ter of W. c. Laughlin, testlfies that
she has known the streets and blocks
of Bieglow's Addition ever since it
was plated, which was, as she says
Some time in the flfties."
1t appears that the town is moi
laid out parallel with the line be-
tween the two claims, the blocks be-
ing laid diagonally across that line
and that Laughlin and Bigelow ex-
changed fractional lots on the line SO
that these two additions would fit to-
gether. On November 8, 1862, Bige-
low conveyed to M. NJ Chapman "lots
No. seven (7) and eight (S) in block
eight (8), the whole in Bigelow's Ad-
dition to The Dalles, and in accord
ance with his map of the same;''
and also the fraction of two other
fots, the other portion Of which is g
part of the Laughlin Addition. This
deed Is a solemn statement by hin
that the tract was plated into lots
blocks and streets, and the latter de-
scription indicates that the two plat'
correspond as to lots and blocks a
the line between them. 1t also ap
pears that Bigelow conveyed various
other lots in HIS addition, describing
the property with reference to thu
addition as in the Chipmann deed.
A general map of the town was pre-
pared in 1881 or 1882 by Judges L
L. Macarthur and ], H. Byrd for thu
city, which has been recognized al
an official map of the city since tina
time, and 1t embraces the Bigelov
Addition From what source the!
secured their data for that portion o
the map is not disclosed, but ther,
can be no doubt that Bigelow mad
a map of the addition which h,
called "Bigelow's Addition to Th
Dalles," the blocks, lots and street.
OF which correspond and connec
with Laughlin's Addition and plat
Block 8 of Bigelow's Addition lie
across the west line Of the LaughliI
donation claim, and is a continuation
OF the Laughlin Addition, It i
bounded on the south by Fourtl
street, on the north by Fifth street
and on the east, as far south as tn
Laughlin line, by Laughlin street
The Macarthur and Bird plat does no
contain any marks or indications O
the east line OF Laughlin street ol
the east OF lot Z, block s, south t,
Fifth street. If It had included sucl
line this controversy might hav
been averted, as the absence Of sucl
a marking Is relied upon by defen
dant as indicating that 1t was not In
tended that it should be dedicated a!
street. But there is nothing to in
dicate that the Macarthur and Birt
map is identical with the Bigelov
map, and, in view of the fact tina
Bigelow conveyed lot by referenc,
to his map and that 1t would be with
out any outlet and would be value
less as a building lot without thu
street, the purchaser had right Il
construe his deed as containing