Daily capital journal. (Salem, Oregon) 1903-1919, 1919-04-08
POLK COUNTY winner
IN RIGHT OF-WAY CASE

i
What may serve as precedent in the
future prosecution Of Marion eOunty's
road program is brought out in the de-
eision of the supreme court in the case
Of A. R. Richardson, ct al, VS.. Polk
County, appealed from the decision of
AT Judge Belt. This is case
brought to quiet title TO stretch of
road running through the old donation
claim of Benjamin F. Bureh, patented
in the year 1859. Some IS yeSrs ago
or more a narrow road was opened
through this tract near the southern
part about half a mile in length and
connecting at the west end with what
is now the Independenee-Corvalhs high
way. This roadway, which was sup
posed TO be about 40 feet in width, was
bounded on both sides by the old style
snake fence which was not confined to
an absolutely straight line, and which
suffered more OF less deviation in the
process of rebuilding of said fences. In
the year 1912 the plaintiffs purchased a
trSet of land bordering the entire length
of the road and which was supposed TO
contain 55 acres, assuming that uhe road
was of uniform width and the fences on
straight lines. A subsequent survey
showed that there were but A acres in
the tract as the lines ran, and the pur-
chaser undertook to rebuild the road
fence in conformity with certain an
eient landmarks. The county authori-
/ ties afterward discovered that the pro
! lieeted fence would cut down the width
of the road by from four to nlne feet,
and they brought suit against the pur-
chaser to restrain the fencing. The cir
cult court found for the county and the
case was appealed to the supreme
court.
The testimony submitted went to
show that it had been the intention OF
Burch to abandon to public use all OF
the land lying between the old rain
fences Us originally laid; that the road
had been worked by county supervisors
for decades with no interference Or stip- !
ulations from the owner of the claim.
Thus Judge Harris, in his decision, held
that to all intents and purposes Ine road
had been dedicated to the county and
latfirmed the decision of the lower court,
the other justices eoncurring.
Other opinions were handed down as
follows
p. E. Sullivan, administrator of estate
of Alexander Costelli, appellant, VS..
Mary T. Conway, Administrative of es-
tate of Bridget Ginty, ct al; Appealed
,ultnomah; suit TO contest will in
volving estate amounting to about $780,
600; opinion by Justice Bennett; Circuit
Judge Tucker affirmed.
Claude N. Ogilvic, appellant, VS.. Rose
Stacklsnd, ct al; appealed from Multi
nomah; action for damages for breach
Of covenant of warranty deed; opinion
by Justice Bean; Circuit Judge Biggs
affirmed as to principal Judgment, with
Judgment for costs modified.
4. Schwedler, appellant, VS.. First
State Bank of Gresham, and Archie
Meyers; appealed from Multnomah, suit
for damages for alleged fraud and de-
ssit; opinion by Justice Bean; Circuit
Judge Gantenbein affirmed.
John R, Ftzhugh vs. L. J. nunnell
and A. j. Sheriff., appellants; appealed
from Lane; suit to collect debt on stock
Of goods; opinion by Justice Burnett;
Circuit Judge Skipworth reversed and
case dismissed.
W. L. Cooper, appellant, VS.. c. D. Bo-
que; appealed from Multnomah; suit to
collect debt; opinion by Justice Bensonj
Circuit Judge Kavanaugh affirmed.
In the matter of the estate Of Alice
Edna Wemple, deceased, Mabel e. Jen-
nings, appellant, VS.. ]. o. Stearns, I'D
ministretor Of estate Of Alice Edna
Wemple; appealed from Multnomah;
suit to collect borrowed money; opinion
by Justice Benson; Circuit Judge Lttle-
field affirmed.
Chester V. Dolph VS.. Aarret F.
Speskart, appellant; appealed from
Hultnomeh; motion to dismiss appeal
Overruled; opinion by Chief Justice
Clatsop County VS.. Maria G. Wuopio, |
ct al, appellants; appealed from Clat-
sop; motion to strike allowed; opinion |
per curiam.
P. A. Kennedy, ct al, VS.. City Of
Portland, appellant; appealed from
Multnomah suit 10 restrain city Of
Portland from collecting certain assess
ments levied for cost Of improving Fif-
tieth avenue, southeast; opinion by JUS
tice Benson; Circuit Judge Morrow re-
versed and case dismissed.
Notion to dismiss was oveTruled in
Catherine Kuntz vs. Emerson Hardwood |
company.