Miner v. Caples

Citations

• 23 Or. 303
• 31 P. 655
• 1892 Ore. LEXIS 142

Syllabus

<p>Disputed Boundaries — Equity Jurisdiction — Title to Land. — Under §§ 506 and 507, Hill’s Code, allowing suit to be brought in equity for the ascertainment and marking of disputed boundary lines between adjacent land-owners, the court cannot try the title to real estate. Equity has no jurisdiction, therefore, where the question disputed is which of two lines was meant by a description in a deed, for this simply is determining the title to the land between the two lines. Love v. Morrill, 19 Or. 545 (24 Pac. Rep. 916); King v. Brigham, 23 Or. 262 (31 Pac. Rep. 6*01; 18 L. R. A. 361), and School District No. 70 v. Price, 23 Or. 294 ( 31 Pac. Rep. 657), approved and followed.</p>