Rowland v. Williams

Citations

• 23 Or. 515
• 32 P. 402
• 1893 Ore. LEXIS 54

Syllabus

<p>1. Adverse Possession — Mistake.— An occupancy of land, and the making of permanent and valuable improvements thereon, with the intention on the part of the occupant to claim it as his own, is adverse, although he made the improvements under the mistaken supposition that the tract in controversy was included within the limits of his claim. Canfield v. Clark, 17 Or. 474, approved.</p> <p>2. Adverse Possession — Intent.— Adverse possession is founded upon the intent with which the occupant has held possession, and this intent is to be determined by what he has done, not by what he has said.</p> <p>3. Adverse Possession — Evidence—Presumption.—The prima fade light of possession of realty established by the introduction in evidence by plaintiff of the paper title, is overcome by proof that defendants, and those under whom they claim, have been in the open, visible, and notorious possession of the land for more than ten years, and have fenced it and made valuable and permanent improvements thereon, and in all respects treated it as their own, the presumption from such proof being that their entry was one of right, and their claim one of ownership.</p> <p>4. Adverse Possession — Offer to Purchase.— An offer to purchase land from another is usually such a recognition of the title of the latter as will bar the defens? of adverse possession, if made before the statute of limitations has-fulty.run; but this will apply only where the occupant is under some obligation to restore the possession.</p> <p>5. Adverse Possession — Recognition of Another’s Title.— The mere fact that one in possession of land claiming it as his own, expressed an in- . tention of making a settlement with another, who also claimed it, and <?n his death bed requested a friend to aid his children in securing a deed for the land, is not such a recognition of the other’s title as will debar ■ the defense of adverse possession, where the parties never met and no offer was ever made to purchase the land.</p