School District No. 70 v. Price

Citations

• 23 Or. 294
• 31 P. 657
• 1892 Ore. LEXIS 140

Syllabus

<p>1. Disputed Boundaries — Equity Jurisdiction — Questions op Title.— Under sections 506 and507, Hill’s Code, allowing a suitin equity to determine disputed boundary lines between adjoining landowners, the court has no jurisdiction to determine the title to land; and therefore it cannot determine a claim of title by adverse possession to the land between the lines claimed by the respective parties to be the correct lines: Love v. Morrill, 19 Or. 545 (24 Pac. Rep. 916); Miner v. Capíes, post (31 Pac. Rep. 655), and King v. Brigham, 23 Or. 262 (18 L. R. A. 361; 31 Pac. Rep. 601), approved and followed.</p> <p>2. Appeal and Error.— In a suit to fix a boundary line, where the decree is reversed because the evidence is largely directed to the issue of title which could not properly be tried in such a suit, the cause will be remanded to enable the parties to segregate the evidence, where it is so intermingled that the reviewing court cannot do so, and, if necessary, to adduce new evidence bearing on the proper issue.</p>