Joy v. Stump

• Decision Date: 10 January 1887
• Citation: Joy v. Stump, 14 Or. 361, 12 P. 929 (Or. 1887)
• Parties: JOY v. STUMP.
• Court: Oregon Supreme Court

12 P. 929

14 Or. 361

JOY v. STUMP.

Supreme Court of Oregon

January 10, 1887

Appeal from circuit court, Columbia county.

STRAHAN, J.

This is an action of ejectment, which, under the direction of the court, resulted in a verdict and judgment for the defendant from which judgment this appeal is taken.The title upon which the plaintiff sought to recover was one founded entirely upon the statute of limitations, and to establish such title he sought to prove--First, that those under whom he claimed entered into the possession of the premises in controversy under a deed which described the same; second sundry mesne conveyances purporting to convey title to the grantees respectively named therein, down to the plaintiff and, third, evidence of possession accompanying each conveyance, and continuing without interruption for more than 20 years, and that such possession was, during all that time hostile and adverse.But the court excluded all of this evidence, to which ruling of the court proper exceptions were taken.

By the pleadings each party claimed to be the owner in fee, and to be entitled to the possession, of the premises in controversy.

1.The first question for our consideration is this: Can a plaintiff recover in an action of ejectment founded upon adverse possession alone?Our Civil Code, § 313, provides: "Any person who has a legal estate in real property, and a present right to the possession thereof, may recover such possession with damages for withholding the same, by an action at law. ***"

It is said in Chapman v. Dougherty,87 Mo. 617: "In our statutory ejectment all the constituent elements of title are involved,--possession, right of possession, and right of property.Now, title may be defined, generally, to be the evidence of right which a person has to the possession of property.2 Abb.Law Dict. 566.Title is when a man has lawful cause of entry into lands whereof another is seized; and it signifies, also, the means whereby a man comes to lands or tenements, as by feoffment, last will and testament, etc.Jac.Law Dict. 245. And it is elsewhere defined as the means whereby an owner possesses his property justly, or the evidence of ownership.Whart.Law Dict. 824.And, in an action which brings the title in question, something more is involved than the actual occupation or mere pedis possessio.It is one which involves the justa causa possidendi.Gregory v. Kanouse, 11 N.J.Law, 62."

The effect of an adverse possession for a sufficient length of time under the statute to bar an entry is not an open question in this court.It was adjudged in Parker v Metzger,12 Or. 407, 7 P. 518, after a careful examination of the authorities.It was there said by LORD, J.: "But the question here directly is whether our statute bars the right and vests the title in the party who brings himself within its provisions.If it does, then it is conceded that the suit may be maintained.This question has been very ably and thoroughly examined and answered by Mr. Justice SAWYER in Arrington v. Liscom,34 Cal. 380.In that case the suit was, as here, to quiet title; and, after an elaborate review of the authorities, the result reached was that adverse possession for the full period limited by the statute confers title, and that it is such title as entitles the holder to all the remedies to quiet his possession that are incident to possession under written titles."The opinion continues, quoting from Angell, Lim.: "It is also unquestionable that where land has been held under a claim to the fee for the time prescribed by the statute, and an entry is made by the party who has the written title, such party may be dispossessed by an ejectment brought by him who has so held and claimed.This was so held in Jackson v. Oltz, 8 Wend. 440. The lessor of the plaintiff had been in the possession for the period prescribed by the statute, claiming title under a patent.Defendants afterwards entered, and held under a title which had been judicially determined to be valid.The...