Appeal
from Circuit Court, Lane County; J.W. Hamilton, Judge.
Action
by G.B. McLeod against Clyde D. Lloyd. From a judgment for
plaintiff, defendant appeals. Affirmed.
This is
a suit to remove an alleged cloud upon the title to real
property. It is averred in the complaint, in substance, that
plaintiff is the absolute and unqualified owner of the S.W
1/4, Sec. 12, the N.E. 1/4, the E. 1/2, S.E. 1/4, the S.E
1/4 N.W. 1/4, and the N.W. 1/4 S.E. 1/4, Sec. 14, Tp. 24 S
range 1 E. of the Willamette meridian, containing 480 acres
more or less, "as is shown by the abstract of title
hereto attached, marked 'Exhibit A' and made a part
hereof." "That said lands are all unseated
unimproved, and unoccupied,and not in the actual possession
of any person." That defendant claims some interest,
right of title thereto, which claim is unfounded, illegal,
unjust, and contrary to law and to equity, "as is shown
by the said Exhibit A; but that the pretended deeds noted and
set out at Nos. 3, 7, and 10 of said Exhibit A, and the said
claim of defendant, have created and constitute a cloud upon
plaintiff's title to said lands, although null and void
both in law and equity; and that defendant refuses to
relinquish such claim, though requested so to do."
"That plaintiff has no plain, speedy, adequate, or any
remedy at law." The complaint is verified by
plaintiff's attorney, and his affidavit, in addition to
the statutory requirement, is to the effect that he had
personally examined the records of Lane county, and compared
therewith the abstract of title attached to the complaint,
and that said abridgment is a true, full, correct, and
complete abstract of title to all of said lands. The abstract
of title, or Exhibit A, omitting therefrom the reservations,
in the United States patents, of vested and accrued water
rights, etc., is as follows: "No. 1. Grantors, The
United States, by T. Roosevelt, President; F.M. McKean,
Secretary. Grantee, William H. Watkins; consideration,
homestead; instrument, patent; date, November 29, 1901;
recorded February 10, 1902, in book 52, page 76.
Description.--Southwest quarter of section 12 in township 24
south, of range 1 east of Willamette meridian, in Oregon,
containing 160 acres. *** No. 2. Grantors, William H.
Watkins, unmarried; witnesses, S.A.D. Puter and John Ford;
grantee, Mrs. Emma L. Watson; consideration, $1.00;
instrument, warranty deed; date, July 31, 1901; acknowledged,
July 31, 1901, before S.A.D. Puter, notary public in and for
Lane county, state of Oregon, and recorded September 21,
1901, in book 39, page 355. Description.--Southwest
one-fourth of section twelve (12), township twenty-four (24)
south, range one (1) east, Willamette meridian, containing
160 acres. No. 3. Grantor, William H. Watkins, an unmarried
man; witnesses, H.G. McKinley and B.M. Jones; grantee, Clyde
D. Lloyd; consideration, $640; instrument, warranty deed;
date, August 17, 1901; acknowledged, August 20, 1901, before
H.G. McKinley, notary public in and for Lane county, state of
Oregon, and recorded November 16, 1901, in book 39, page 368.
Description.--The southwest quarter (S.W. 1/4) of section
twelve (12), township twenty-four (24) south, range one (1)
east, containing 160 acres, situated in the county of Lane
and state of Oregon. No. 4. Grantor, William B. Abbott,
unmarried; witnesses, S.A.D. Puter and Robert Simpson;
grantee, Emma L. Watson; consideration, $1.00; instrument,
warranty deed; date, July 27, 1901; acknowledged, July 27,
1901, before S.A.D. Puter, notary public in and for Lane
county, state of Oregon, and recorded September 21, 1901, in
book 39, page 354. Description.--Southwest one-fourth of
section twelve (12), township twenty-four (24) south, range
one (1) east, Willamette meridian, containing 160 acres. No.
5. Grantor, The United States, by T. Roosevelt, President; by
F.M. McKean, Secretary. Grantee, Samuel L. Carson;
consideration, homestead; instrument, patent; date, November
20, 1901; recorded February 10, 1902, in book 52, page 77.
Description.--East half of the northeast quarter and the east
half of the southeast quarter of section 14, in township 24
south of range 1 east of Willamette meridian, in Oregon,
containing 160 acres. *** No. 6. Grantor, Samuel L. Carson,
unmarried; witnesses, Wm.B. Abbott and Robert Simpson;
grantee, Emma L. Watson; consideration, $1.00; instrument,
warranty deed; date, August 3, 1901; acknowledged, August 3,
1901, before S.A.D. Puter, notary public in and for Lane
county, state of Oregon, and recorded September 21, 1901, in
book 39, page 351. Description.--East one-half of northeast
one-fourth, east one-half of southeast one-fourth of section
fourteen (14), township twenty-four (24) south, range one (1)
east, Willamette meridian, containing 160 acres. No. 7.
Grantor, Samuel L. Carson; witnesses, H.G. McKinley and G.M.
Cavines; grantee, Clyde D. Lloyd; consideration, $640;
instrument, warranty deed; date, August 17, 1901;
acknowledged, August 20, 1901, before H.G. McKinley, notary
public, in and for Lane county, state of Oregon, and recorded
November 16, 1901, in book 39, page 369. Description.--The
east one-half ( 1/2) of the northeast quarter ( 1/4) and the
east one-half ( 1/2) of the southeast quarter ( 1/4) of
section fourteen (14) in township twenty-four (24) south,
range one (1) east, containing 160 acres, situated in the
county of Lane and state of Oregon. No. 8. Grantor, United
States, by T. Roosevelt, President; F.M. McKean, Secretary.
Grantee, James E. Warwick; consideration, homestead;
instrument, patent; date, November 20, 1901; recorded
February 10, 1902, in book 52, page 78. Description.--West
half of the northeast quarter, the southeast quarter of the
northwest quarter and the northwest quarter of the southeast
quarter of section 14 in township 24 south, of range 1 east
of Willamette meridian, in Oregon, containing 160 acres. ***
No. 9. Grantor, James E. Warwick, unmarried; witnesses,
S.A.D. Puter and John Ford; grantee, Mrs. Emma L. Watson;
consideration, $1.00; instrument, warranty deed; date, July
31, 1901; acknowledged, July 31, 1901, before S.A.D. Puter,
notary public in and for Lane county, state of Oregon, and
recorded September 21, 1901, in book 39, page 353.
Description.--West one-half of northeast one-fourth,
southeast one-fourth of northwest one-fourth, northwest
one-fourth of southeast one-fourth of section fourteen (14),
township twenty-four (24) south, range one (1) east,
Willamette meridian, containing 160 acres. No. 10. Grantor,
James E. Warwick; witnesses, H.G. McKinley and B.M. Jones;
grantee, Clyde D. Lloyd; consideration, $640; instrument,
warranty deed; date, August 17, 1901; acknowledged, August
20, 1901, before H.G. McKinley, notary public in and for Lane
county, state of Oregon, and recorded November 16, 1901, in
book 39, page 370. Description.--The west one-half ( 1/2) of
the northeast one-quarter ( 1/4) and the southeast quarter (
1/4) of the northwest quarter ( 1/4) and the northwest
quarter ( 1/4) of the southeast quarter ( 1/4 of section
fourteen (14), township twenty-four (24) south, range one (1)
east, containing 160 acres, situated in the county of Lane
and state of Oregon. No. 11. Grantor, Emma L. Watson, widow;
witnesses, G.B. McLeod and H.R. Robertson; grantee, P.F.
Woodford; consideration, $2,100; instrument, warranty deed;
date, January 7, 1902; acknowledged, January 7, 1902, before
G.B. McLeod, notary public in and for Multnomah county, state
of Oregon, and recorded February 10, 1902, in book ___, page
___. Description.--In the county of Lane and state of Oregon,
to-wit: Southwest quarter section twelve (12), east half of
northeast quarter, east half of southeast quarter, west half
of northeast quarter, southeast quarter of northwest quarter,
northwest quarter of southeast quarter section fourteen (14),
township twenty-four (24) south, range one (1) east
Willamette meridian, containing four hundred and eighty (480)
acres. No. 12. Grantor, P.E. Woodford, widow, of Portland,
Multnomah county, state of Oregon; witnesses, E.D. Johnson
and Henry E. McGinn; grantee, G.B. McLeod; consideration,
$5.00; instrument, quitclaim deed; date, February 18, 1902;
acknowledged, February 18, 1902, before Henry E. McGinn,
notary public in and for Multnomah county, state of Oregon,
and recorded February 19, 1902, in book ___, page ___.
Description.--All my right, title and interest in and to the
following described parcel of real estate situated in county
of Lane, state of Oregon, to-wit: Southwest quarter (S.W.
1/4) section twelve (12), northeast quarter, east half of
southeast quarter, southeast quarter of northwest quarter,
northwest quarter of southeast quarter (N.E. 1/4, E. 1/2 of
S.E. 1/4, S.E. 1/4 of N.W. 1/4, N.W. 1/4 of S.E. 1/4),
section fourteen (14), township twenty-four (24) south, range
one (1) east, Willamette meridian, containing 480
acres." A demurrer to the complaint, on the ground that
it did not state facts sufficient to constitute a cause of
suit, having been overruled, a plea in abatement was
interposed to the effect that plaintiff was not the real
party in interest, but that he held the legal title to said
real property in trust for the Astoria Company, a corporation
organized and existing under the laws of this state. A
demurrer to the plea, on the ground that it did not state
facts sufficient to constitute a defense, having been
sustained, the defendant declined further to plead or answer,
whereupon the court found the facts as stated in the
complaint, and gave a decree canceling the deeds executed by
Watkins, Carson, and Warwick to the defendant, removing the
clouds cast thereby on plaintiff's title, and forever
enjoining the defendant from asserting any...
