McLeod v. Lloyd

• Decision Date: 16 March 1903
• Citation: McLeod v. Lloyd, 43 Or. 260, 71 P. 795 (Or. 1903)
• Parties: McLEOD v. LLOYD.
• Court: Oregon Supreme Court

71 P. 795

43 Or. 260

McLEOD v. LLOYD.

Supreme Court of Oregon

March 16, 1903

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...