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About Daily capital journal. (Salem, Or.) 1903-1919 | View Entire Issue (Nov. 4, 1911)
DAILY CAPITA! JOCRXAU SALEM, OREGON. SATIRIUY, NOVKMBKR 4. 1911. page xnrg OREGON SUPREME COURT DECISIONS Fill Text Published bj Cowtesj of I. A. Tnmr, Reporter ol the Supreme Court Bajne T. Brown, Marlon County. the possession. Mis. Strang irade Decided October 24, 1911. use of the fence and her adverse po"- John Bayne, appellant, v. I.. F. sesslon nuist be established indepec- Brown, respondent Appeal from the I denty of it- U is true that the dcs- session nf th. i 1 fircuit cuui t lur iuunuu cuiiuiy. ine; ; may De tne no! ..... . . . . Spfittlnn.-f.K.ln..iiji . . Hon. wm. uaiioway, juuge. Argued and submitted October 11, 1911. C. L. McXary for appellant Grant Corby for respondent. Eakin, c. J. Affirmed. This Is ,a suit to quiet title to a strip of ground lying immediately south of property conveyed to plain tiff by Mrs. Strang and being In lot 7, block 16, of the city of Salem. Eakin, C. J. Prior to 1890, Mrs. Strang owned lots 7 and 8 In block It), and about that time she sold and conveyed to the grantors of defendant lot 7, except a tract off the northeast corner thereof, 76 feet long, east and session of the landlord, but th cannot, without the direction or even the knowledge or consent of the land lord, effect a displzin in m f, originate adverse possession. A strong showing should be required to estab lish adverse possession of a portion or a city lot not occupied by build ings as In such cases the boundaries or the lots are seldom conspicuously marked, and lines are not . closely drawn until occasion arises to de'er mine them accurately, anil unless m. until agreed upon or possession taken by harriers erected, tho nuno.. a Liu i i . . . , - . . west, by 24 feet wide, north and : ,. ue i,resum to occupy to the "ue nue. mere can De no taking of occupancy or possession as an ele-l ment of title by adverse possession I until there has been a disseizin and the adverse possession originated un-; der a claim of ownership. In this' case there was no disseizin or adverse i occupancy or claim of ownership by Mrs. Strang, nor any transfer of the j possession of the property to the ' plaintiff by her. Therefore, plaintiff has no title to the ground other than 1 that described in his deed. I The decree is affirmed. I o Cotton Crop Hurt, CN1TED PRESS LEASED WIRI.J ! bt. Louis, Nov. 3. With the mer cury down to the freezing point at daybreak in nearly all or the cotton belt of Texas, It is predicted today that the 'cotton crop, which prom ised to be large, will be killed. Ac companying the drop in temperature was a heavy fall of snn;v, which was general in Texas, Oklahoma and Kansas. In northwest Texas the snow is six inches deep. At Tulso and oth er Oklahoma points the temperature dropped suddenly to 24 above- Twen ty above zero is reported at lower Ohio valley points. o "HTMAX HEARTS" AT THE GRAND TVESIUV. south; and about February 11, 190S, lie sold and conveyed to plaintiff lot S. and also said portion ol lot 7, 24 feet by 76 feet, described by metes and bounds. About the year 1S90, defendant's grantor, John Hughes, erected a fence a little south of the north line of his property. Mrs. Strang has been absent from the state of Oregon continually since this fence was built, and the property has been rented for her by Mrs. Small to vari ous tenants for residence purposes, except the last three years It was owned by her. Mrs. Small says she never knew anything about the fence as long as she was agent for the premises. Some of the tenants con sidered the fence to be on the line between the property of Mrs. Strang anil the defendant, and occupied the lot up to the fence as they desired one cutting the grass up to the fence; one planting flowers against the fence in places; and one having a chicken yard extending to the fence at the east end of the lot. But it does not appear that Mrs. Strang was ever in posses sion of the disputed ground or ever claimed to own It or authorized, her tenants to do so, and she did not con vey or transfer it to plaintiff. The fact that the defendant's grantor erected the fence within his own ground, either by mistake or Inten tionally, does not constitute an aban donment of the land outside the fence. It was not a line or partition fence. Plaintiff's grantor had no interest therein and could not acquire title to the ground north of the fence, except by adverse occupancy for ten years under a claim of title. , It is said in Talbot v. Smith Secur ity & Saving & Trust Co., 56 Or. 117, "If, by mistake, Watson or Beal built a fence which either supposed to be ob the south line of his land, he is not thereby precluded from now claiming land outside of the fence In the absence of adverse occupancy thereof by plaintiff for ten years under a claim of title." It Is the adverse possession under the title, and the fence becomes ma terial only when it Is an element of a claim of ownership that establishes CANDIDATES NUMEROUS FOR THE PLACE TO QOCKLT CHASE AWAY WRINKLES (From Fashion Review.) The surest and quickest way to ob literate wrinkles of every description, from the finest lines to the deepest furrows, is by means of the saxolite formula, about which we've heard so much of late. Bathing the face and neck In the lotion at once tightens and tones up the skin, affecting every wrinkle, as well as creased or saggy tissue about the cheeks, neck or chin. Any druggist can supply pure pow dered saxolite, which is most effect ive. Dissolve an ounce of this In a half pint of witch hazel, and you have as perfect a Rolution as any expert can make. District Attorney John H. McXary having announced that he would not be a candidate for re-election, attor neys In the counties In the third ju dicial district are grooming them selves for the place, every county presenting one or more candidates, and the fight for the nomination promises to be a hot one. Among the candidates who will be in the field are dale S. Hill, of Al bany; Walter C. Winslow, of Salem: Walter E. Keyes. of Salem, and R. L .Connor, of McMinnville. All of these but Keyes are deputies to Dis trict Attorney McXary, and Keyes acted in that capacity for some time, retiring to take the position of city attorney of Salem. Each of the candidates has a cer tain acquaintance over the district, which Includes Marion, Linn, Yam hill, Polk and Tillamook counties, this district being identical with ho third judicial district. From Interest which is already being shown and from the fact that each of the can didates has a large number of friends the fight promises to e one of the strongest ever waged for the posi tion in this district. Bonfire in Ontario. rtlNITin P1EBS LEA HBP WIRE London, Ont., Xov. 3. Fire on Dundas street here today destroyed the largest dry goods stores In the city. Including Chapman's, Kings will's, Mara's and Gray & Parkers'. The loss wil lreach more than $750, 000. o The boy's nppetlte Is often the source of amazement. If you would have such an appetite take Chember lain'g Tablets. They not only create a healthy appetite, but strengthen the stomach and enable It to do its work naturally. For sale by all dealers. USE SAGE AND SUL PHUR AND HAVE HEALTHY HAIR What a pity It Is to observe so many people with thin and faded hair and then realize that the most of these people might have a fine, healthy head of hair If they would but use the simple "sage tea" of our grandmothers, combined with other Ingredients for restoring and pre serving the hair. Xo one, young or old, need have gray hair, weak, thin or falling hair, dandruff or any trou ble of the sort If they would but use Wyeth's Sage and Sulphur Hair Remedy. On the contrary, It Is pos sible to have healthy, vigorous hair, of perfect color, by a few appll- I cations of this remarkable prepara tion. I Wyeth's Sage and Sulphur Hair I Remedy quickly removes dandruff, . leaves the scalp clean and healthy, i promotes the growth of the hair and restores the natural color of the hair which has become faded or gray. It , is a clean, wholesome dressing, ; which may be used at any time ami ' with perfect safety. Don't neglect your hair. Start today with Wyeth's Sage and Sulphur. This preparation Is offered to the public at fifty cents a bottle, and Is recommended and sold by all drug gists. Special Agent, J. C. Perry, o NEARLY SIX MILLION CASES OF CAWED SALMON UNITED PEE89 LEASED WtRE.1 Seattle, Nov. 3. The present has been the best year the canned sal mon industry has ever known. The pack is three-quarter of a million cases larger than in any previous years and prices have been highest. Packers estimate the Alaska pack at 3.000,000 cases; Puget Sound, 1.350, 000 cases; Columbia river 500,000 cases; British Columbia, 750,000 cases; outside points, 250,000 can "HUMAN HEARTS" THE NEXT PLAY AT THE GRAND To be transported from the strife of town to the atmosphere of the hill country, with Its simple, honest peo ple pursuing their lives of affection and trust. Is In Itself a refreshment. To hear the singing of the birds and those other sounds with the farm, to hear and see all things that flood the memory with pleasant experience and excite the Imagination to a real izing sense of the poetry of common things, it not only a relief from the cares of the day. but a renewal of the better side of nature. In the, realis tic melodrama "Human Hearts" the scenes, which are chiefly among the hills of Arkansas, la found a power to charm that lg marvelous. Every thing has Its purpose, and furthers the main Intentions of an all-absorbing story of love, hate. Injustice and retribution. The play engages the sympathies for the sufferings visited on a family of plain, honest people, through the unfortunate marriage of the hero with an adventuress whom he thought to reform, but failed; the temptation of the old life prov'ng too strong for her. The dark side of the story Is well balanced with humor, adroitly Introduced and made a nec essary element In the action. To de tail the plot would be to rob the readers of tho pleasure of Its sur prises, for, like "Shore Acres" and "The Old Homestead.'' "Human Hearts." while on a different theme throbs with interest true to nature, and Is an ever-welcome visitor to the discriminating and thoughtful specta tor. That Its production will be wel comed by an overflowing house Is almost a forgone conclusion. At the Grand Tuesday, Nov.. 7. Seats on Grand Opera House TUESDAY, NOV. 7 Beautiful, Scenic Production of "HUMAN HEARTS" With a Splendid Cast including the Cleverest Child Actress in the World Greatest IMnr Before the Public Powerful and Impressire Special Reduced Prices 2.V, Cflc and 75c; Box Seats, 1.00 RAILROADS. sale Tuesday at 9 50 and 75c. a. m. Prices, 25c, Notice of Intention to Construct a Sewer to lie Known as "Intern! Sewer District No. 4." Notice Is hereby given that the common council of the city of Salem, Oregon, deems and considers It nec essary and expedient, and proposes to construct a sewer to be known as "Lateral Sewer District No. 4," and that there will be laid 8-Inch vitrified or concrete gewer pipe along Twenty first street, from Asylum avenue to Chemeketa street, as shown and des ignated and according to the maps, plana and specifications adopted for the Bame, and on file at the office of the city recorder, which said plans and specifications are hereby referred to for a more detailed description of said sewer, and hereby made a part of thlg notice, and that the entire coBt of the same will be assessed up on the property directly benefitted by the construction of said sewer. This notice is published for ten (10) days by order of the common council of the city of Salem, Oregon, and the date of the first publication thereof la the 24th day of October,, 1911. CHAS. P. ELGIN City Recorder. 10-24-llt SOUTHERN PACIFIC. Southbound. , IS San Francisco Exp. . 3: , 19 Ashland Passenger 10: , 17 Roseburg Pa-9tnger 6. . 11 Shasta Limited ... 7: , 27 Eugene Passenger . 8: . 15 California Express. 9: , 226 Way Freight .... 9: , 122 Portland Fa- Frt 10: Northbound. . 14 Oregon Express . . 6: .28 Portland Passenger 8: .12 Shasta Limited ..12: , 18 Portland Pasenger. 2: , 20 Portland Passenger. 7. , 225 Way Freight' . . . .12: , 221 Portland Fast Frt. 2: 31a.m. 69a.m. 21 p.m. 43p.m. 85p.m. 66p.m. 60a.m. 46p.m. 43a.m. 30a.m. 35p.m. 66p.m. 43 p.m. 35p.m. 43a.m. OREGON ELECTRIC RAILWAY CO Leate Salem. Arrire Portland. Train 6, 6:30 am 8:30 a.m. Train 4, 8:55 a.m 11:00 a.m. Train 10, 11:15 a.m 1:15 p.m. Train 12, 2:00 p.m 4:00 p.m. Train 14, 3:40 p.m 5:10 p.m. Train 16, 4:00 p.m 6-00 p.m. Train 18, 6:0" pni S f p m. Train 20, 8:56 p.m 10:45 p.m. Arrive In Snlenv 1 8:30 a.m. 8 9:50 a.m. 5 10:30 a.m. 7 1:00 p.m. 9 , 4:15 p.m. Train 11 6:00 p.m. Train 15 8:35 p.m. Train 17 . .11:10 p.m. Train Train Train Train Train Salem, Falls City & Western Ry Leave West Salem for: Dallas, Falls City and Black Rock ' ....9:00 a. m. Dallas and Falls City . . . .'. 1:30 and 4:35 p. m. Sunday trains for: Dallas and Black Rock ......9:00 a, m. and 1:85 p. m. Trains arrive at West Salem from Dallas 8:15 a.m. Black Rock and Dallas. .12:80 p. m. Falls City and Dallas .... 4.15 p.n. o SALEM INDEPENDENCE BOATS. The launches Independence and Louise will Wave their wharf at the foot of Trade street for Independence at the following hours dally except Sunday. Leaves Independence 8:30 a. m. Leaves Salem 4:00 p. m, o A Mall rnrrler'g Load. Seems heavier when he has a weak back and kidney trouble. Fred Due hren, mall carrier at- Atchison, Kas., says: "I have been bothered with kidney and bladder trouble and had a severe pain across my back. When ever 1 carried a heavy load of mall, ny kidney trouble Increased. Some time ago, I started taking Foley Kid ney Pills and since taking them I have gotten entirely rid of all my kidney trouble and am as sound now as ever." Foley Kidney Pllla are tonic in action, and quick In results. Try them. Red Cross Pharmacy (H. Jerman). WEST SALEM TRANSFER Passengers Baggage Connecting with all trains at West Salem tor Dallas, Falls City and Salem. Leaves Journal office for West Salem at 8:40 a. m., 13 m., 1:10 p. m and 4 p. m. ev ery day except Sunday. Also for Independence, Monmouth and McMinnville. Leaves Sunday at 8:00 a. in., 1.00 p. m. and 6:15 p. m. Calls at hotels on request. Telephone or leave orders at Capital Journal office any day but Sunday. Phone 82. NO ORDERS TAKEN FOR CALLS MORE THAN' THREE BLOCKS FROM CORNER OF STATE AND COMMERCIAL STREETS UNLESS AR RANGED FOR IN ADTANCE. J. B. Underwood, Mgr. GIGANTIC Closing Out Sale Of the Stock of the Firm Known as the Salem Music Co. P jrS THE Representative i Creditors Is Now in Full Charge and Everything is Being Sold Regardless of Cost in Order to Satisfy Creditors Opportunity of a Lifetime Never before in the history of Salem have the people had such an opportunity to sup ply themselves with a strictly high-grade piano or player piano at so small a cost, When we started we said we were going to sell the entire stock within 10 days, and we-certainly are doing it. One lady remarked that our place reminded her of a busy department store as every one, even to the porter, was showing and selling goods. EIGHT DAYS MORE And every Piano, Player Piano, Violin, Mandolin, Band Instrument, Guitar, Harp; every piece of Sheet Music, every fixture and the lease will be disposed of, The old saying was never truer than now one man's misfortune is another's gain, PT T AR ANTFPD very p'an! p'ayer p'ano' organ' every 'n vaUArvAlN 1 HEX" strument in this big stock is fully guaran teed to be exactly as represented by a $2,000,000 factory, Come in, look the stock over, and if you don't feel .competent to make your own selection, bring in your friends. Every One Is Cordially Invited to Call and Enjoy the Piano Demonstrations Sites', .ppi Store Open Evenings Until 1 0 O'clock Reasonable Terms Where Desired SALEM MUSIC CO E. H. HOLT, Representing Creditors