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Oregon Judicial Department Appellate Court Opinions

FILED: November 24, 2004 IN THE COURT OF APPEALS OF THE STATE OF OREGON CHARLES DENISON, Appellant, v. ROBERT L. HODGE, DARLENE L. HODGE, and HODGE OREGON PROPERTIES, LLC, Respondents. ROBERT L. HODGE, DARLENE L. HODGE, and HODGE OREGON PROPERTIES, LLC, Counterclaim Plaintiffs, v. CHARLES DENISON, Counterclaim Defendant. 01-5494; A120614 Appeal from Circuit Court, Lincoln County. Thomas O. Branford, Judge. Argued and submitted July 15, 2004. David B. Lothrop argued the cause for appellant. With him on the briefs was Oregon Coast Law. Jonathan M. Radmacher argued the cause for respondents. With him on the brief was McEwen Gisvold, LLP. Before Edmonds, Presiding Judge, and Haselton and Schuman, Judges EDMONDS, P. J. Reversed and remanded. EDMONDS, P. J. Plaintiff brought this action for trespass, ejectment, and declaratory relief in order to assert his right to land that borders the Alsea River in Lincoln County. After a trial, the court held that defendant Hodge Oregon Properties, LLC (defendant), is the owner of the land, entered a declaratory judgment accordingly, and dismissed all of the parties' other claims as moot. Plaintiff appeals, and we reverse.
file:///C|/Users/Peter/Desktop/Opinions/A120614.htm[4/19/2013 12:06:50 AM]

Oregon Judicial Department Appellate Court Opinions

Plaintiff owns a parcel of land that was originally part of a larger parcel that also included the neighboring land that defendant owns. (1) Plaintiff's parcel was created out of that larger parcel in October 1921 by a deed from J.H. and Mary Early, the owners of the larger parcel, to J.F. Buchanan (the Buchanan tract). In 1937, the surviving owner of the larger parcel, who had remarried and was known as Mary Johnson, together with her new husband, deeded property directly downstream of the Buchanan tract to C.R. and Ruth Lee Curry, who are defendant's predecessors in interest. The area in dispute is land that formed along the river boundary of the Buchanan tract some time after the 1921 deed to Buchanan. The 1937 deed to the Currys includes at least part of that land. However, if the deed to Buchanan conveyed land to the edge of the river, the newly accreted land is part of the Buchanan tract and the Johnsons acquired no interest in it, nor could they have conveyed that land to the Currys. The trial court concluded that the deed to Buchanan did not convey to the river's edge and therefore granted judgment to defendants. Although plaintiff discusses a variety of issues on appeal, the fundamental question is whether the 1921 deed from Early to Buchanan conveyed to the bank of the river whereever the river meandered. (2) That deed describes the property conveyed as: "That part of Lot 5, Sec. 28. T 13 S., R. 11 W. W. M. from a point of beginning on the centre [sic] line of the Alsea highway ot [sic] Sta 83+85, thence S 51

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