School District No. 5 v. Neder
School District No. 5 v. Neder
Opinion of the Court
delivered the opinion of the court.
The general government formerly granted the southeast quarter of the southeast quarter of sec
“Commencing at the northwest corner of the town site of Baker City; thence due west five chains; thence due south eight chains; thence due east five chains; thence due north eight chains to the place of beginning containing four acres,”
—which is also designated in the deed as “situate in the southwest quarter of the southeast quarter” of section 17 above named. By regular mesne conveyances the plaintiff succeeded to this grant by that description. Boyd subsequently conveyed other lands lying immediately west of the plot sold to the academy by description “commencing at the northwest comer of the Baker City Academy Block.” Substantially this form of designation of the beginning point was used for subsequent deeds to land lying immediately west of the plaintiff’s holdings until the year 1904, when one of the defendant’s predecessors in title conveyed by warranty deed property in Baker City “commencing at a point on the south line of Center Street 362.24 feet west from the intersection of the south line of Center Street and the west line of Fourth Street,” and on the same date quitclaimed to the same grantee a tract bounded by beginning 344 feet west of the intersection of street lines already noted, and describing a strip 18.24 feet wide abutting upon the east boundary of the land included in the warranty deed. This strip is the subject of the present controversy.
Front Street.................. 100 feet wide
Blocks 1, 8, 9, 16, with 16% feet alley in each and two lots 100 feet each 4 blocks 216% feet each........ 866 feet
First, Second, and Third Streets, 80 feet each........................ 240 feet
Fourth Street...................... 114 feet
Total......................... 1,320 feet
—or the half mile which would be the east and west dimension of the government town site if that subdivision were of exact standard size.
The decree is affirined. Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.