any action in the matter.[1] Finally, the city of Portland was allowed to enter 320 acres under the town-site law in 1860, some individual claims under the same being disallowed.[2]
The decision rendered by the general land office in 1858 was that the claims of Stark, Chapman, and Coffin were good, under their several notifications; that Lownsdale's was good under his first notification; and that where the claims of these parties conflicted with the town-site entry of 320 acres their titles should be secured through the town authorities under the provisions of the act of 1844, and the supplementary act of 1854 relating to town sites.[3]
On the demise of Lownsdale, not long after, his heirs at law attempted to lay claim to certain lots in Portland which had been sold previous to the adjustment of titles, but with the understanding and agreement that when their claims should be confirmed the grantors of titles to town lots should confirm the title of the grantees. The validity of the titles obtained from Stark, Lownsdale, Coffin, and Chapman, whether confirmed or not, was sustained by the courts. A case different from either of these was one in which the heirs of Mrs Lownsdale proved that she had never dedicated to the public use in streets or otherwise a portion of her part of the donation claim; nor had the city purchased from her the ground on which Park street, the pride of Portland, was laid out. To compel the city to do this, a row of small houses was built in the street, where
- ↑ Or. Statesman, Feb. 6, 1855. As the reader has probably noticed, the town-site law was extended to Oregon in July 1854, but did not apply to claims already taken, consequently would not apply to Portland. See also Dec. Sup. Ct, relative to Town Sites in Or.; Or. Statesman, Aug. 8, 1875; Or. S. C. Repts, 1853–4.
- ↑ A. P. Dennison, and one Spear, made claims which were disallowed. The latter's pretensions arose from having leased some land between 1850 and 1853, and believing that he could claim as a resident under that act. Dennison's pretensions were similarly founded, and, I believe, Carter's also.
- ↑ Brief in behalf of Stark, Coffin, Lownsdale, and Chapman, 1–24; Or. Statesman, Dec. 21, 1858. See also Martin vs T'Vault, 1 Or. 77; Lownsdale vs City of Portland (U. C. D. C.), 1 Or. 380; Chapman vs. School District No. 1 et al.; Opin. Justice Deady, C. C. U. S.; Burke vs Lownsdale.
