Cent. Or. Fabricators, Inc. v. Hudspeth

In 1964, Central Oregon Fabricators, Inc. (Plaintiff) received a 24,000-acre property through a conveyance from Hudspeth Land and Livestock Company. Fred Hudspeth and his family (Defendants) then received a conveyance from plaintiffs granting fishing and hunting rights on the land. This conveyance stipulated that the Defendants could bring guests onto the property so long as they were hunting or fishing. Plaintiff’s majority owner, Jack Rhoden, eventually set up barriers as well as guard towers on the property in order to monitor the hunting and fishing. Soon after, Rhoden created a hunting business where he would take hunters on guided trips and charge them up to $5,000 per trip. During this time, the Defendants on one occasion in a nearly thirty-year span had hunted or fished on the premises. Shortly thereafter, the Defendants assigned all of their rights to F&M Realty Co. (F&M). F&M in turn, then agreed with Defendants that they both would convey some of their rights to hunters and fisherman interested in the property in consideration of yearly payments. Plaintiffs now concerned with the rise in competition amongst their hunting business brings this action to quiet title. The trial court ruled in favor of the Plaintiffs stipulating that the Defendants could not assign their rights to another person but could only bring non-paying guests. Furthermore, the trial court determined the Plaintiffs adversely possessed the property by building barriers to no objection of the Defendants. Defendants appeal.