Stephen Johnson Field

“ If the evidence of such declarations could be received years after the death of the party who is alleged to have made them, to control the legal title which has descended to his heirs, a new source of insecurity in the tenure of property would be created, and heirs would often hold their possessions upon the uncertain testimony of interested parties, which it would be difficult and sometimes impossible to meet or explain after an interval of years, instead of holding them upon the sure foundations of the records of the country. ”

“ The four children of Nancy Lownsdale, the two by her first husband, Gillihan, and the two by her last husband, survived her, and these, with her surviving husband, became entitled, on her death, to her property in equal proportions, she having died intestate. ”

“ The first covenant, as already stated, is 'to warrant and defend' the property released to Chapman, his heirs and assigns 'against all claims, the United States excepted.' At the time this covenant was executed the title to the property was in the United States, and this fact was well known to the parties. Land was then occupied by settlers throughout the Territory of Oregon, under laws of the provisional government, which were generally respected and enforced. ”