|
|
|
|
|
Stacy D. Stumbo The Roseburg News-Review May 12, 2003
Aaron Rose died in 1899, but he’s still expected to appear in Douglas County Circuit Court in less than 30 days to clear up a legal matter.The Cow Creek Band of Umpqua Tribe of Indians has taken legal action naming the founder of Roseburg and his fourth wife, Frances E. Rose, in order to obtain clear title to a portion of a lot located west of the Oregon & California Railroad tracks.
Wayne Shammel, the tribe’s attorney, said the Cow Creek are seeking to remove a “cloud on the title.”
When the Cow Creek purchased the Roseburg Surplus Center to make way for development, the deal included a swath of land that was less than 100 square feet located between the building and the Holiday Motel. A record search conducted by a title company yielded no proof that the property had ever been owned or deeded.
The tribe filed the suit against Rose because he was the last known person who could have any claim to the site, since he established the town on his Donation Land Claim in 1851.
Removing the claim will eliminate the potential of someone else appearing and claiming ownership of the property in the future.
“You have to go back to the beginning,” Shammel said. “And Aaron Rose is as far back as you can go unless you want to sue the Indians.”
Rose’s fourth wife is listed on the complaint since she inherited his estate.
The legal notice makes Rose’s obligation clear: “You must appear in this case or the other side will win automatically.” It goes on to advise him, “If you have any questions, you should see an attorney immediately.”
Rose would need to pay a fee and file a motion with the court clerk before June 6 in order to maintain title.
At the age of 38, Rose and his first wife came to Oregon from Coldwater, Mich., via the Applegate Trail. He traded a horse to a squatter for rights to a Donation Land Claim at the confluence of Deer Creek and the South Umpqua River.
After building a successful farm, Rose opened a tavern, store, butcher shop and horse stables. By donating three acres and $1,000 for the construction of a courthouse, he managed to commandeer the title of county seat from the town of Winchester. In 1857, the town of Deer Creek was officially platted and renamed “Roseburgh,” later changed to Roseburg.
In 1872, Rose donated a right-of-way and station grounds for the Oregon & California Railroad.
Shammel said it is unlikely any of Rose’s heirs could successfully claim the property because it would be their burden to prove it was part of their estate.