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BERNARDS v. LINK

199 Or. 579 (1953)

248 P.2d 341

263 P.2d 794

BERNARDS ET UX. v. LINK and HAYNES

Supreme Court of Oregon.

Argued on rehearing March 3, 1953.

Affirmed as modified September 24, 1952.

Affirmed on rehearing November 25, 1953.

Attorney(s) appearing for the Case

Albert T. Kemmer, of Portland, argued the cause for appellants. With him on the brief were Allen G. Fletcher, of Portland, and James E. Burdett, of McMinnville.

Eugene E. Marsh, of McMinnville, argued the cause for respondents. On the brief were Marsh, Marsh & Dashney, of McMinnville.

Before BRAND, Chief Justice, and HAY, ROSSMAN and WARNER, Justices.

AFFIRMED AS MODIFIED.

ROSSMAN, J.

This is an appeal by the plaintiffs from a decree which the circuit court entered in favor of the defendants in a suit which prayed that the title of the plaintiffs to a parcel of land described in the complaint be quieted. The parcel, which is approximately 200 acres in extent, is situated in Yamhill county.

The first assignment of error follows:

"The Court erred in holding that the Right-of-Way Deed conveyed...

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