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MARSTON v. MYERS

201 Or. 259 (1954)

270 P.2d 147

MARSTON v. MYERS

Supreme Court of Oregon.

Reversed and remanded May 5, 1954.

Attorney(s) appearing for the Case

Jos. M. Devers, Jr., of Stayton, argued the cause for appellant. On the brief were Bell & Devers, of Stayton, and Rhoten, Rhoten & Speerstra, of Salem.

John H. Carson, of Salem, argued the cause and filed a brief for respondents and cross-appellants.

Before LATOURETTE, Chief Justice, and ROSSMAN, TOOZE and PERRY, Justices.

REVERSED AND REMANDED WITH INSTRUCTIONS.

PERRY, J.

This is a suit brought by the plaintiff wherein she seeks to have the defendants declared trustees of certain real property for her benefit, and asks for an accounting for the proceeds received by defendants from the sale of timber upon one parcel of land and from the sale of other parcels of land.

The plaintiff's complaint sets forth that Albert R. Myers, a brother of the plaintiff and of the defendant...

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