O'GORMAN v. BAKER


219 Or. 170 (1959)

338 P.2d 638

347 P.2d 87

O'GORMAN v. BAKER ET UX

Supreme Court of Oregon.

Argued on rehearing September 9, 1959.

Affirmed April 29, 1959.

Reversed and former opinion withdrawn November 25, 1959.


Attorney(s) appearing for the Case

Norman L. Easley, Portland, argued the cause for appellants. With him on the brief were Seitz, Easley & Whipple, of Portland.

Dale Jacobs, Oregon City, argued the cause for respondent. With him on the brief were Charack & Apley, and William Charack, Portland.

Frank E. Nash, Portland, and Mark C. McClanahan, Portland, argued the cause for appellants. With them on the briefs were Seitz, Easley & Whipple, Norman L. Easley, and King, Miller, Anderson, Nash & Yerke, Portland.

John C. Caldwell, Oregon City, argued the cause for respondent. With him on the briefs were William Charack, Milwaukie, Uney and Jacobs, and Dale Jacobs, Oregon City.

Before McALLISTER, Chief Justice, and PERRY, O'CONNELL and CRAWFORD, Justices.


AFFIRMED.

CRAWFORD, J. (Pro Tempore)

Defendants appeal from decree quieting plaintiff's title to approximately five acres of Clackamas County land. Questions involve interpretation of the description in a deed from defendants to plaintiff, executed November 30, 1944, and adverse possession. The single assignment of error is based on entry of the decree. The disputed language reads:

"* * * thence parallel with the southerly line of said road [the Keil...

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