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JONES ET UX v. EDWARDS ET UX

219 Or. 429 (1959)

347 P.2d 846

JONES ET UX v. EDWARDS ET UX

Supreme Court of Oregon.

Modified and remanded December 23, 1959.

Attorney(s) appearing for the Case

James M. Blackford, Eugene, argued the cause for appellants. With him on the brief was Clyde N. Johnston, Eugene.

Donald W. Husk, Eugene, argued the cause for respondents. With him on the brief were Harris, Butler, Husk & Gleaves, Eugene.

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

MODIFIED AND REMANDED.

O'CONNELL, J.

This is a suit brought by the servient owner to enjoin the owner of an easement of right of way over plaintiffs' land from trespassing upon plaintiffs' land and from leaving gates open along the right of way.

The defendants, by way of counterclaim, seek a decree (1) ordering plaintiffs to remove two of six gates along the right of way, (2) establishing the width of the right of way at thirty feet, (3) requiring...

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