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REID ET AL v. REID

219 Or. 500 (1959)

348 P.2d 29

REID ET AL v. REID

Supreme Court of Oregon.

Affirmed as modified December 30, 1959.

Attorney(s) appearing for the Case

Orval Thompson and H.M. Weatherford argued the cause for appellant. On the briefs were Weatherford and Thompson, Albany.

H.W. Devlin argued the cause for respondents. On the brief were Cummins & Devlin and Marsh, Marsh & Dashney, McMinnville.

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

MODIFIED AND REMANDED.

REDDING, J., (Pro Tempore)

This is a suit by the plaintiffs to have it decreed that they are the owners in fee simple of a 78-acre tract of farm land located near Dayton, in Yamhill County. From a decree in favor of the plaintiffs, the defendant has taken this appeal.

The plaintiffs seek the relief prayed for in their complaint on two theories. In their first cause of suit plaintiffs allege that the execution and delivery of...

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