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SCHMITT ET UX v. CULHANE ET AL

223 Or. 130 (1960)

354 P.2d 75

SCHMITT ET UX v. CULHANE ET AL

Supreme Court of Oregon.

Affirmed as modified July 13, 1960.

Attorney(s) appearing for the Case

Charles S. Crookham, Portland, argued the cause for appellants. With him on the brief were Vergeer & Samuels, Portland.

Cleveland C. Cory, Portland, argued the cause for respondents. With him on the brief were Hart, Rockwood, Davies, Biggs & Strayer and Clarence R. Wicks, Portland.

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

AFFIRMED AS MODIFIED.

MILLARD, J. (Pro Tempore)

This is an appeal by certain landowners in Tunnelwood Park, a platted subdivision, who with others were named defendants in a proceeding instituted in the circuit court of Multnomah county by plaintiffs, who were also landowners in the subdivision, and wherein plaintiffs seek a declaratory judgment with reference to the effect to be given a certain deed restriction purporting to affect the titles to most of the...

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