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PION. CEM. ASSN. v. SPENCER BUTTE LODGE

228 Or. 13 (1961)

363 P.2d 1083

EUGENE PIONEER CEMETERY ASSOCIATION v. SPENCER BUTTE LODGE NO. 9 (I.O.O.F.) ET AL

Supreme Court of Oregon.

Reversed July 26, 1961.

Attorney(s) appearing for the Case

John L. Luvaas, Eugene, argued the cause for appellants. On the brief were Luvaas, Cobb & Richards and Husband & Johnson, Eugene.

Mark V. Weatherford, Albany, argued the cause for respondent. With him on the brief was Harrison M. Weatherford, Albany.

Before McALLISTER, Chief Justice, and WARNER, SLOAN, GOODWIN and LUSK, Justices.

REVERSED.

LUSK, J.

This suit was brought by The Eugene Pioneer Cemetery Association to obtain a decree (1) setting aside a deed of conveyance of a cemetery property usually referred to as the Odd Fellows Cemetery in Eugene, Lane County, Oregon, in which deed The Trustees of Spencer Butte Lodge No. 9, Independent Order of Odd Fellows, a corporation, were the grantors, and the defendant Pioneer Memorial Park Association...

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