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OLIPHANT v. FRENCH

472 P.2d 275 (1970)

R.F. OLIPHANT, Appellant, v. Edward Dawson FRENCH, Jane Doe French, His Wife; Errol R. French, Jane Doe French, His Wife; Richard L. French, Jane Doe French, His Wife; Also All Other Persons or Parties Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Property Described in the Complaint Herein, Respondents.

Supreme Court of Oregon.

Decided July 22, 1970.

Rehearing Denied September 9, 1970.

Attorney(s) appearing for the Case

Brown, Smith & Robinson, Grants Pass, for appellant.

Johnson, Sloan & Jordan, Grants Pass, for respondents.

Before O'CONNELL, C.J., and McALLISTER, SLOAN, DENECKE, HOLMAN, TONGUE and HOWELL, JJ.

McALLISTER, Justice.

Plaintiff brought this suit in equity to establish his ownership of a one-half interest in certain real property in Josephine County and to compel defendants to convey that interest to him. The trial court found for defendants and plaintiff appeals.

The following facts were established by clear and convincing evidence. In 1944 plaintiff was part owner and manager of the Esterly Mine near Cave...

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