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MUZZY v. WILSON

487 P.2d 875 (1971)

Wallace D. MUZZY and Darlene A. Muzzy, Husband and Wife, Respondents, v. Helen Lois WILSON, a Single Woman, Appellant, and Also All Other Persons or Parties Unknown Claiming Any Right, Title, Estate, Lien or Interest in the Real Property Described in the Amended Complaint Herein; Orval D. Yokom, et al., Defendants.

Supreme Court of Oregon.

Decided August 11, 1971.

Attorney(s) appearing for the Case

Roy Kilpatrick, John Day, argued the cause for appellant. On the briefs were Kilpatrick & Matzen, John Day.

Thomas M. Mosgrove, John Day, argued the cause for respondents. On the brief were Yokom & Mosgrove, John Day.

Before McALLISTER, P.J., and DENECKE, HOLMAN, TONGUE, and BRYSON, JJ.

Argued and Submitted at Pendleton May 3, 1971.

McALLISTER, Justice.

This is a suit to quiet title to a strip of land in the city of John Day. Plaintiff is the owner of the record title. The defendant Helen Wilson claims a right of way over the land, either as a member of the public or as the owner of an easement. The trial court held that defendant had no rights in the disputed strip and quieted plaintiff's title. Defendant appeals.1

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