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FATE v. OWENS

514 P.2d 543 (1973)

Orville R. FATE, Appellant, v. Robert L. OWENS and Sharon Owens, Respondents.

Supreme Court of Oregon, In Banc.

Decided October 4, 1973.

Attorney(s) appearing for the Case

Gerald R. Pullen, Portland, argued the cause for appellant. With him on the brief was Vernon L. Richards, Sandy.

James C. Tait, Oregon City, argued the cause for respondents. With him on the brief were Hibbard, Caldwell, Canning, Bowerman & Schultz, Oregon City.

O'CONNELL, Chief Justice.

This is a declaratory judgment proceeding in which plaintiff seeks to have a roadway declared to be a public roadway as a result of an alleged dedication. The trial court found no evidence of a dedication and held for defendants. Plaintiff appeals.

On May 9, 1967 Paul and Margaret Venable sold, by land sale contract, a parcel of land consisting of a quarter section, to Roy Chambers. In April...

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