STATE, ETC., HIGHWAY DIVISION v. TOLKE

No. 36-648; CA 9262.

586 P.2d 791 (1978)

36 Or.App. 751

STATE of Oregon by and through Department of Transportation, Highway Division, Appellant, v. William I. TOLKE, Respondent.

Court of Appeals of Oregon.

Decided October 30, 1978.


Attorney(s) appearing for the Case

Mary Deits, Asst. Atty. Gen., Salem, argued the cause for appellant. On the briefs were James A. Redden, Atty. Gen., Al J. Laue, Sol. Gen., and James C. Rhodes, Asst. Atty. Gen., Salem.

David G. Frost, Hillsboro, argued the cause for respondent. With him on the brief were Albert T. Kemmer, Beaverton, and Frost & Hall, Hillsboro.

Before SCHWAB, C.J., and THORNTON, TANZER and BUTTLER, JJ.


BUTTLER, Judge.

Plaintiff Department of Transportation (State) appeals from a decree of the circuit court quieting title to certain real property in the defendant and his wife. This proceeding commenced as an action by the State for damages for trespass against defendant, in which the State alleged ownership in fee simple of described real property. Defendant filed an answer denying the State's ownership of the land in question, and by way of a countersuit defendant...

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