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OWENSBY v. SCHMIDT

No. 28957; CA A23006.

650 P.2d 163 (1982)

59 Or.App. 44

James OWENSBY and Linda Owensby, Husband and Wife, Appellants, v. Lyle J. SCHMIDT and Eldora M. Schmidt, Respondents, Don E. Denlinger, Arnold E. Magnusson and Agnes L. Magnusson, Defendants.

Court of Appeals of Oregon.

Decided September 1, 1982.

Reconsideration Denied October 14, 1982.

Attorney(s) appearing for the Case

Donald M. Kelley, Silverton, argued the cause for appellants. With him on the brief was Kelley & Kelley, Silverton.

Richard H. Allen, Salem, argued the cause and filed the brief for respondents.

Before GILLETTE, P.J., and WARDEN and YOUNG, JJ.

PER CURIAM.

This was an action for breach of contract and for conversion in connection with the conveyance of an easement by defendants Schmidt to plaintiffs Owensby in May, 1975. Plaintiffs then sold the real property to which the easement was appurtenant to a third party on a land sale contract. Later in 1977, the Schmidts sold the real property subject to the easement to a third party. That last conveyance made no mention of the easement; the easement had not been...

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