AYLETT v. MARDIS

No. 6444; CA A20205.

650 P.2d 165 (1982)

59 Or.App. 109

J.W. AYLETT and Juanita Aylett, Husband and Wife, Respondents, v. Jacob MARDIS and Harriet Mardis, Husband and Wife, Beverly Norton Blurton, Thomas Westmoreland and Wilma Westmoreland, Husband and Wife, Henry Wolff and June Wolff, Husband and Wife, Michael Baumgart and Connie Baumgart, Husband and Wife, Robert Diehl and Sally Diehl, Husband and Wife, Clarence Gandy, Vernon Rank and Fay Rank, Husband and Wife, and John Winget, Appellants.

Court of Appeals of Oregon.

Decided September 8, 1982.

Reconsideration Denied October 27, 1982.


Attorney(s) appearing for the Case

Rex E.H. Armstrong, Portland, argued the cause for appellants. With him on the briefs were Linda Triplett and Lindsay, Hart, Neil & Weigler, Portland.

Milo Pope, Mount Vernon, argued the cause for respondents. With him on the brief was Kilpatricks & Pope, Mount Vernon.

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


YOUNG, Judge.

Defendants1 appeal from an injunction that denied them use of a statutory way of necessity across plaintiffs' property to reach their residences; they also assert that it was error to deny their counterclaim seeking reformation of a judgment entered in a separate proceeding. Plaintiffs sought the injunction after defendants' predecessor, Braat, who had obtained the way of necessity to reach his landlocked 49.81-acre parcel...

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