READ v. DOKEY

87-1151; CA A45624.

758 P.2d 399 (1988)

92 Or.App. 298

James A. READ, Respondent, v. Arthur S. DOKEY and Wilma J. Dokey, Husband and Wife, and Steven L. Dokey, Appellants.

Court of Appeals of Oregon.

Argued and Submitted May 11, 1988.


Attorney(s) appearing for the Case

David M. Gordon, Newport, argued the cause for appellants. With him on the briefs was Macpherson & Associates, Newport.

Eugene K. Richardson, Newport, argued the cause for respondent. With him on the brief was Richardson, Ouderkirk & Hollen, Newport.

Before WARDEN, P.J., GRABER, J., and RIGGS, J. Pro Tem.


WARDEN, Presiding Judge.

Defendants appeal from a judgment granting plaintiff an easement by prescription over a road crossing defendants' real property. They contend that the evidence of the easement was not clear and convincing. We review de novo and reverse.

Plaintiff purchased and took possession of his property in 1967. Access to his property from a county road is by means of Easy Street, the claimed easement, which plaintiff uses daily to get...

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