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SCHOELLER v. KULAWIAK

Nos. 88-11-147; CA A67382.

848 P.2d 619 (1993)

118 Or. App. 524

Barry SCHOELLER, Respondent, v. Edward D. KULAWIAK and Lynda E. Kulawiak, Appellants. Edward D. KULAWIAK and Lynda E. Kulawiak, Counter-Plaintiffs-Appellants, v. Barry SCHOELLER, Dale S. Crittenden and Barbara A. Crittenden, and also all other persons or parties unknown, claiming any right, title, lien or interest in the property described in the answer and counterclaim herein, Counter-Defendants-Respondents.

Court of Appeals of Oregon.

Decided March 10, 1993.

Reconsideration Denied April 28, 1993.

Attorney(s) appearing for the Case

Richard S. Pope, Portland, argued the cause for appellants. With him on the briefs was Newcomb, Sabin, Schwartz & Landsverk, Portland.

Warner E. Allen, Portland, argued the cause for respondent. On the brief were Jeffrey S. Bennett, Carlton D. Warren and Warren, Allen, Brookshire & King, Portland.

No appearance for counter-defendants-respondents.

Before WARREN, P.J., and EDMONDS and LANDAU, JJ.

LANDAU, Judge.

This action involves ownership of a disputed strip of land. Plaintiff sued for ejectment, an injunction and trespass. Defendants counterclaimed to quiet title, under a theory of adverse possession, and also for trespass.1 The trial court declared plaintiff to be the owner of the property, ordered defendants to vacate it and enjoined defendants from entering it except pursuant to a written easement. The trial court awarded...

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